Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
This is handle on the Law marginal legal advice, where
I tell you you have absolutely no case. If you're
injured and need a lawyer, go to handle on the
law dot com. And if you're a lawyer and want
to join our team because people desperately need your help,
go to handle on the Law dot com and click
on the join today tab at the top of the page.
Speaker 2 (00:20):
The following is up be recorded program.
Speaker 1 (00:21):
If you have ever built in southern California or have
been involved in any way in construction, this may very
well be the hardest place, particularly Los Angeles.
Speaker 2 (00:32):
Well particularly Calabasas or along.
Speaker 1 (00:35):
The coast, the most difficult place to build housing in
the country because the permits.
Speaker 2 (00:42):
The zoning. It's insane.
Speaker 1 (00:45):
For example, we have a Coastal Commission, which was established
by a law, and the Coastal Commission has unbelievable power,
and it goes in five miles from the coast.
Speaker 2 (00:55):
The Coastal Commission.
Speaker 1 (00:56):
Five miles in has unbridled power or to say no,
you're not building, or no we're not going to let
you go that far, or no that we want a
further setback on the street, and it can take years.
You're going through the zoning process, the building and safety.
(01:18):
In many cases, the environmental laws have to be looked
at the wildlife. Are you getting involved in interfering with
natural habitat? It just goes on and on, and they
have enormous power. Well, and then you have the city
has enormous power, and you have the county has enormous power.
Speaker 2 (01:37):
Enormous power. It can take If you're a developer, it
can take years.
Speaker 1 (01:41):
Well in light of the fires, and of course the
rebuilding has to take place, and very quickly. The governor,
our Governor Newsom suspended environmental rules to ease the post
fire rebuilding just had to happen. Karen Bass, the mayor
of Los Angeles, said, we're going to get through this
process in thirty days.
Speaker 2 (02:04):
Usually you can't.
Speaker 1 (02:05):
Get the first phone call in thirty days when applying
for any kind of permit through the City of Los
Angeles and the Coastal Commission is going to take you
months just to get on the front door. Well, Newsom
is suspending all of that, which is kind of neat.
Now there won't be certain aspects of building that are
(02:26):
going to be suspended. Earthquake requirements, for example, the size
of foundations, the kind of walls you build, the kind
of the dry wall you put up, and the attaching
the house to foundations. I mean those all stay. But
the rest of it, Hey, knock your socks off. You're
(02:47):
going to be able to u as a developer, going
to be able to build, which is a terrific, terrific idea.
By the way, a twenty twenty three study found that
the average unit in a multi family property in the
city the city Los Angeles took five years to complete,
with a substantial portion of that related to the bureaucratic
(03:10):
approval and going through the city. For example, this is
just one example building in safety. It comes back, the
plans come back. No, we want to change this. No,
make a change for this. No we want the bolts
to be bigger here. No, we want the retaining wall
to be much stronger. And the changes are made, and
(03:30):
then they come back and go, no, that's not strong enough,
and it's like a pingpung ball going back and forth.
So the good news is the governor is suspending the
environmental rules, statewide environmental rules, and we're going to see
the city and the counties do exactly the same thing.
Speaker 2 (03:48):
All right, Julie Hi Julie, welcome, Thank you Bill.
Speaker 3 (03:52):
Hi.
Speaker 4 (03:53):
I'm calling because I've had an uphill battle with this
cruise company that I booked a cruise with Christmas friends
and I went to the the Persian Golf area, and
of course there was the war going on, and they
canceled four ports that had nothing to do with the
Hamas situation. And I said to them, could I take
(04:16):
the cruise at a different time. I don't really want
to go right now when you canceled four ports and
they canceled the ports after I paid in full, Okay.
Speaker 1 (04:26):
So I know.
Speaker 5 (04:28):
Let me ask you it was the cruise.
Speaker 2 (04:29):
Did the cruise last as long as it was advertised for?
Speaker 6 (04:34):
Yes?
Speaker 2 (04:34):
Okay. So now here's the problem.
Speaker 1 (04:38):
You get to read your contract and when you say
it has nothing to do with Hamas, You've made the
decision for the cruise company.
Speaker 2 (04:49):
I'll decide for you what.
Speaker 1 (04:51):
Is where a dangerous port is or not not you,
I'll I, Julie will make that decision.
Speaker 4 (04:59):
But there was no State department warning.
Speaker 1 (05:01):
It doesn't it doesn't matter. We need a state department warning.
Speaker 3 (05:06):
What.
Speaker 2 (05:06):
Let me ask you this, what cruise line are you
talking about?
Speaker 1 (05:10):
Oh, Sanna's not that's not even an American cruise line.
Speaker 2 (05:14):
I don't think.
Speaker 3 (05:16):
So.
Speaker 2 (05:16):
Whatever the State Department says.
Speaker 1 (05:18):
What are they gonna do, Everyone's gonna pay attention to
the State Department. You do, so you got no place
to go. And because here's what happened. There were cruises
that were canceled because the war broke out, and uh,
Egypt had nothing to do with that war when it
(05:39):
first came out. Nothing they canceled. They just canceled everything.
Why you have nothing to do with it? Because of
the possibility, Julie, you got.
Speaker 2 (05:52):
No place to go. Where did you go in?
Speaker 4 (05:54):
They're not even covering it. No, they're not.
Speaker 2 (05:57):
They're not because you went you went on a two
week tour.
