August 1, 2026 • 32 mins
Handel on the Law. Marginal Legal Advice.
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Speaker 1 (00:00):
You're listen Saints kf I AM six forty. The bill
handles show on demand on the iHeartRadio app. This is
handle on the law marginal legal advice where I tell
you you have absolutely no case.
Speaker 2 (00:17):
Now this isn't necessarily a case, but it is a
little bit of what's going on.
Speaker 3 (00:25):
We're current events.
Speaker 2 (00:26):
Now, many states throughout the country do not have capital punishment.
For example, Jeffrey Dahmer, if he was going to eat people,
which he did, he was in Wisconsin. I was getting
Wisconsin Minnesota confused. So he eats people or he did
(00:47):
eat people in Wisconsin. Wisconsin does not have the death penalty.
Very good place to do that. Now, if you happen
to have an appetite for people, let's say in Texas,
bad place to do that for you, because tex this
not only has the death penalty, they use the death
penalty more.
Speaker 3 (01:06):
There are more.
Speaker 2 (01:06):
Executions in Texas per year than all the other states combined.
Now in Texas there are you can actually do several
executions at the same time. And in Texas, for the
first time and I think thirty years, they executed two
people within a few hours of each other. And that
(01:27):
has not been done in a very long time. But
then again there's Texas.
Speaker 4 (01:31):
Now.
Speaker 2 (01:31):
The move against capital punishment has been going on for years,
even in states that do have capital punishment. For example,
my state California, it's been put on it's basically a moratorium.
Speaker 3 (01:42):
It's still legal.
Speaker 2 (01:43):
People still get the death penalty here in California. But
the governor has said, nah, we're not going to put
anybody to death. It's a moratorium, as opposed to saying
we don't want the death penalty at all. So he
sort of sort of danced around the issue, both giving
people who want the death penalty their choice or a
(02:03):
little bit of ammunition for them. Hey we still have
a death penalty. We're okay with a death penalty, and
the other folks are anti death penalty. He can say, hey,
I'm putting it on. I have a moratorium here, not
under my watch. Well, Texas, none of that happens. Texas
is in favor of the death penalty. They use the
death penalty. They like the death penalty. So two in
(02:25):
one go. Now a little bit of information about California,
because California, I have been I wouldn't say involved, but
have been privy to a lot of death penalty stuff
here in California, almost to the point of, let's say,
(02:45):
well being accused of being way too friendly to the
death penalty, which I am. I actually witnessed an execution
here in the state. Yep, I watched someone be executed. Now,
that was the first execution that was lethal injection, and
that's kind of boring, I have to tell you. They
run an IV and boom, the guy falls asleep and
(03:09):
then he's dead in ten minutes.
Speaker 3 (03:10):
Now, there is some there's some.
Speaker 2 (03:13):
Drama to it because the cheeks go in and out
and the head turns a little bit of purple.
Speaker 3 (03:18):
But that's it. There's not much to it. Prior to that,
it was the gas chamber.
Speaker 2 (03:22):
Now the gas chamber, that one is entertaining because here's
what happens. First of all, there are two seats in
the gas chamber, or were, so you could do It's
like a pilot and a co pilot next to each other,
and you could do two of them at one go,
which California did a couple of times, many many years ago.
(03:43):
And where they do the lethal invection the injections in
California is inside that death chamber, and as you can
imagine glass is two inches thick and the wall so
imagine you have a hexagon right six sided room and
you and you just put a wall right down the middle,
so you now have a three sided room. That is,
(04:07):
it has a wall up to about waist high, and
then there's glass, really thick glass. Because it was gas,
they use gas, and the the inmate, right, the defendant,
the accused, the perpetrator would then be let into the chamber,
strapped down in the chair and the chair was aluminum
with holes in it, so the gas could come up
(04:30):
through the holes and he would suffocate and it was
cyanide poisoning. I mean, it was not pleasant at all.
The technology was very, very high though. There was a
bag of cyanide pellets that were hanging on a mesh
that was attached to a string that went out through
(04:51):
the wall, and underneath that was a bucket of sulfuric acid,
I think is the way it worked. And the warden
simply move the lever, the pellets dropped and boom, you've
got the poisonous gas. And the inmate was told hold
your breath as long as possible and then breathe in
as deep as you can and that will that will
(05:13):
kill you as quickly as possible. I missed that one
by one execution. That's a shame, that really was. So
I happen to be in favor of the death penalty. However,
I'm also against the death penalty, and I'll tell you why.
It's too damn expensive. That's the problem for me. Being
anti death penalty is strictly a fiscal issue, nothing more,
(05:33):
nothing less. Here in California, for those people that are
put to death, it is.
Speaker 3 (05:39):
Hundreds of millions.
Speaker 2 (05:41):
Of dollars if you look at the number of people
that are put to death and the cost of the
death penalty. Why, because someone who has been convicted and
given the death penalty now has automatic appeals going up
and up and up, and I mean a couple of
million dollars worth of legal appeals before the execution does
in fact go through. So what they do now, and
(06:04):
I'm in favor of this is life, the life sentence
without the possibility of parole.
Speaker 3 (06:08):
That's it.
Speaker 2 (06:09):
That's what makes a lot of sense. And so, uh, Texas,
Am I going to move to Texas just to be there?
Speaker 5 (06:15):
Yeah?
Speaker 3 (06:15):
Probably? Now it's Texas. What can I tell you? All right?
Speaker 2 (06:19):
Before I take a break. Let me tell you about
you being injured. You're in a car accident or a
slip and fall, and you're pretty banged up, not your fault,
but you still hurt and in some cases bone's broken, surgery.
I mean, that's big stuff. So you need a lawyer
because it's all about money. That's all you can get
car accident, I'll let you know is get your car
fixed or replaced, and then whatever pain and suffering you're experiencing,
(06:43):
that's just the way it goes.
Speaker 3 (06:45):
So what do you do.
Speaker 2 (06:46):
You want to max your dollars out if you can,
and that's why you do need a lawyer. I'm going
to suggest going to handle on the law dot Com. Now,
a lot of lawyers advertise for personal injury as you know.
Why handle on the law dot com because these lawyers
are vetted. There's if there's an issue, I make the
phone call and I can tell you they're good.
Speaker 3 (07:05):
There are good lawyers. Handle on the law dot Com.
Call eight eight eight eight eight eight eight sixty six eight.
You pay no money upfront, By the way, they take
a percentage of the settlement. Eight eight eight eight eight
eight eight sixty six eight. That's Handle on the Law
dot com. This is Handle on the Law.
Speaker 6 (07:23):
You're listening to Bill Handle on demand from kf I
am six forty.
Speaker 2 (07:29):
Welcome back, Handle on the Law, Marginal legal advice and
phone calls.
Speaker 3 (07:34):
Dan. Uh, let's start with you this break.
Speaker 4 (07:37):
Hello Dan, Okay, you're hey, Hello, You're gonna like this? Okay, No,
I have a trust.
Speaker 3 (07:42):
I'll be the judge.
Speaker 4 (07:43):
Go ahead, Yes, we're okay, I'm here, you're there. Okay,
I have a trust. I have a will. I have
named my brother, who at the time was single, he
recently got married to. I would call her an interesting
person different names.
Speaker 3 (07:59):
Is that another name him for a psycho bitch?
Speaker 4 (08:02):
No, it's a person that has a first name, lives
in another vocation, has a potentially huge family.
Speaker 7 (08:10):
Uh.
Speaker 4 (08:11):
In trying to get information, neither one of them will
tell me anything. It's like interviewing a c I a
case officer. Fact, It's like, okay, question, Uh, supposing I
in my trust and my will, I leave my brother
something does Uh? Does she or her this massive family
(08:33):
that I think she might have late or canon they
lay any claim to what I have left him?