Speaker 1 (06:00):
Read your insurance policy is to say, if you don't
go to a port, if the captain or the cruise
line decides to miss that port and go to another port, Uh,
you get your money.
Speaker 4 (06:13):
They just cruise, They just they just well I asked not.
I didn't ask for my money back. I asked for
a time when I could go.
Speaker 2 (06:20):
Understand, I understand what you have to read, but you
have to read the contract.
Speaker 7 (06:24):
But the bottom line is, you can they just take
my money?
Speaker 4 (06:28):
Why can Why Can they just take my money.
Speaker 1 (06:30):
Because they can because you read a contract and they
said you have to go by this time and it's
non refundable if it's ninety days before or sixty days
before you pay, and they provided to the cruise for you.
That's the problem. I know you're really upset.
Speaker 2 (06:45):
I would be too. But they're allowed to do that.
Speaker 1 (06:49):
And they say, we are not interested because this can
be dangerous. So we're just more conservative than you would be. Arlene, Hi, Arlene, welcome.
Speaker 8 (07:04):
Hi.
Speaker 9 (07:06):
So my mom has a house that she rents out
to a couple with two emotional support dogs. She and
my sister once went to the house to check on
something one of the dogs. My sister, so now we're
concerned about knowing that the dog could be aggressive if
he were to bite somebody else. Is my mom liable?
Speaker 2 (07:27):
No, I don't think so. I don't think so. A
couple of reasons. First of all, they're the ones that
have a dog, not your mom.
Speaker 1 (07:37):
Second of all, emotional support dogs don't cut it anymore.
Speaker 2 (07:42):
They just don't. Well yeah, yeah, anybody can say.
Speaker 1 (07:47):
Is you have a clause right you rent and part
of the rental agreement no pets, and you come in
with an emotional support pig.
Speaker 2 (07:56):
Or people have come in with emotional.
Speaker 1 (07:58):
Support peacocks, got them on airplanes or try to. And
the general rule now is emotional support. No, it has
to be a service animal, which is a whole lot animal.
Speaker 2 (08:15):
I mean a service animal. Yeah, is six hundred hours
of training.
Speaker 9 (08:18):
Animal would not have done it a service animal?
Speaker 2 (08:21):
No, of course not, of course not. I don't think
your mom is Bible. I really don't. Just by being
an owner.
Speaker 1 (08:26):
If someone brings in a dog and it bites someone,
the owner of the property is not responsible. Matter of fact,
you got to she has to kick the whoever it
is out. Is what should happen? Because does she have
a lease that says no animals?
Speaker 9 (08:43):
She does, You've.
Speaker 2 (08:46):
The breach, that's all. You throw them out? David, Hello, David,
you're up. Welcome.
Speaker 7 (08:52):
Hi.
Speaker 8 (08:53):
Hi.
Speaker 10 (08:53):
What do you do when the bank that has a
safety deposit box with your will on moving trust in
burns down?
Speaker 2 (09:00):
Okay? Is this you or this hypothetical?
Speaker 5 (09:05):
It's me, but it's me.
Speaker 2 (09:07):
Okay.
Speaker 1 (09:07):
So now just a couple of questions before I give
you the easiest answer in the world. Is that the
only copy of the trust and will you had.
Speaker 5 (09:18):
I have terms of xerox copies.
Speaker 2 (09:20):
That's fine. Those work, Yeah, those will work.
Speaker 1 (09:23):
Okay, And what you can do is renotorize the trust
and probably just have get a wet.
Speaker 2 (09:31):
Signature from the same witnesses.
Speaker 1 (09:33):
Now, how about just rewriting them so they become original again.
You're still alive. But David, you're still alive. You can
change it in two seconds. You can change it every
week if you want so, just go to the attorney
and we write the damn thing.
Speaker 2 (09:54):
That's all. It's easy, pasy.
Speaker 3 (09:55):
You know.
Speaker 2 (09:56):
You can always change it unless it's.
Speaker 1 (09:57):
An irre irrevocable trust, which basically no one uses no
one has. Uh yeah, uh Tim, Hi Tim, welcome Hi Bill.
Speaker 6 (10:10):
Is it illegal for my tree to block the sun
to the neighbor solar panel? And Tim Callum carrying US
president best major candidate K A L E M K
A R I A N.
Speaker 2 (10:26):
Okay, First of all, it is it is? Is it illegal?
It is not illegal. Everybody says, can you do it?
Speaker 1 (10:34):
I know, but there's a big difference between illegality and
stopping someone or forcing someone to do it, or upholding
the ccn RS.
Speaker 2 (10:43):
So no, it is not illegal to do it. I mean,
you're not gonna be arrested.
Speaker 1 (10:49):
However, your neighbor who has those sun solar panels will
sue you and say, hey, your panels are are or
your tree is getting in the way of my panels. Now,
if your tree is already above the level of where
the sun would come down on the solar panels, you
(11:09):
can argue, hey, you came in afterwards, but who's nuts
enough to put solar panels in when the trees in
front are blocking it? So it's going to be a lawsuit.
It's going to be a motion, and a judge will
order you to cut your trees down. And then the
next question, and then the next question is I don't
spell very well, very well, so and I'm not I
(11:29):
don't write this stuff down because I'm too lazy. So
a presidential candidate go through that again. What was your question?
Speaker 6 (11:37):
Tim Callum Carrion, US President.
Speaker 1 (11:41):
Tim Callum Carrion, US President. I don't know what that means.
I thought Donald Trump is the US president.