Speaker 3 (08:41):
No, it's all his.
Speaker 4 (08:42):
Okay, that's totally so it's not you know, if he
dies and he.
Speaker 2 (08:49):
Dies claimed, well, it's you know if well, once he
has the money, it's his money. Okay, right now, If
he has a will or a trust, it's his property.
Speaker 3 (09:01):
Whatever it is you're leaving him is his. He can
do whatever the hell he wants.
Speaker 2 (09:04):
It's as if he earned it, as if he just
got it as his, and he can do whatever the
hell he wants. He can leave it to the wife.
And if it turns out that he dies in test state,
which means there is no will, there is no trust,
then the law then says that she gets half or
all half she gets.
Speaker 3 (09:26):
If there are kids that are alive, they split it.
Speaker 2 (09:28):
So let's say he has four kids and she is
married and.
Speaker 3 (09:33):
There his kids.
Speaker 2 (09:36):
Then what ends up happening is the wife gets fifty percent,
the kids get fifty percent whatever if they're Yeah, so
that's easy, but it's all his and just yell.
Speaker 4 (09:45):
The thing is he has no kids. He married her
after a forty eight hour romance.
Speaker 3 (09:53):
Oh yeah, interesting, yeah, behind that, but we don't have
that time. Was he sober at the time, No, he
was scared.
Speaker 2 (10:07):
You can be scared sober at the same time. You
can be scared and drunk at the same time.
Speaker 4 (10:12):
Well, this is true. He was going in for an operation.
He'd never had an operation before, and he lived alone,
and he was thinking, if I get married, I'll have
someone take care of me.
Speaker 3 (10:21):
Okay, So now let me okay, Now let me take
it enough step further.
Speaker 2 (10:25):
So you can feel pretty good about leaving your money
to him. You can put everything you have or whatever
you want to leave to him in a trust and
name a trustee, and we'll give him the money pursuant
to your trust. For example, I have a trust that
leaves my money to my kids, but there is a
trustee because they are not going to touch that money
(10:50):
unless the trustee and I give the power to the
trustee to decide how much they're going to get every
year or every month. And since I don't trust my
kids at all, they are going to get a monthly stipend.
It'll be like they'll be on an allowance. And I
can do that, and therefore they never have access to
the principle, to the big part of the trust. So
(11:11):
there's a bunch of things you can do with a trust.
The cleanest way is to put in the trust and
put ever whatever controls you want on it, and you
can all you can say, it's only for his good,
it's only for his education, whatever you want. If it's
an inheritance, it's all his, not the wife. The family
does no, the family has no claim to it, and
(11:32):
the wife has no claim to it. All right, enjoy yourself. Okay,
you got one more? Better be good? Nope, Okay, Tamara, Hey, Tamara, welcome.
Speaker 7 (11:41):
Okay, Carla, Hi, thank you for taking that call. Sure,
my fiance, My fiance and his two brothers own intrust
a property that their mother left and I want to
buy the brothers out, so two thirds we're getting married.
I'm going to move into the house. We're trying to
preserve the tax rate that's been grandfathers. I talked to
(12:04):
a lawyer yesterday and he said I should set up
an entity or two to keep my name completely disassociated
from this property, because once I do that, it'll trigger
a reevaluation and then the tax base goes up. Yeah.
Speaker 2 (12:18):
Well yeah, well it'll when you transfer property, it kicks
into a real evaluation. I think unless you're transferring, I'm
not a tax guy at all. I should give you
the name my tax you know, my my accountant, and
there's my taxes. But when property transfers, it reassesses almost
(12:40):
at that moment. But if it goes from family to
family member or adding a family, I don't know if
that if that reassesses or not.
Speaker 3 (12:50):
That's a call for the assessor's office.
Speaker 7 (12:52):
That's an easy one cars understanding. The issue is I
tried to research this entity thing, and I keep hearing
that it's it's illegal to try and skirt it. If
I'm trying to get ownership of the house.
Speaker 3 (13:07):
No, no, it's.
Speaker 2 (13:07):
No, no you can well, I mean you're either going
to have ownership of the house or you're not. And
I don't know entity. Is it going to be an
LLC for example, and you're transferred into an LLC? Yeah,
that triggers it. So you know, entity non entity. It's
not easy to skirt reassessment. I mean the state is
pretty good about doing that. So entity or not. Yeah,
(13:31):
it's either going to be your property or it's not
going to be your property. And if it's going to
be reassessed, it's going to be reassessed. How much is
the property worth now at this moment without reassessment?
Speaker 8 (13:41):
Okay?
Speaker 3 (13:42):
And so you pay so and what are the taxes
on it? One point two.
Speaker 7 (13:46):
Million, twelve hundred.
Speaker 3 (13:47):
Oh, you're going to pay a.
Speaker 2 (13:49):
Lot more than that once it's reassessed. It's going to
be closer to twelve or thirteen thousand. So that's your call.
Speaker 9 (13:55):
That's your call.
Speaker 2 (13:55):
Yeah, that's your call. You want to own it, don't
want to own it. You get to pay the hyper
or you pay the account.
Speaker 7 (14:01):
You know, if he leaves the house to me in
his will, that on his gas. I get it, fine,
but that doesn't protect me if we get divorced. Is
there any other legal document?
Speaker 4 (14:13):
No?
Speaker 3 (14:14):
I can't think of. Nope, I can't. Maybe I don't think. No,
that's not You can do it a prenup, but there
has to be.
Speaker 2 (14:21):
He has to own it and the prenup just protects
him or basically for you to have the for you
to have access or ownership.
Speaker 3 (14:30):
There's not going to be any way around it. There isn't.
Speaker 2 (14:32):
All right, So much for that now, I'll tell you
what else doesn't exist is your privacy online. That does
not exist either. If you think you have privacy, you're
dreaming because all of your information is out there on
the internet, your home address, where you work, where you bank,
what you buy, where you buy a court records, accident history,
(14:54):
DMV information, credit score.
Speaker 3 (14:55):
I mean, I could go on for an hour on
that one. It's all out there, very easy to get.
Speaker 2 (15:01):
And it gets even worse than that because all that
information that's out there and easy to get is collected
by hundreds of data brokers and.
Speaker 3 (15:08):
Then they sell it to anyone who wants to buy it.
Speaker 2 (15:11):
I can buy your information and it's not expensive, and
there goes your privacy and if I'm a bad guy,
you're looking at some issues. So here's in Cogny. It's
a company that protects you. What they do is they
contact hundreds of these data brokers and legally demand your
information be deleted so it can't be used. That's what
Incogni does, and I have proof that it works because
(15:34):
I'm a customer and before the show, every show, I
log into my Incognitate account and I see hundreds of
removal requests have been completed, hundreds more are in progress
and are scheduled, and more are added. In Cogni is
there to help you keep your information well at least.
Speaker 3 (15:52):
Not as vulnerable as it is now. That's in Cogni.
Speaker 2 (15:56):
I ncog ni in Cogniti dot com slash handle sixty
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cogni I n c og n i in cognit dot
com slash handle.
Speaker 3 (16:09):
This is Handle on the Law.
Speaker 6 (16:12):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (16:17):
Welcome back more Handle on the Law, Marginal legal advice, Scott,
it's your turn. Welcome to Handle on the Law.
Speaker 5 (16:26):
I'm looking at a lease being proposed to me and
the there's a clause in there that says mutually exclusive.
I'm sorry, yeah, mutually agreed upon. Prices must be mutually
agreed upon by both parties. So what happens if both
(16:47):
parties do not, particularly me, agree upon.
Speaker 4 (16:50):
A price, then.
Speaker 3 (16:51):
There's no leads we solve that. You don't.
Speaker 2 (16:53):
You just either a agree on a price or you don't.