Speaker 2 (11:48):
What am I missing?
Speaker 1 (11:53):
You're pitching Oh, I get it. You're pitching someone that
no one has ever heard of. Many you want someone
who that should be president according to you, And three
other people?
Speaker 2 (12:06):
Do I have that right?
Speaker 3 (12:08):
I'm the one?
Speaker 2 (12:09):
How about this? What if I run for president?
Speaker 1 (12:11):
I say, I'm the best one, and I am a
radio station and I talked to.
Speaker 2 (12:15):
Millions of people.
Speaker 1 (12:17):
So Tim, and by the way, I still don't know
how to spell your name because I don't care. All right, God,
I love that I'm running for president. Here's how to
spell my name? How Tony, Hi, Tony welcome?
Speaker 8 (12:40):
Hey, Bill.
Speaker 10 (12:41):
So, I about a nineteen ninety four crime bill question
for you. In nineteen ninety five, I was convicted. The
state statue says that it goes up to one hundred
grams of math. I had over one hundred grams. Can
I be convicted under that statue?
Speaker 3 (13:00):
What do you mean?
Speaker 2 (13:00):
Can you be convicted? Are they charging you again? No?
Speaker 10 (13:04):
No, I'm trying to get my gun rights back.
Speaker 2 (13:06):
Are you already got convicted? You already? You already have
a conviction on the books, right, yeah? Okay?
Speaker 1 (13:11):
And the one hundred and twelve thousand dollars? What restitution
was it?
Speaker 2 (13:16):
A fine? Was one hundred and twelve thousand.
Speaker 10 (13:19):
The state statute that they convicted me under, right, says
that they can do that up to one hundred grams.
Speaker 2 (13:27):
Okay, I got that. I understand, and now.
Speaker 10 (13:30):
It had I had one hundred and twelve.
Speaker 2 (13:32):
Okay by the state.
Speaker 1 (13:34):
Okay, when was the statute passed after or before you
were convicted and fined one hundred and twelve thousand dollars?
Speaker 10 (13:43):
Well, I wasn't fined anything.
Speaker 8 (13:45):
What was that?
Speaker 2 (13:45):
What was one hundred and twelve thousand dollars? What was
that restitution?
Speaker 10 (13:49):
One hundred and twelve grams?
Speaker 2 (13:50):
Oh, I'm sorry, my mistake, my mistake, one hundred and twelve.
I got it. Okay, here's the deal.
Speaker 1 (13:56):
More than they can I understand that they can lower
the amount of the amount of meth you have in
order to have a conviction. In other words, let's say
now it's fifty grams, then it was one hundred grams.
Guess what if you are convicted before for one hundred grams,
(14:20):
you got nailed. This is why President Biden issued twenty
five hundred.
Speaker 2 (14:25):
Pardons for exactly this kind of crime.
Speaker 1 (14:30):
So, no, if you were convicted before the law is passed,
you got nailed on the old law.
Speaker 2 (14:35):
You're done.
Speaker 1 (14:37):
You know there were people in Texas twenty years ago
that got jail time for a joint one joint and
they went to prison and they're still in prison unless their.
Speaker 2 (14:49):
Pardon or make a motion. So yeah, you're kind of idle.
Speaker 1 (14:55):
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Speaker 2 (16:11):
Hey Bill, welcome to handle on the law.
Speaker 3 (16:14):
Good morning Bill. Yeah, my son was in a relationship
with a girl and they rented a house two years ago.
The house was bad living conditions. They ended up suing
the landlord. They received a settlement this week. The lawyers
sent out an email and they had to do a
docu sign to accept the money. My son never even
(16:37):
saw the document and his girlfriend ended up creating an
email address that looked very similar.
Speaker 2 (16:46):
Okay, god, it is all right. Did she get all
the money?
Speaker 3 (16:50):
She's got all the money?
Speaker 1 (16:51):
Okay, Well, he sues her.
Speaker 3 (16:57):
Simple can we do right? Can we do an r
THO in court to keep her from spending that money
until get her in court to.
Speaker 2 (17:04):
Say yeah, yeah, you can do it. An emergency order.
Speaker 1 (17:07):
You can do a one and just walk into court
and hopefully it's like a restraining order. Right, It's like
a abuse restraining order where the judge will grant a
temporary order.
Speaker 2 (17:19):
Stopping it right now, pending a hearing.
Speaker 1 (17:23):
Because exactly for a purpose like this, by the time
a hearing comes up in two weeks, three weeks, where
both sides are given a chance to argue their case,
the money could already be spent. Yeah, you can also
try because what she did is commit a forgery, a
criminal act.
Speaker 2 (17:39):
You can go to the DA, but do they really care?
Speaker 1 (17:42):
Not?
Speaker 2 (17:42):
Not much?
Speaker 1 (17:43):
How much money did she take that your son should
have had?
Speaker 3 (17:47):
Well, the settlement was fifteen thousand, okay.
Speaker 1 (17:50):
So she took so she took the extra seventy five
hundred dollars. So there's your lawsuit a small claims court.
But at the same time, you go for the restraining order.
Speaker 2 (18:00):
A temporary or that's what you do, you know, okay? Yeah?
Or does she have a dog?
Speaker 3 (18:07):
Does she have a dog?
Speaker 2 (18:08):
Yeah? Does? Okay?
Speaker 1 (18:10):
Well, okay, she has a dog. Now let's go in
that direction. It may not actually be legal. Does the
dog like meat?
Speaker 3 (18:21):
The dog likes meat?
Speaker 2 (18:22):
See where I'm going with this?
Speaker 1 (18:25):
No, I don't Okay, dog gone, the girlfriend has said
next dog also gone until you pay up. Now, that
is not legal advice, and I don't know if I
would follow it. But I would get so pissed off,
I would do whatever I could.
Speaker 3 (18:43):
Is that along the lines of having Luigi.
Speaker 2 (18:45):
Knock on the Yeah, pretty much?
Speaker 1 (18:47):
Yeah, yep, yep, it's it's a Luigi answer, you bet. Now,
just a quick word about these Luigi answers. I basically
joke about two different kinds of ways of going after someone,
and that is difficult to go legally. One, you kill
your dog, and the more they love the dog, the
better off You're stronger your position.
Speaker 2 (19:09):
That's one.
Speaker 1 (19:10):
And during the course of divorces when I and typically
it's a male who calls me, the spouse says, my
wife is doing this, this and this, and it's so unfair,
and it is you know, what do I do?
Speaker 2 (19:20):
Bill is going to take forever. I don't have money
for the attorney. I could kill your wife. It's just easier,
you know, do your four years.
Speaker 1 (19:27):
And the way to do it is you get a
friend of yours and you have a friend'sroducer and the
two of them are in bed, and you break in
and you have a gun and you shoot her and
you'll do four years. Maybe you know, because it's a
crime of passion. In other words, you reacted and you
really didn't know what you were doing.
Speaker 2 (19:45):
It does out of argument work sometimes.
Speaker 1 (19:47):
Okay, So now those are your two choices, the dog
or killing of the spouse. I get emails, and the
dog emails are a ten to one versus the spouse emails.
Speaker 2 (20:06):
What does that tell you? It's the way it works.
You bet all right? Paul, Hello, Paul.
Speaker 5 (20:13):
Welcome, Thank you, Bill Sure nineteen eighty six, I was
convicted of burglary ninety six. I got an expungement granted.
Four years ago. I filed for a governor's pardon, and
last I was told a year and a half ago.
It's sitting on the governor's desk. How long do I wait?
Speaker 2 (20:36):
As long as the governor wants.
Speaker 5 (20:40):
Okay.
Speaker 1 (20:41):
The governor has full complete pardon power, and there is
no time limit. The only thing that the governor has
to be is the governor, and after that can issue
a pardon. And sometimes last day President Biden twenty five
hundred dollars, twenty five hundred pardons, last day.
Speaker 2 (21:02):
Every president goes last day stuff.
Speaker 1 (21:05):
And you hopefully and the more you're either connected or
the more, the better you can make your case. Now
here's what happens. It's not it just goes to the governor.
There is a governor's committee, a pardon committee, made up
of people usually in the Department of Justice. First they
recommend you submit to them. They recommend, and it's just
(21:27):
on the governor's desk.
Speaker 2 (21:29):
So that matter. By the way, were you in prison
for any length of time.
Speaker 5 (21:34):
Of county jail?
Speaker 6 (21:35):
Only?
Speaker 2 (21:36):
For how long?
Speaker 5 (21:38):
Three months?
Speaker 1 (21:39):
Three months in county jail? Now this is a personal
question that I don't know if I would answer, But
is that when you became gay.
Speaker 5 (21:49):
Might have been all right, Yeah, that's good.
Speaker 2 (21:53):
I know that answer is the question.
Speaker 1 (21:55):
Oh right, Mike, Hello, Mike, welcome.
Speaker 8 (22:00):
Oh hi, Yeah, I have a property up in Santa
Rosa and the homeowners Association just jumped by four hundred bucks.
So I called that's.
Speaker 2 (22:12):
Per month, right, yes, okay?
Speaker 1 (22:16):
How much was it before the four hundred dollars?
Speaker 2 (22:20):
Okay?
Speaker 1 (22:20):
So they raised it from three hundred to seven hundred yes,
whoa all right?
Speaker 8 (22:27):
And they say it's because of the the fire situation
up Okay, Well, I guess you could say that. But
where she lives is.
Speaker 2 (22:37):
All right, okay, So what's your question, Mike.
Speaker 8 (22:40):
Well, so she goes, well, hell, I'll sell the place, right,
well she found out it's off. It's off its foundation
a cancer. So okay, So who does she go to?
Speaker 2 (22:55):
Nobody?
Speaker 1 (22:55):
Because nobody h o A particularly under these circumstances, is able,
certainly legally, unless the CNRS say differently, they can assess
the homeowners any amount of money. I got an assessment
on my home that just knocked me for a loop
(23:16):
and it was completely crazy. We had a street that
went on, there was an issue as to the security people,
and my assessment was twenty nine thousand dollars. Now they
let me pay it over three years, but can you
imagine getting that perfectly legal? By the way, there's no
place to go to. Who does she go maybe the builder?
How old is the unit? How old is the community?
Speaker 8 (23:37):
About eighteen?
Speaker 1 (23:39):
Yeah, you see, they got a ten year and which
is automatic. You can sue a developer within ten years
of construction. Now you're past that, and it's hard to
argue defective building because it was round.
Speaker 2 (23:51):
For eighteen years. Yeah, there's no place for her to go.
Speaker 8 (23:55):
There really isn't.