And if the document says both parties must be agreed upon,
must agree and you don't agree, there's no.
Speaker 3 (17:01):
Document, that's all. It's real simple. It's say yes or
a no on that one.
Speaker 5 (17:04):
Well, what if I signed the document and at some
point down the line they say they don't like the price.
Speaker 2 (17:11):
Well, no on Once it's signed, it is signed, and
you have a price there. Now, if you put in
there that it can change at any time, and then
that has to be mutually agreed to, then you go
back to what the original price was. You're talking about
a property lease, right, you're renting someplace, Yes, I'm renting, okay, So.
Speaker 5 (17:33):
And they want to dictate how much recharge.
Speaker 3 (17:35):
Well yeah, that's what they do. When that's how it works.
Speaker 2 (17:38):
Landlords own the property and they pretty much dictate how
much they're going to charge.
Speaker 3 (17:43):
And if the market you.
Speaker 5 (17:44):
Know, it's not how much they're going to charge me,
it's how much I'm going to charge the attendees of
the art show that I'm operating.
Speaker 2 (17:50):
Oh oh okay, got it all right, And that's the lease,
well you better have you better.
Speaker 5 (17:56):
I've had a lease for ten years. Okay, that's never
been where.
Speaker 2 (17:59):
Okay, Well it's real simple. If there it is where
it says this is the price you're going to charge attendees,
thank you, that's in the lease, or it's going to
be mutually agreed upon, then there's no price. Then it
really means there's no lease. It doesn't exist because you
haven't come to terms. A contract is a contract where
(18:22):
both sides engage in the contract, both sides agree. That's
what that's what contracts are. By definition, this is what
God invented when he created contracts. Both sides have to agree.
So I suggest you agree to whatever terms you want.
Speaker 3 (18:38):
And if they want you, you're going to get your
terms better than theirs. And if you want them more
than they want you, then you're probably gonna have to cave.
Speaker 5 (18:46):
And so you know, price, is it even in the
proposed lease that I'm signing, we currently have a lease
with them, we're renewing, and there's no mention of the
prices we charge.
Speaker 2 (18:57):
Well, if it's there isn't, then then really that there's
no prisis whatever you guys want, that's it.
Speaker 3 (19:03):
Okay, if we.
Speaker 2 (19:04):
Have an agreement, I can rent your place for my
art gallery or my art event, and I don't know
when I'm going to charge, and you don't know what
you're going to charge, But let's just go forward anyway
and we'll agree to it. What happens if you don't agree,
let me ask you this. You're moving forward, do you
have a date, you don't know what you're going to charge,
How do you do that? Or do you just charge
(19:25):
and what if the landlord says no, no, you can't
have it. But I have an agree. I have a
statement that says we're going to agree. I don't agree.
I mean you have to put in writing, Scott, you
got to put everything in writing. So mutually agreed upon
makes the contract work. Because mutually agree upon means nothing
unless you mutually agree. So what you're doing is you
have a contract that until you mutually agree, doesn't mean
(19:48):
very much. How many pages is it?
Speaker 3 (19:50):
Okay? Ten pages?
Speaker 2 (19:51):
Well, here's land I suggest is you cut it into
four squares that document okay, and then you take it
with you in the bathroom just in case you run
out of toilet tissue. That will work as unfaulved. Okay,
all right, uh Mark, Hello Mark, welcome.
Speaker 8 (20:09):
Yeah, h Bill, I'm thinking about selling some property and
I've been working with a friend who's a real estate
person and we're just trying to do some back sheltering
strategies and.
Speaker 9 (20:19):
Things like that to limit capital gains.
Speaker 8 (20:22):
Anyways, he had mentioned that he has a semi retired
friend who's a like a tax attorney and he does
real estate especially. He's like, hey, let's all get together
and you have a conversation, and I said, okay, that
sounds good.
Speaker 5 (20:34):
You know.
Speaker 8 (20:35):
So there was no agreement, you know, there was no
like you didn't say, oh, by the way, he charges
X amount of dollars per hour or anything. So we
all sat down, and to be honest, the really wasn't
that productive. I mean, most of the things we discussed
were things that I was aware of already. And then
at the end, my real estate friend had another meeting,
had to leave the office. And then so this real
(20:56):
estate you're not real estate, but the attorney fellow was
hanging out for a little while. You want to chet
and talk, and so then we're about ready to leave.
He goes, well, let's just call it an hour. So
how about you know, like six hundred dollars. And I
was kind of like huh. So I said, well, I
didn't have that discussion with with my friend. I mean, so,
(21:17):
am I going to get a bill like oh.
Speaker 2 (21:19):
This guy or I mean no, The answer is yeah,
you're going to get a bill. And the answer that
you have is no, you don't know the guy. I mean,
I can send you a bill. You and I are
having a conversation right now, and I can say it's
a one hour minimum.
Speaker 3 (21:34):
I've done that. Well, I could do that, and so yeah,
i'm your lawyer for that hour. You go, No, you're not.
I didn't agree to that. You know, we're just getting
This was a social This was a social event that
my friend came through. Yeah, so the answer is no,
So what is he gonna do. He's gonna sue you
for six hundred dollars? Good luck, he's got to go.
(21:54):
He's got to know. You're fine. You're fine, nothing is
going to happen. What do you What do you do
for a being?
Speaker 8 (22:00):
By the way, well, I'm pretty much semi retired.
Speaker 3 (22:02):
Okay, but what did you do? What did you do
for a living? You'll see where I'm going. Actually, what
did you do for a living?
Speaker 7 (22:07):
Okay?
Speaker 8 (22:08):
I worked to a pharmaceutical company.
Speaker 3 (22:10):
For po Okay, all right, so here's what I would argue.
Speaker 2 (22:14):
Did you mention at all that you work for pharmaceutical
company during the course of the conversation.
Speaker 3 (22:18):
No, Well, you know, here's what I would do.
Speaker 2 (22:21):
Okay, he sent you a bill for six hundred dollars,
I would turn around and send him a bill for
six hundred dollars because he was asking you questions. And
then you go, why don't we call it even Huh?
You don't get six hundred and I don't get six hundred.
There's no way he's going to prepail on this. You're fine, Mark,
don't worry about it, all right.
Speaker 3 (22:39):
So let's talk.
Speaker 2 (22:40):
About when you really do need a lawyer, and you
are going to a lawyer, and it's for real, in
a personal injury situation, for example, the good news here
is you're not paying money upfront at all. And I'm
talking about you being injured in a car accident or
a slip and fall, or you go to a big
box store and a big box falls on your head.
(23:00):
You've got a personal injury case, especially if it's not
your fault and you've been injured. And the more serious
injury is, of course, the.
Speaker 3 (23:07):
More money you're going to get.
Speaker 2 (23:08):
And it's only about money, by the way, there's nothing
else you can do except get money. So do you
want to max it? I would think so, And this
is where you need a personal injury lawyer. Now you
may get in a conversation with the insurance company from
the other side, but these guys make a living it
not paying you your way out of your wheelhouse. So
I strongly suggest as a matter of fact, when I've
gotten in a car accident, I've been injured, I hire
(23:30):
a personal injury lawyer because that's not my wheelhouse. So
visit handleothlaw dot com. You won't pay upfront. They take
a percentage of what you get, and boy are they good.
Handle on the Law dot com. Call eight eight eight
eight eight eight eight sixty six eight. That's eight eight
eight eight eight eight eight sixty six eight. Handle on
the Law dot com. And this is Handle on the Law.
Speaker 6 (23:54):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (24:02):
We still have lines open, so you still have a
chance to ask the magical questions that I can answer.
And the phone number is eight hundred five two zero
one five three four and you can call in right
about now eight hundred five two zero one five three
four and welcome back. This is Handle on the Law
(24:25):
Marginal legal advice where I tell you have absolutely no case.
Also keep in mind that when you have absolutely no case,
that's the joy in my life. Whenever I say, yeah,
you've got a case, I find that very depressing because
I love your misery. There is no question I get
depressed when I'm not depressed. It's yeah, have whole thing
(24:48):
about that. Eight hundred five two zero one five three four.
All right, welcome back. More handle on the law of Scott.
Speaker 3 (24:57):
It's your turn. What can I do for you? Scott?
You knew and Bill, Yes, sir.
Speaker 9 (25:02):
I had a motion hearing on July fifteenth against my
siblings and matters of a trust. And as they call
row call, then they said there's some tentative rulings. They
handed me the paperwork because I represent myself, and it'said
tentative ruling dismissed. And the look on their face was
they were shocked. And then we both got to speak
(25:22):
and I was happy with the dismissal. Of course, my
siblings and their attorney were not. They said a few things.
The judge looked at them and said, okay, I'll take
this under suminission. And it's been now two almost two
and a half weeks and haven't heard anything. So I
called the court yesterday and they said the judge when
she decides, she'll decide, then she'll email you. So how
(25:42):
long can they take to do that?
Speaker 2 (25:44):
Twenty five years? Yeah, well you are pretty much there.
I mean, they're right. When the judge decides, The judge decides. Now,
is there a point where you're beyond the judges, beyond
the I'm when he or she should decide? Yeah, but
I don't know where that is, Scott. And there are
(26:07):
decisions that come down months later because the judge determines
how much time he or she wants to take. And
when you talk about emotion, how complicated was the motion
the argument?
Speaker 3 (26:21):
Well, tell me about the case. Tell me about what's
going on with the case.
Speaker 9 (26:24):
Three years of battling them against my mom's rights with
their healthcare directive?
Speaker 3 (26:29):
Okay?
Speaker 9 (26:29):
Attorney fees on there? And I represented myself so they're
asuing me or they brought me to court to collect
attorneys fees okay?
Speaker 3 (26:36):
And was that a small claims court or was that
superior court?
Speaker 9 (26:39):
No probate?
Speaker 3 (26:40):
Oh, it was the probate court. And did they bring
an attorney in there?
Speaker 9 (26:43):
They've had a horrible attorney call it.
Speaker 3 (26:46):
Okay, God, they've.
Speaker 9 (26:47):
Had an attorney for these three years, a couple hundred
thousand dollars.
Speaker 3 (26:51):
Wow. And you have a tentative ruling in your favor,
is that right?
Speaker 8 (26:56):
Yes?
Speaker 2 (26:57):
Well, first of all, you're in very good shape at
this point. Because very rarely does a judge issue a
tentative and then turn around and go the other way
unless new information is brought at that hearing, where it
just changes everything around. So the good news is you're
in pretty good shape. The bad news is you have
(27:17):
a judge that takes her time. If you're only talking
two and a half weeks, yeah, I wouldn't even call
the court for another three weeks to find out where
things are.
Speaker 3 (27:28):
That's the problem.
Speaker 2 (27:30):
And judges just take forever sometimes and cases can go
on forever. So you should be okay, how much money
are they asking for?
Speaker 8 (27:38):
Two hundred thousand okay?
Speaker 2 (27:40):
And that's for how big was the two hundred thousand
dollars in attorney's fees? And how big is the probate? We're
talking about the amount.
Speaker 9 (27:49):
Of money the trust?
Speaker 3 (27:50):
Yeah five million?
Speaker 2 (27:52):
Okay, yeah, I can see that. And so right now
the trust is are you the trustee?
Speaker 9 (27:56):
No, we all got kicked out because of their Shenanigan.
Speaker 3 (27:59):
Okay, is shary okay? And the court named the fiduciary correct.
Speaker 9 (28:04):
Yeah, they pointed acary.
Speaker 3 (28:05):
Okay.
Speaker 2 (28:06):
Yeah, I think you're in good shape. And the fiduciary,
I'm assuming, well they can't produce side.
Speaker 3 (28:11):
Oh, then you're fine. Yeah, then you're then you're fine.
Then you're fine.
Speaker 2 (28:15):
If fiduciary, of course, can't issue money, can't decide who
gets it, or can't issue the h the balance of
it or whatever in the principal until the court makes
a decision.
Speaker 3 (28:27):
But you know, just kick back, you know it'll be
a month. How long you've been waiting? How long have
you been waiting right now.
Speaker 9 (28:33):
At this point for the motion? Two and a half weeks?
Speaker 3 (28:36):
No, no, how long have you been waiting to get
the money?
Speaker 9 (28:38):
Oh? My month passed about seven weeks ago.
Speaker 3 (28:42):
So oh oh you're right. Oh god, this happened so quickly.
Speaker 2 (28:45):
Okay, two hundred thousand dollars in seven weeks, that's fantastic.
Speaker 9 (28:51):
Yeah, No, one, two hundred thousands. Over the past year.
We went to mediation and they got the trust to
pay everyone's attorney's fees and brought into zero mediation. They
racked up two hundred thousand.
Speaker 2 (29:05):
Oh yeah, that's crazy. That's yeah. I can see the
judge going, no, that's just way too much.
Speaker 3 (29:10):
Lawyers.
Speaker 9 (29:11):
I had a case about four hundred thousand total.
Speaker 3 (29:14):
Yeah, I mean, that's completely insane.
Speaker 2 (29:16):
I had a case in which I won, and the
case and the damages were virtually nothing, and the case
was only worth in the end, maybe thirty thousand dollars, okay,
and it was, and the judge pigged one little thing
against me, and I had to do with the timeline,
(29:37):
and it was like in nothing. The damages were absolutely nothing.
It was like four thousand dollars, which of course was incorporated,
so I didn't.
Speaker 3 (29:43):
Have to pay any of it.
Speaker 2 (29:44):
But the law says that their attorney's fees can be
requested by the prevailing party, prevailing party being the other
people that there was a four thousand dollars liability on
my side, which they didn't get four thousand dollars, but
attorney's fees could apply.
Speaker 3 (30:04):
The attorney turned in nine hundred thousand.
Speaker 2 (30:08):
Dollars worth of work and bills for a four thousand
dollars judgment. The judge looked at him and literally started laughing,
just laughing, and said, get out of my courthouse. And
I think the same thing is going to happen to you.
I think you're going to be fine. I wouldn't sweat it.
Let's just sit back. You've been waiting a while and
it'll take another few weeks, maybe another couple of months,
(30:30):
okay before we bail A little bit about.
Speaker 3 (30:33):
Your privacy online? What privacy online?
Speaker 2 (30:37):
It doesn't exist because everything about you is out there
and available online. I can find out your home address,
where you work, where you bank, what where you buy,
what you buy, court records, insurance company records, DMV information,
credit score, your social media. I mean I could do that,
(30:57):
and the bad guys go out there and do that too,
because not only is your information available, but there are
data brokers that collect that information and then sell it.
They'll sell it to anyone who wants to buy it,
and there you are a little vulnerable. You think, well,
in Cogni is a company that comes in and actually
fights back, defends you. And what they do is they
(31:18):
contact hundreds of these data brokers and legally demand that
your information be deleted, be scrubbed. That's in Cogny. And
I am a customer. Before every show, I log onto
my Incognita account and there they are hundreds of removal
requests have been completed, hundreds more are in progress and scheduled.
It changes because they're finding more all the time, and
(31:40):
the bad guys come aboard and start and in Cogni
shuts them down. So in Cogni get sixty percent off
when you use my name handle go to incogni I
ncog n I in Cogni dot com. Slash handle. In
Cogni dot com slash handle, this is handle on the law.