Speaker 1 (23:56):
So yeah, yeah, that's the way it works. She's out
of luck. I mean my homeowner association. That's one of
the reasons I sold my house. Not only downsizing the
HOA was completely insane, but it was a small group
of homes and they wanted twenty four hour guards with
(24:21):
a guard gate. I mean, do you have any idea
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Speaker 2 (25:16):
Michael. Hello, Michael, you're.
Speaker 7 (25:18):
Up, good morning. I got a question. Make it quick,
sweet and short. Okay, my brother has done thirty years
in prison. He's gonna be getting out in September. Now
it's gonna be sixty two.
Speaker 8 (25:33):
Okay.
Speaker 7 (25:33):
The question is he able to file for social Security,
because that's gonna be his own ind.
Speaker 2 (25:39):
Yeah, that's a good question. First of all.
Speaker 1 (25:42):
Of course, as soon as you said thirty years in prison,
my first question is what did he do to get
thirty years in prison?
Speaker 7 (25:53):
Drugs?
Speaker 5 (25:54):
DUI?
Speaker 7 (25:55):
Manslaughter? Yeah, they just they threw the book out of him.
Speaker 2 (25:58):
Wow, do you I?
Speaker 1 (26:00):
And he was charged with manslaughter? I guess vehicular manslaughter?
Speaker 2 (26:04):
Whoa? And he did thirty years? How many people did
he kill?
Speaker 5 (26:09):
Two that I know of?
Speaker 7 (26:10):
But this is thirty years ago, so you know, back
in the day the laws were a little bit tougher.
Speaker 2 (26:16):
No, actually, back in the day, the laws were not tougher.
The laws were more.
Speaker 1 (26:20):
Lenient back in the day. Back in the day, it
was almost a slap on the wrist. No, maybe not
when people died.
Speaker 2 (26:26):
But whoa?
Speaker 1 (26:27):
All right, So can he apply for social security? State
prison or federal prison?
Speaker 7 (26:33):
I'm assuming sae Yeah.
Speaker 1 (26:38):
Uh, okay, that's state prison, correct, Yes, it is? Okay,
all right, I'm a little bit confused as to state prison,
whether he can apply federal prison. You can even if
you are on Social Security in federal prison, you don't
(26:58):
get Social Security while you're in prison.
Speaker 2 (27:01):
Now, state prison.
Speaker 7 (27:02):
Is gonna be he's gonna be sixty two.
Speaker 2 (27:05):
No, I got that. I got that.
Speaker 1 (27:07):
But here and here is the question I have though.
If he is in prison for thirty years, he is
not working, or if he is working, he gets forty
cents an hour or whatever. So paying into yeah, paying
into the Social security system. If you're putting in three
hundred dollars a year, you're not building up much of
(27:28):
a security benefit. You're not building up much of that
fund for yourself. So even if he were to get it,
it would be minuscule.
Speaker 2 (27:38):
So, yeah, I think he's out of lot.
Speaker 7 (27:40):
Believe that.
Speaker 1 (27:41):
Yeah, he's gonna have to get a job of some
kind and go to I don't know, you know, go
to a fast food establishment or a job where they
don't care or they're willing to accept a felon that
has done thirty years.
Speaker 7 (27:57):
Yeah, go go put burgers for early Yeah.
Speaker 1 (27:59):
Maybe maybe, but he'll but at least you'll get burgers
to eat.
Speaker 2 (28:03):
Yeah, he's in a tough position. It is not easy.
That's an interesting question.
Speaker 1 (28:08):
That is boy that's tough because even if you can
get Social Security, remember you have to pay into this,
the soci security system. And if you've never put in
money in Social Security system, how can you get paid?
Speaker 2 (28:20):
All right? Tom? Hello, Tom, welcome.
Speaker 1 (28:23):
Good morning.
Speaker 4 (28:24):
That's an easy one for you.
Speaker 6 (28:26):
Okay.
Speaker 5 (28:27):
As an executive of a trust, shouldn't.
Speaker 1 (28:29):
No, you're either a trustee. You're either a trustee of
a trust or an executor of the will. So whatever,
So let's call it. You're a trustee, okay, of a trust.
Speaker 7 (28:37):
All right, I'm a trust I'm a trustee.
Speaker 5 (28:39):
Shouldn't I have a copy prior to any event?
Speaker 1 (28:42):
Of course, you should have a copy prior to whoever
wrote the trust dies.
Speaker 2 (28:46):
That's for a that's a good reason.
Speaker 1 (28:48):
And of course you should have a copy as the trustee,
because otherwise, how.
Speaker 2 (28:52):
Do you know? How do you know who's going to
distribute the trust? Who has a copy?
Speaker 1 (28:57):
I mean, if you don't have one, who's got one?
Speaker 10 (29:00):
My parent? My father?
Speaker 2 (29:02):
Okay, your father is your father? Is the trust store? Right,
he's the one that made the trust?
Speaker 10 (29:08):
Correct?
Speaker 2 (29:09):
Okay?
Speaker 10 (29:10):
Uh?
Speaker 1 (29:11):
Yeah, I mean he should give you a copy, but
he doesn't have to. So as long as someone can
hunt up the.
Speaker 2 (29:16):
Copy of the trust. Uh.
Speaker 1 (29:19):
Then you Yeah, then you have the copy. If no
one can find the trust, uh, then there really is
no trust. Then it sort of disappears and you go
back to the rules of intestacy because you have to
know what's in the trust. You can't just say, here's
a trust, but we don't know what's in it, so
(29:41):
you have to distribute it as a trustee. So, yeah,
there has to be a you should have a copy. Now,
it could be that you don't have a copy until
he dies and then you are given a copy. That
is possible, okay, And if he has made provisions. For example,
I've got a copy in a safe deposit box.
Speaker 2 (30:03):
Here's the key, Then that works.
Speaker 1 (30:06):
Let me tell you, I got a scam coming in.
I put my phone in, put it on a silent
usually answer these scams. Okay, but that's the answer. So
and also, if you're a trust door, which I am,
because I have a family trust, I have six copies
of the trust. The lawyer has one, the trustee has one,
(30:28):
I've given one to friends, I have one in safe
deposit box. I mean, there's no way that trust isn't
going to be around.
Speaker 2 (30:34):
Okay.
Speaker 1 (30:35):
Let me ask you a question. You wake up in
the morning and you look in the mirror, and before
brushing your teeth, you can actually see your breath. It's
pretty disgusting. So let me suggest brushing your teeth, of course,
and but that goes away very quickly, that.
Speaker 2 (30:50):
Fresh, clean taste and your breath smelling pretty good.
Speaker 1 (30:54):
Let me tell you a better way, and that is
with Zelman's Minty Mouth mints. Boy, it is that take
care of your bad breath. And I've known these people
who do Zelmans for over thirty years. That really works.
It's far stronger than any other mint. It works better
than the other min not only in your mouth but
in your gut where bad breath could start. Now, if
(31:15):
you order three packs or more until February twenty eighth,
you get a free Oh no, you get an automatic
fifteen percent off. Just go to Zelmans dot com and
you'll get fifteen percent off your order. If you order
three packs or more, go to Zelmans dot com Z E.
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handle on the law
This is handle on the Law marginal legal advice, where
I tell you you have absolutely no case. If you're
injured and need a lawyer, go to handle on the
law dot com. And if you're a lawyer and want
to join our team because people desperately need your help,
go to handle on the Law dot com and click
on the join today tab at the top of the page.
Speaker 2 (00:20):
The following is up be recorded program.
Speaker 1 (00:21):
If you have ever built in southern California or have
been involved in any way in construction, this may very
well be the hardest place, particularly Los Angeles.
Speaker 2 (00:32):
Well particularly Calabasas or along.
Speaker 1 (00:35):
The coast, the most difficult place to build housing in
the country because the permits.
Speaker 2 (00:42):
The zoning. It's insane.
Speaker 1 (00:45):
For example, we have a Coastal Commission, which was established
by a law, and the Coastal Commission has unbelievable power,
and it goes in five miles from the coast.
Speaker 2 (00:55):
The Coastal Commission.
Speaker 1 (00:56):
Five miles in has unbridled power or to say no,
you're not building, or no we're not going to let
you go that far, or no that we want a
further setback on the street, and it can take years.
You're going through the zoning process, the building and safety.
(01:18):
In many cases, the environmental laws have to be looked
at the wildlife. Are you getting involved in interfering with
natural habitat? It just goes on and on, and they
have enormous power. Well, and then you have the city
has enormous power, and you have the county has enormous power.
Speaker 2 (01:37):
Enormous power. It can take If you're a developer, it
can take years.
Speaker 1 (01:41):
Well in light of the fires, and of course the
rebuilding has to take place, and very quickly. The governor,
our Governor Newsom suspended environmental rules to ease the post
fire rebuilding just had to happen. Karen Bass, the mayor
of Los Angeles, said, we're going to get through this
process in thirty days.
Speaker 2 (02:04):
Usually you can't.
Speaker 1 (02:05):
Get the first phone call in thirty days when applying
for any kind of permit through the City of Los
Angeles and the Coastal Commission is going to take you
months just to get on the front door. Well, Newsom
is suspending all of that, which is kind of neat.
Now there won't be certain aspects of building that are
(02:26):
going to be suspended. Earthquake requirements, for example, the size
of foundations, the kind of walls you build, the kind
of the dry wall you put up, and the attaching
the house to foundations. I mean those all stay. But
the rest of it, Hey, knock your socks off. You're
(02:47):
going to be able to u as a developer, going
to be able to build, which is a terrific, terrific idea.
By the way, a twenty twenty three study found that
the average unit in a multi family property in the
city the city Los Angeles took five years to complete,
with a substantial portion of that related to the bureaucratic
(03:10):
approval and going through the city. For example, this is
just one example building in safety. It comes back, the
plans come back. No, we want to change this. No,
make a change for this. No we want the bolts
to be bigger here. No, we want the retaining wall
to be much stronger. And the changes are made, and
(03:30):
then they come back and go, no, that's not strong enough,
and it's like a pingpung ball going back and forth.
So the good news is the governor is suspending the
environmental rules, statewide environmental rules, and we're going to see
the city and the counties do exactly the same thing.
Speaker 2 (03:48):
All right, Julie Hi Julie, welcome, Thank you Bill.
Speaker 3 (03:52):
Hi.
Speaker 4 (03:53):
I'm calling because I've had an uphill battle with this
cruise company that I booked a cruise with Christmas friends
and I went to the the Persian Golf area, and
of course there was the war going on, and they
canceled four ports that had nothing to do with the
Hamas situation. And I said to them, could I take
(04:16):
the cruise at a different time. I don't really want
to go right now when you canceled four ports and
they canceled the ports after I paid in full, Okay.
Speaker 1 (04:26):
So I know.
Speaker 5 (04:28):
Let me ask you it was the cruise.