Speaker 1 (32:02):
You've been listening to the Bill Handle show. Catch my
show Monday through Friday, six am to nine am, and
anytime on demand on the iHeartRadio app
You're listen Saints kf I AM six forty. The bill
handles show on demand on the iHeartRadio app. This is
handle on the law marginal legal advice where I tell
you you have absolutely no case.
Speaker 2 (00:17):
Now this isn't necessarily a case, but it is a
little bit of what's going on.
Speaker 3 (00:25):
We're current events.
Speaker 2 (00:26):
Now, many states throughout the country do not have capital punishment.
For example, Jeffrey Dahmer, if he was going to eat people,
which he did, he was in Wisconsin. I was getting
Wisconsin Minnesota confused. So he eats people or he did
(00:47):
eat people in Wisconsin. Wisconsin does not have the death penalty.
Very good place to do that. Now, if you happen
to have an appetite for people, let's say in Texas,
bad place to do that for you, because tex this
not only has the death penalty, they use the death
penalty more.
Speaker 3 (01:06):
There are more.
Speaker 2 (01:06):
Executions in Texas per year than all the other states combined.
Now in Texas there are you can actually do several
executions at the same time. And in Texas, for the
first time and I think thirty years, they executed two
people within a few hours of each other. And that
(01:27):
has not been done in a very long time. But
then again there's Texas.
Speaker 4 (01:31):
Now.
Speaker 2 (01:31):
The move against capital punishment has been going on for years,
even in states that do have capital punishment. For example,
my state California, it's been put on it's basically a moratorium.
Speaker 3 (01:42):
It's still legal.
Speaker 2 (01:43):
People still get the death penalty here in California. But
the governor has said, nah, we're not going to put
anybody to death. It's a moratorium, as opposed to saying
we don't want the death penalty at all. So he
sort of sort of danced around the issue, both giving
people who want the death penalty their choice or a
(02:03):
little bit of ammunition for them. Hey we still have
a death penalty. We're okay with a death penalty, and
the other folks are anti death penalty. He can say, hey,
I'm putting it on. I have a moratorium here, not
under my watch. Well, Texas, none of that happens. Texas
is in favor of the death penalty. They use the
death penalty. They like the death penalty. So two in
(02:25):
one go. Now a little bit of information about California,
because California, I have been I wouldn't say involved, but
have been privy to a lot of death penalty stuff
here in California, almost to the point of, let's say,
(02:45):
well being accused of being way too friendly to the
death penalty, which I am. I actually witnessed an execution
here in the state. Yep, I watched someone be executed. Now,
that was the first execution that was lethal injection, and
that's kind of boring, I have to tell you. They
run an IV and boom, the guy falls asleep and
(03:09):
then he's dead in ten minutes.
Speaker 3 (03:10):
Now, there is some there's some.
Speaker 2 (03:13):
Drama to it because the cheeks go in and out
and the head turns a little bit of purple.
Speaker 3 (03:18):
But that's it. There's not much to it. Prior to that,
it was the gas chamber.
Speaker 2 (03:22):
Now the gas chamber, that one is entertaining because here's
what happens. First of all, there are two seats in
the gas chamber, or were, so you could do It's
like a pilot and a co pilot next to each other,
and you could do two of them at one go,
which California did a couple of times, many many years ago.
(03:43):
And where they do the lethal invection the injections in
California is inside that death chamber, and as you can
imagine glass is two inches thick and the wall so
imagine you have a hexagon right six sided room and
you and you just put a wall right down the middle,
so you now have a three sided room. That is,
(04:07):
it has a wall up to about waist high, and
then there's glass, really thick glass. Because it was gas,
they use gas, and the the inmate, right, the defendant,
the accused, the perpetrator would then be let into the chamber,
strapped down in the chair and the chair was aluminum
with holes in it, so the gas could come up
(04:30):
through the holes and he would suffocate and it was
cyanide poisoning. I mean, it was not pleasant at all.
The technology was very, very high though. There was a
bag of cyanide pellets that were hanging on a mesh
that was attached to a string that went out through
(04:51):
the wall, and underneath that was a bucket of sulfuric acid,
I think is the way it worked. And the warden
simply move the lever, the pellets dropped and boom, you've
got the poisonous gas. And the inmate was told hold
your breath as long as possible and then breathe in
as deep as you can and that will that will
(05:13):
kill you as quickly as possible. I missed that one
by one execution. That's a shame, that really was. So
I happen to be in favor of the death penalty. However,
I'm also against the death penalty, and I'll tell you why.
It's too damn expensive. That's the problem for me. Being
anti death penalty is strictly a fiscal issue, nothing more,
(05:33):
nothing less. Here in California, for those people that are
put to death, it is.
Speaker 3 (05:39):
Hundreds of millions.
Speaker 2 (05:41):
Of dollars if you look at the number of people
that are put to death and the cost of the
death penalty. Why, because someone who has been convicted and
given the death penalty now has automatic appeals going up
and up and up, and I mean a couple of
million dollars worth of legal appeals before the execution does
in fact go through. So what they do now, and
(06:04):
I'm in favor of this is life, the life sentence
without the possibility of parole.
Speaker 3 (06:08):
That's it.
Speaker 2 (06:09):
That's what makes a lot of sense. And so, uh, Texas,
Am I going to move to Texas just to be there?
Speaker 5 (06:15):
Yeah?
Speaker 3 (06:15):
Probably? Now it's Texas. What can I tell you? All right?
Speaker 2 (06:19):
Before I take a break. Let me tell you about
you being injured. You're in a car accident or a
slip and fall, and you're pretty banged up, not your fault,
but you still hurt and in some cases bone's broken, surgery.
I mean, that's big stuff. So you need a lawyer
because it's all about money. That's all you can get
car accident, I'll let you know is get your car
fixed or replaced, and then whatever pain and suffering you're experiencing,
(06:43):
that's just the way it goes.
Speaker 3 (06:45):
So what do you do.
Speaker 2 (06:46):
You want to max your dollars out if you can,
and that's why you do need a lawyer. I'm going
to suggest going to handle on the law dot Com. Now,
a lot of lawyers advertise for personal injury as you know.
Why handle on the law dot com because these lawyers
are vetted. There's if there's an issue, I make the
phone call and I can tell you they're good.
Speaker 3 (07:05):
There are good lawyers. Handle on the law dot Com.
Call eight eight eight eight eight eight eight sixty six eight.
You pay no money upfront, By the way, they take
a percentage of the settlement. Eight eight eight eight eight
eight eight sixty six eight. That's Handle on the Law
dot com. This is Handle on the Law.
Speaker 6 (07:23):
You're listening to Bill Handle on demand from kf I
am six forty.
Speaker 2 (07:29):
Welcome back, Handle on the Law, Marginal legal advice and
phone calls.
Speaker 3 (07:34):
Dan. Uh, let's start with you this break.
Speaker 4 (07:37):
Hello Dan, Okay, you're hey, Hello, You're gonna like this? Okay, No,
I have a trust.
Speaker 3 (07:42):
I'll be the judge.
Speaker 4 (07:43):
Go ahead, Yes, we're okay, I'm here, you're there. Okay,
I have a trust. I have a will. I have
named my brother, who at the time was single, he
recently got married to. I would call her an interesting
person different names.
Speaker 3 (07:59):
Is that another name him for a psycho bitch?
Speaker 4 (08:02):
No, it's a person that has a first name, lives
in another vocation, has a potentially huge family.
Speaker 7 (08:10):
Uh.
Speaker 4 (08:11):
In trying to get information, neither one of them will
tell me anything. It's like interviewing a c I a
case officer. Fact, It's like, okay, question, Uh, supposing I
in my trust and my will, I leave my brother
something does Uh? Does she or her this massive family
(08:33):
that I think she might have late or canon they
lay any claim to what I have left him?
Speaker 3 (08:41):
No, it's all his.
Speaker 4 (08:42):
Okay, that's totally so it's not you know, if he
dies and he.
Speaker 2 (08:49):
Dies claimed, well, it's you know if well, once he
has the money, it's his money. Okay, right now, If
he has a will or a trust, it's his property.
Speaker 3 (09:01):
Whatever it is you're leaving him is his. He can
do whatever the hell he wants.
Speaker 2 (09:04):
It's as if he earned it, as if he just
got it as his, and he can do whatever the
hell he wants. He can leave it to the wife.
And if it turns out that he dies in test state,
which means there is no will, there is no trust,
then the law then says that she gets half or
all half she gets.
Speaker 3 (09:26):
If there are kids that are alive, they split it.
Speaker 2 (09:28):
So let's say he has four kids and she is
married and.
Speaker 3 (09:33):
There his kids.
Speaker 2 (09:36):
Then what ends up happening is the wife gets fifty percent,
the kids get fifty percent whatever if they're Yeah, so
that's easy, but it's all his and just yell.
Speaker 4 (09:45):
The thing is he has no kids. He married her
after a forty eight hour romance.
Speaker 3 (09:53):
Oh yeah, interesting, yeah, behind that, but we don't have
that time. Was he sober at the time, No, he
was scared.
Speaker 2 (10:07):
You can be scared sober at the same time. You
can be scared and drunk at the same time.
Speaker 4 (10:12):
Well, this is true. He was going in for an operation.
He'd never had an operation before, and he lived alone,
and he was thinking, if I get married, I'll have
someone take care of me.
Speaker 3 (10:21):
Okay, So now let me okay, Now let me take
it enough step further.
Speaker 2 (10:25):
So you can feel pretty good about leaving your money
to him. You can put everything you have or whatever
you want to leave to him in a trust and
name a trustee, and we'll give him the money pursuant
to your trust. For example, I have a trust that
leaves my money to my kids, but there is a
trustee because they are not going to touch that money
(10:50):
unless the trustee and I give the power to the
trustee to decide how much they're going to get every
year or every month. And since I don't trust my
kids at all, they are going to get a monthly stipend.
It'll be like they'll be on an allowance. And I
can do that, and therefore they never have access to
the principle, to the big part of the trust. So
(11:11):
there's a bunch of things you can do with a trust.
The cleanest way is to put in the trust and
put ever whatever controls you want on it, and you
can all you can say, it's only for his good,
it's only for his education, whatever you want. If it's
an inheritance, it's all his, not the wife. The family
does no, the family has no claim to it, and
(11:32):
the wife has no claim to it. All right, enjoy yourself. Okay,
you got one more? Better be good? Nope, Okay, Tamara, Hey, Tamara, welcome.
Speaker 7 (11:41):
Okay, Carla, Hi, thank you for taking that call. Sure,
my fiance, My fiance and his two brothers own intrust
a property that their mother left and I want to
buy the brothers out, so two thirds we're getting married.
I'm going to move into the house. We're trying to
preserve the tax rate that's been grandfathers. I talked to
(12:04):
a lawyer yesterday and he said I should set up
an entity or two to keep my name completely disassociated
from this property, because once I do that, it'll trigger
a reevaluation and then the tax base goes up. Yeah.
Speaker 2 (12:18):
Well yeah, well it'll when you transfer property, it kicks
into a real evaluation. I think unless you're transferring, I'm
not a tax guy at all. I should give you
the name my tax you know, my my accountant, and
there's my taxes. But when property transfers, it reassesses almost
(12:40):
at that moment. But if it goes from family to
family member or adding a family, I don't know if
that if that reassesses or not.
Speaker 3 (12:50):
That's a call for the assessor's office.
Speaker 7 (12:52):
That's an easy one cars understanding. The issue is I
tried to research this entity thing, and I keep hearing
that it's it's illegal to try and skirt it. If
I'm trying to get ownership of the house.
Speaker 3 (13:07):
No, no, it's.
Speaker 2 (13:07):
No, no you can well, I mean you're either going
to have ownership of the house or you're not. And
I don't know entity. Is it going to be an
LLC for example, and you're transferred into an LLC? Yeah,
that triggers it. So you know, entity non entity. It's
not easy to skirt reassessment. I mean the state is
pretty good about doing that. So entity or not. Yeah,
(13:31):
it's either going to be your property or it's not
going to be your property. And if it's going to
be reassessed, it's going to be reassessed. How much is
the property worth now at this moment without reassessment?
Speaker 8 (13:41):
Okay?
Speaker 3 (13:42):
And so you pay so and what are the taxes
on it? One point two.
Speaker 7 (13:46):
Million, twelve hundred.
Speaker 3 (13:47):
Oh, you're going to pay a.
Speaker 2 (13:49):
Lot more than that once it's reassessed. It's going to
be closer to twelve or thirteen thousand. So that's your call.
Speaker 9 (13:55):
That's your call.
Speaker 2 (13:55):
Yeah, that's your call. You want to own it, don't
want to own it. You get to pay the hyper
or you pay the account.
Speaker 7 (14:01):
You know, if he leaves the house to me in
his will, that on his gas. I get it, fine,
but that doesn't protect me if we get divorced. Is
there any other legal document?
Speaker 4 (14:13):
No?
Speaker 3 (14:14):
I can't think of. Nope, I can't. Maybe I don't think. No,
that's not You can do it a prenup, but there
has to be.
Speaker 2 (14:21):
He has to own it and the prenup just protects
him or basically for you to have the for you
to have access or ownership.
Speaker 3 (14:30):
There's not going to be any way around it. There isn't.
Speaker 2 (14:32):
All right, So much for that now, I'll tell you
what else doesn't exist is your privacy online. That does
not exist either. If you think you have privacy, you're
dreaming because all of your information is out there on
the internet, your home address, where you work, where you bank,
what you buy, where you buy a court records, accident history,
(14:54):
DMV information, credit score.
Speaker 3 (14:55):
I mean, I could go on for an hour on
that one. It's all out there, very easy to get.
Speaker 2 (15:01):
And it gets even worse than that because all that
information that's out there and easy to get is collected
by hundreds of data brokers and.
Speaker 3 (15:08):
Then they sell it to anyone who wants to buy it.
Speaker 2 (15:11):
I can buy your information and it's not expensive, and
there goes your privacy and if I'm a bad guy,
you're looking at some issues. So here's in Cogny. It's
a company that protects you. What they do is they
contact hundreds of these data brokers and legally demand your
information be deleted so it can't be used. That's what
Incogni does, and I have proof that it works because
(15:34):
I'm a customer and before the show, every show, I
log into my Incognitate account and I see hundreds of
removal requests have been completed, hundreds more are in progress
and are scheduled, and more are added. In Cogni is
there to help you keep your information well at least.
Speaker 3 (15:52):
Not as vulnerable as it is now. That's in Cogni.
Speaker 2 (15:56):
I ncog ni in Cogniti dot com slash handle sixty
percent off when you use my name handle that's in
cogni I n c og n i in cognit dot
com slash handle.
Speaker 3 (16:09):
This is Handle on the Law.
Speaker 6 (16:12):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (16:17):
Welcome back more Handle on the Law, Marginal legal advice, Scott,
it's your turn. Welcome to Handle on the Law.
Speaker 5 (16:26):
I'm looking at a lease being proposed to me and
the there's a clause in there that says mutually exclusive.
I'm sorry, yeah, mutually agreed upon. Prices must be mutually
agreed upon by both parties. So what happens if both
(16:47):
parties do not, particularly me, agree upon.
Speaker 4 (16:50):
A price, then.
Speaker 3 (16:51):
There's no leads we solve that. You don't.
Speaker 2 (16:53):
You just either a agree on a price or you don't.
And if the document says both parties must be agreed upon,
must agree and you don't agree, there's no.