Speaker 2 (04:29):
Did the cruise last as long as it was advertised for?
Speaker 6 (04:34):
Yes?
Speaker 2 (04:34):
Okay. So now here's the problem.
Speaker 1 (04:38):
You get to read your contract and when you say
it has nothing to do with Hamas, You've made the
decision for the cruise company.
Speaker 2 (04:49):
I'll decide for you what.
Speaker 1 (04:51):
Is where a dangerous port is or not not you,
I'll I, Julie will make that decision.
Speaker 4 (04:59):
But there was no State department warning.
Speaker 1 (05:01):
It doesn't it doesn't matter. We need a state department warning.
Speaker 3 (05:06):
What.
Speaker 2 (05:06):
Let me ask you this, what cruise line are you
talking about?
Speaker 1 (05:10):
Oh, Sanna's not that's not even an American cruise line.
Speaker 2 (05:14):
I don't think.
Speaker 3 (05:16):
So.
Speaker 2 (05:16):
Whatever the State Department says.
Speaker 1 (05:18):
What are they gonna do, Everyone's gonna pay attention to
the State Department. You do, so you got no place
to go. And because here's what happened. There were cruises
that were canceled because the war broke out, and uh,
Egypt had nothing to do with that war when it
(05:39):
first came out. Nothing they canceled. They just canceled everything.
Why you have nothing to do with it? Because of
the possibility, Julie, you got.
Speaker 2 (05:52):
No place to go. Where did you go in?
Speaker 4 (05:54):
They're not even covering it. No, they're not.
Speaker 2 (05:57):
They're not because you went you went on a two
week tour.
Speaker 1 (06:00):
Read your insurance policy is to say, if you don't
go to a port, if the captain or the cruise
line decides to miss that port and go to another port, Uh,
you get your money.
Speaker 4 (06:13):
They just cruise, They just they just well I asked not.
I didn't ask for my money back. I asked for
a time when I could go.
Speaker 2 (06:20):
Understand, I understand what you have to read, but you
have to read the contract.
Speaker 7 (06:24):
But the bottom line is, you can they just take
my money?
Speaker 4 (06:28):
Why can Why Can they just take my money.
Speaker 1 (06:30):
Because they can because you read a contract and they
said you have to go by this time and it's
non refundable if it's ninety days before or sixty days
before you pay, and they provided to the cruise for you.
That's the problem. I know you're really upset.
Speaker 2 (06:45):
I would be too. But they're allowed to do that.
Speaker 1 (06:49):
And they say, we are not interested because this can
be dangerous. So we're just more conservative than you would be. Arlene, Hi, Arlene, welcome.
Speaker 8 (07:04):
Hi.
Speaker 9 (07:06):
So my mom has a house that she rents out
to a couple with two emotional support dogs. She and
my sister once went to the house to check on
something one of the dogs. My sister, so now we're
concerned about knowing that the dog could be aggressive if
he were to bite somebody else. Is my mom liable?
Speaker 2 (07:27):
No, I don't think so. I don't think so. A
couple of reasons. First of all, they're the ones that
have a dog, not your mom.
Speaker 1 (07:37):
Second of all, emotional support dogs don't cut it anymore.
Speaker 2 (07:42):
They just don't. Well yeah, yeah, anybody can say.
Speaker 1 (07:47):
Is you have a clause right you rent and part
of the rental agreement no pets, and you come in
with an emotional support pig.
Speaker 2 (07:56):
Or people have come in with emotional.
Speaker 1 (07:58):
Support peacocks, got them on airplanes or try to. And
the general rule now is emotional support. No, it has
to be a service animal, which is a whole lot animal.
Speaker 2 (08:15):
I mean a service animal. Yeah, is six hundred hours
of training.
Speaker 9 (08:18):
Animal would not have done it a service animal?
Speaker 2 (08:21):
No, of course not, of course not. I don't think
your mom is Bible. I really don't. Just by being
an owner.
Speaker 1 (08:26):
If someone brings in a dog and it bites someone,
the owner of the property is not responsible. Matter of fact,
you got to she has to kick the whoever it
is out. Is what should happen? Because does she have
a lease that says no animals?
Speaker 9 (08:43):
She does, You've.
Speaker 2 (08:46):
The breach, that's all. You throw them out? David, Hello, David,
you're up. Welcome.
Speaker 7 (08:52):
Hi.
Speaker 8 (08:53):
Hi.
Speaker 10 (08:53):
What do you do when the bank that has a
safety deposit box with your will on moving trust in
burns down?
Speaker 2 (09:00):
Okay? Is this you or this hypothetical?
Speaker 5 (09:05):
It's me, but it's me.
Speaker 2 (09:07):
Okay.
Speaker 1 (09:07):
So now just a couple of questions before I give
you the easiest answer in the world. Is that the
only copy of the trust and will you had.
Speaker 5 (09:18):
I have terms of xerox copies.
Speaker 2 (09:20):
That's fine. Those work, Yeah, those will work.
Speaker 1 (09:23):
Okay, And what you can do is renotorize the trust
and probably just have get a wet.
Speaker 2 (09:31):
Signature from the same witnesses.
Speaker 1 (09:33):
Now, how about just rewriting them so they become original again.
You're still alive. But David, you're still alive. You can
change it in two seconds. You can change it every
week if you want so, just go to the attorney
and we write the damn thing.
Speaker 2 (09:54):
That's all. It's easy, pasy.
Speaker 3 (09:55):
You know.