Speaker 3 (17:01):
Document, that's all. It's real simple. It's say yes or
a no on that one.
Speaker 5 (17:04):
Well, what if I signed the document and at some
point down the line they say they don't like the price.
Speaker 2 (17:11):
Well, no on Once it's signed, it is signed, and
you have a price there. Now, if you put in
there that it can change at any time, and then
that has to be mutually agreed to, then you go
back to what the original price was. You're talking about
a property lease, right, you're renting someplace, Yes, I'm renting, okay, So.
Speaker 5 (17:33):
And they want to dictate how much recharge.
Speaker 3 (17:35):
Well yeah, that's what they do. When that's how it works.
Speaker 2 (17:38):
Landlords own the property and they pretty much dictate how
much they're going to charge.
Speaker 3 (17:43):
And if the market you.
Speaker 5 (17:44):
Know, it's not how much they're going to charge me,
it's how much I'm going to charge the attendees of
the art show that I'm operating.
Speaker 2 (17:50):
Oh oh okay, got it all right, And that's the lease,
well you better have you better.
Speaker 5 (17:56):
I've had a lease for ten years. Okay, that's never
been where.
Speaker 2 (17:59):
Okay, Well it's real simple. If there it is where
it says this is the price you're going to charge attendees,
thank you, that's in the lease, or it's going to
be mutually agreed upon, then there's no price. Then it
really means there's no lease. It doesn't exist because you
haven't come to terms. A contract is a contract where
(18:22):
both sides engage in the contract, both sides agree. That's
what that's what contracts are. By definition, this is what
God invented when he created contracts. Both sides have to agree.
So I suggest you agree to whatever terms you want.
Speaker 3 (18:38):
And if they want you, you're going to get your
terms better than theirs. And if you want them more
than they want you, then you're probably gonna have to cave.
Speaker 5 (18:46):
And so you know, price, is it even in the
proposed lease that I'm signing, we currently have a lease
with them, we're renewing, and there's no mention of the
prices we charge.
Speaker 2 (18:57):
Well, if it's there isn't, then then really that there's
no prisis whatever you guys want, that's it.
Speaker 3 (19:03):
Okay, if we.
Speaker 2 (19:04):
Have an agreement, I can rent your place for my
art gallery or my art event, and I don't know
when I'm going to charge, and you don't know what
you're going to charge, But let's just go forward anyway
and we'll agree to it. What happens if you don't agree,
let me ask you this. You're moving forward, do you
have a date, you don't know what you're going to charge,
How do you do that? Or do you just charge
(19:25):
and what if the landlord says no, no, you can't
have it. But I have an agree. I have a
statement that says we're going to agree. I don't agree.
I mean you have to put in writing, Scott, you
got to put everything in writing. So mutually agreed upon
makes the contract work. Because mutually agree upon means nothing
unless you mutually agree. So what you're doing is you
have a contract that until you mutually agree, doesn't mean
(19:48):
very much. How many pages is it?
Speaker 3 (19:50):
Okay? Ten pages?
Speaker 2 (19:51):
Well, here's land I suggest is you cut it into
four squares that document okay, and then you take it
with you in the bathroom just in case you run
out of toilet tissue. That will work as unfaulved. Okay,
all right, uh Mark, Hello Mark, welcome.
Speaker 8 (20:09):
Yeah, h Bill, I'm thinking about selling some property and
I've been working with a friend who's a real estate
person and we're just trying to do some back sheltering
strategies and.
Speaker 9 (20:19):
Things like that to limit capital gains.
Speaker 8 (20:22):
Anyways, he had mentioned that he has a semi retired
friend who's a like a tax attorney and he does
real estate especially. He's like, hey, let's all get together
and you have a conversation, and I said, okay, that
sounds good.
Speaker 5 (20:34):
You know.
Speaker 8 (20:35):
So there was no agreement, you know, there was no
like you didn't say, oh, by the way, he charges
X amount of dollars per hour or anything. So we
all sat down, and to be honest, the really wasn't
that productive. I mean, most of the things we discussed
were things that I was aware of already. And then
at the end, my real estate friend had another meeting,
had to leave the office. And then so this real
(20:56):
estate you're not real estate, but the attorney fellow was
hanging out for a little while. You want to chet
and talk, and so then we're about ready to leave.
He goes, well, let's just call it an hour. So
how about you know, like six hundred dollars. And I
was kind of like huh. So I said, well, I
didn't have that discussion with with my friend. I mean, so,
(21:17):
am I going to get a bill like oh.
Speaker 2 (21:19):
This guy or I mean no, The answer is yeah,
you're going to get a bill. And the answer that
you have is no, you don't know the guy. I mean,
I can send you a bill. You and I are
having a conversation right now, and I can say it's
a one hour minimum.
Speaker 3 (21:34):
I've done that. Well, I could do that, and so yeah,
i'm your lawyer for that hour. You go, No, you're not.
I didn't agree to that. You know, we're just getting
This was a social This was a social event that
my friend came through. Yeah, so the answer is no,
So what is he gonna do. He's gonna sue you
for six hundred dollars? Good luck, he's got to go.
(21:54):
He's got to know. You're fine. You're fine, nothing is
going to happen. What do you What do you do
for a being?
Speaker 8 (22:00):
By the way, well, I'm pretty much semi retired.
Speaker 3 (22:02):
Okay, but what did you do? What did you do
for a living? You'll see where I'm going. Actually, what
did you do for a living?
Speaker 7 (22:07):
Okay?
Speaker 8 (22:08):
I worked to a pharmaceutical company.
Speaker 3 (22:10):
For po Okay, all right, so here's what I would argue.
Speaker 2 (22:14):
Did you mention at all that you work for pharmaceutical
company during the course of the conversation.
Speaker 3 (22:18):
No, Well, you know, here's what I would do.
Speaker 2 (22:21):
Okay, he sent you a bill for six hundred dollars,
I would turn around and send him a bill for
six hundred dollars because he was asking you questions. And
then you go, why don't we call it even Huh?
You don't get six hundred and I don't get six hundred.
There's no way he's going to prepail on this. You're fine, Mark,
don't worry about it, all right.
Speaker 3 (22:39):
So let's talk.
Speaker 2 (22:40):
About when you really do need a lawyer, and you
are going to a lawyer, and it's for real, in
a personal injury situation, for example, the good news here
is you're not paying money upfront at all. And I'm
talking about you being injured in a car accident or
a slip and fall, or you go to a big
box store and a big box falls on your head.
(23:00):
You've got a personal injury case, especially if it's not
your fault and you've been injured. And the more serious
injury is, of course, the.
Speaker 3 (23:07):
More money you're going to get.
Speaker 2 (23:08):
And it's only about money, by the way, there's nothing
else you can do except get money. So do you
want to max it? I would think so, And this
is where you need a personal injury lawyer. Now you
may get in a conversation with the insurance company from
the other side, but these guys make a living it
not paying you your way out of your wheelhouse. So
I strongly suggest as a matter of fact, when I've
gotten in a car accident, I've been injured, I hire
(23:30):
a personal injury lawyer because that's not my wheelhouse. So
visit handleothlaw dot com. You won't pay upfront. They take
a percentage of what you get, and boy are they good.
Handle on the Law dot com. Call eight eight eight
eight eight eight eight sixty six eight. That's eight eight
eight eight eight eight eight sixty six eight. Handle on
the Law dot com. And this is Handle on the Law.
Speaker 6 (23:54):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (24:02):
We still have lines open, so you still have a
chance to ask the magical questions that I can answer.
And the phone number is eight hundred five two zero
one five three four and you can call in right
about now eight hundred five two zero one five three
four and welcome back. This is Handle on the Law
(24:25):
Marginal legal advice where I tell you have absolutely no case.
Also keep in mind that when you have absolutely no case,
that's the joy in my life. Whenever I say, yeah,
you've got a case, I find that very depressing because
I love your misery. There is no question I get
depressed when I'm not depressed. It's yeah, have whole thing
(24:48):
about that. Eight hundred five two zero one five three four.
All right, welcome back. More handle on the law of Scott.
Speaker 3 (24:57):
It's your turn. What can I do for you? Scott?
You knew and Bill, Yes, sir.
Speaker 9 (25:02):
I had a motion hearing on July fifteenth against my
siblings and matters of a trust. And as they call
row call, then they said there's some tentative rulings. They
handed me the paperwork because I represent myself, and it'said
tentative ruling dismissed. And the look on their face was
they were shocked. And then we both got to speak
(25:22):
and I was happy with the dismissal. Of course, my
siblings and their attorney were not. They said a few things.
The judge looked at them and said, okay, I'll take
this under suminission. And it's been now two almost two
and a half weeks and haven't heard anything. So I
called the court yesterday and they said the judge when
she decides, she'll decide, then she'll email you. So how
(25:42):
long can they take to do that?
Speaker 2 (25:44):
Twenty five years? Yeah, well you are pretty much there.
I mean, they're right. When the judge decides, The judge decides. Now,
is there a point where you're beyond the judges, beyond
the I'm when he or she should decide? Yeah, but
I don't know where that is, Scott. And there are
(26:07):
decisions that come down months later because the judge determines
how much time he or she wants to take. And
when you talk about emotion, how complicated was the motion
the argument?
Speaker 3 (26:21):
Well, tell me about the case. Tell me about what's
going on with the case.
Speaker 9 (26:24):
Three years of battling them against my mom's rights with
their healthcare directive?
Speaker 3 (26:29):
Okay?
Speaker 9 (26:29):
Attorney fees on there? And I represented myself so they're
asuing me or they brought me to court to collect
attorneys fees okay?
Speaker 3 (26:36):
And was that a small claims court or was that
superior court?
Speaker 9 (26:39):
No probate?
Speaker 3 (26:40):
Oh, it was the probate court. And did they bring
an attorney in there?
Speaker 9 (26:43):
They've had a horrible attorney call it.
Speaker 3 (26:46):
Okay, God, they've.
Speaker 9 (26:47):
Had an attorney for these three years, a couple hundred
thousand dollars.
Speaker 3 (26:51):
Wow. And you have a tentative ruling in your favor,
is that right?
Speaker 8 (26:56):
Yes?
Speaker 2 (26:57):
Well, first of all, you're in very good shape at
this point. Because very rarely does a judge issue a
tentative and then turn around and go the other way
unless new information is brought at that hearing, where it
just changes everything around. So the good news is you're
in pretty good shape. The bad news is you have
(27:17):
a judge that takes her time. If you're only talking
two and a half weeks, yeah, I wouldn't even call
the court for another three weeks to find out where
things are.
Speaker 3 (27:28):
That's the problem.
Speaker 2 (27:30):
And judges just take forever sometimes and cases can go
on forever. So you should be okay, how much money
are they asking for?
Speaker 8 (27:38):
Two hundred thousand okay?
Speaker 2 (27:40):
And that's for how big was the two hundred thousand
dollars in attorney's fees? And how big is the probate? We're
talking about the amount.
Speaker 9 (27:49):
Of money the trust?
Speaker 3 (27:50):
Yeah five million?
Speaker 2 (27:52):
Okay, yeah, I can see that. And so right now
the trust is are you the trustee?
Speaker 9 (27:56):
No, we all got kicked out because of their Shenanigan.
Speaker 3 (27:59):
Okay, is shary okay? And the court named the fiduciary correct.
Speaker 9 (28:04):
Yeah, they pointed acary.
Speaker 3 (28:05):
Okay.
Speaker 2 (28:06):
Yeah, I think you're in good shape. And the fiduciary,
I'm assuming, well they can't produce side.
Speaker 3 (28:11):
Oh, then you're fine. Yeah, then you're then you're fine.
Then you're fine.
Speaker 2 (28:15):
If fiduciary, of course, can't issue money, can't decide who
gets it, or can't issue the h the balance of
it or whatever in the principal until the court makes
a decision.
Speaker 3 (28:27):
But you know, just kick back, you know it'll be
a month. How long you've been waiting? How long have
you been waiting right now.
Speaker 9 (28:33):
At this point for the motion? Two and a half weeks?
Speaker 3 (28:36):
No, no, how long have you been waiting to get
the money?
Speaker 9 (28:38):
Oh? My month passed about seven weeks ago.
Speaker 3 (28:42):
So oh oh you're right. Oh god, this happened so quickly.
Speaker 2 (28:45):
Okay, two hundred thousand dollars in seven weeks, that's fantastic.
Speaker 9 (28:51):
Yeah, No, one, two hundred thousands. Over the past year.
We went to mediation and they got the trust to
pay everyone's attorney's fees and brought into zero mediation. They
racked up two hundred thousand.
Speaker 2 (29:05):
Oh yeah, that's crazy. That's yeah. I can see the
judge going, no, that's just way too much.
Speaker 3 (29:10):
Lawyers.
Speaker 9 (29:11):
I had a case about four hundred thousand total.
Speaker 3 (29:14):
Yeah, I mean, that's completely insane.
Speaker 2 (29:16):
I had a case in which I won, and the
case and the damages were virtually nothing, and the case
was only worth in the end, maybe thirty thousand dollars, okay,
and it was, and the judge pigged one little thing
against me, and I had to do with the timeline,
(29:37):
and it was like in nothing. The damages were absolutely nothing.
It was like four thousand dollars, which of course was incorporated,
so I didn't.
Speaker 3 (29:43):
Have to pay any of it.
Speaker 2 (29:44):
But the law says that their attorney's fees can be
requested by the prevailing party, prevailing party being the other
people that there was a four thousand dollars liability on
my side, which they didn't get four thousand dollars, but
attorney's fees could apply.
Speaker 3 (30:04):
The attorney turned in nine hundred thousand.
Speaker 2 (30:08):
Dollars worth of work and bills for a four thousand
dollars judgment. The judge looked at him and literally started laughing,
just laughing, and said, get out of my courthouse. And
I think the same thing is going to happen to you.
I think you're going to be fine. I wouldn't sweat it.
Let's just sit back. You've been waiting a while and
it'll take another few weeks, maybe another couple of months,
(30:30):
okay before we bail A little bit about.
Speaker 3 (30:33):
Your privacy online? What privacy online?
Speaker 2 (30:37):
It doesn't exist because everything about you is out there
and available online. I can find out your home address,
where you work, where you bank, what where you buy,
what you buy, court records, insurance company records, DMV information,
credit score, your social media. I mean I could do that,
(30:57):
and the bad guys go out there and do that too,
because not only is your information available, but there are
data brokers that collect that information and then sell it.
They'll sell it to anyone who wants to buy it,
and there you are a little vulnerable. You think, well,
in Cogni is a company that comes in and actually
fights back, defends you. And what they do is they
(31:18):
contact hundreds of these data brokers and legally demand that
your information be deleted, be scrubbed. That's in Cogny. And
I am a customer. Before every show, I log onto
my Incognita account and there they are hundreds of removal
requests have been completed, hundreds more are in progress and scheduled.
It changes because they're finding more all the time, and
(31:40):
the bad guys come aboard and start and in Cogni
shuts them down. So in Cogni get sixty percent off
when you use my name handle go to incogni I
ncog n I in Cogni dot com. Slash handle. In
Cogni dot com slash handle, this is handle on the law.
Speaker 1 (32:02):
You've been listening to the Bill Handle show. Catch my
show Monday through Friday, six am to nine am, and
anytime on demand on the iHeartRadio app
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