Speaker 2 (09:56):
You can always change it unless it's.
Speaker 1 (09:57):
An irre irrevocable trust, which basically no one uses no
one has. Uh yeah, uh Tim, Hi Tim, welcome Hi Bill.
Speaker 6 (10:10):
Is it illegal for my tree to block the sun
to the neighbor solar panel? And Tim Callum carrying US
president best major candidate K A L E M K
A R I A N.
Speaker 2 (10:26):
Okay, First of all, it is it is? Is it illegal?
It is not illegal. Everybody says, can you do it?
Speaker 1 (10:34):
I know, but there's a big difference between illegality and
stopping someone or forcing someone to do it, or upholding
the ccn RS.
Speaker 2 (10:43):
So no, it is not illegal to do it. I mean,
you're not gonna be arrested.
Speaker 1 (10:49):
However, your neighbor who has those sun solar panels will
sue you and say, hey, your panels are are or
your tree is getting in the way of my panels. Now,
if your tree is already above the level of where
the sun would come down on the solar panels, you
(11:09):
can argue, hey, you came in afterwards, but who's nuts
enough to put solar panels in when the trees in
front are blocking it? So it's going to be a lawsuit.
It's going to be a motion, and a judge will
order you to cut your trees down. And then the
next question, and then the next question is I don't
spell very well, very well, so and I'm not I
(11:29):
don't write this stuff down because I'm too lazy. So
a presidential candidate go through that again. What was your question?
Speaker 6 (11:37):
Tim Callum Carrion, US President.
Speaker 1 (11:41):
Tim Callum Carrion, US President. I don't know what that means.
I thought Donald Trump is the US president.
Speaker 2 (11:48):
What am I missing?
Speaker 1 (11:53):
You're pitching Oh, I get it. You're pitching someone that
no one has ever heard of. Many you want someone
who that should be president according to you, And three
other people?
Speaker 2 (12:06):
Do I have that right?
Speaker 3 (12:08):
I'm the one?
Speaker 2 (12:09):
How about this? What if I run for president?
Speaker 1 (12:11):
I say, I'm the best one, and I am a
radio station and I talked to.
Speaker 2 (12:15):
Millions of people.
Speaker 1 (12:17):
So Tim, and by the way, I still don't know
how to spell your name because I don't care. All right, God,
I love that I'm running for president. Here's how to
spell my name? How Tony, Hi, Tony welcome?
Speaker 8 (12:40):
Hey, Bill.
Speaker 10 (12:41):
So, I about a nineteen ninety four crime bill question
for you. In nineteen ninety five, I was convicted. The
state statue says that it goes up to one hundred
grams of math. I had over one hundred grams. Can
I be convicted under that statue?
Speaker 3 (13:00):
What do you mean?
Speaker 2 (13:00):
Can you be convicted? Are they charging you again? No?
Speaker 10 (13:04):
No, I'm trying to get my gun rights back.
Speaker 2 (13:06):
Are you already got convicted? You already? You already have
a conviction on the books, right, yeah? Okay?
Speaker 1 (13:11):
And the one hundred and twelve thousand dollars? What restitution
was it?
Speaker 2 (13:16):
A fine? Was one hundred and twelve thousand.
Speaker 10 (13:19):
The state statute that they convicted me under, right, says
that they can do that up to one hundred grams.
Speaker 2 (13:27):
Okay, I got that. I understand, and now.
Speaker 10 (13:30):
It had I had one hundred and twelve.
Speaker 2 (13:32):
Okay by the state.
Speaker 1 (13:34):
Okay, when was the statute passed after or before you
were convicted and fined one hundred and twelve thousand dollars?
Speaker 10 (13:43):
Well, I wasn't fined anything.
Speaker 8 (13:45):
What was that?
Speaker 2 (13:45):
What was one hundred and twelve thousand dollars? What was
that restitution?
Speaker 10 (13:49):
One hundred and twelve grams?
Speaker 2 (13:50):
Oh, I'm sorry, my mistake, my mistake, one hundred and twelve.
I got it. Okay, here's the deal.
Speaker 1 (13:56):
More than they can I understand that they can lower
the amount of the amount of meth you have in
order to have a conviction. In other words, let's say
now it's fifty grams, then it was one hundred grams.
Guess what if you are convicted before for one hundred grams,
(14:20):
you got nailed. This is why President Biden issued twenty
five hundred.
Speaker 2 (14:25):
Pardons for exactly this kind of crime.
Speaker 1 (14:30):
So, no, if you were convicted before the law is passed,
you got nailed on the old law.
Speaker 2 (14:35):
You're done.
Speaker 1 (14:37):
You know there were people in Texas twenty years ago
that got jail time for a joint one joint and
they went to prison and they're still in prison unless their.
Speaker 2 (14:49):
Pardon or make a motion. So yeah, you're kind of idle.
Speaker 1 (14:55):
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(15:18):
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Speaker 2 (15:24):
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Speaker 1 (15:24):
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(15:47):
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Speaker 2 (15:53):
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Speaker 2 (16:03):
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Speaker 1 (16:05):
Go to NetSuite dot com slash handle NetSuite dot com
slash handle.
Speaker 2 (16:11):
Hey Bill, welcome to handle on the law.
Speaker 3 (16:14):
Good morning Bill. Yeah, my son was in a relationship
with a girl and they rented a house two years ago.
The house was bad living conditions. They ended up suing
the landlord. They received a settlement this week. The lawyers
sent out an email and they had to do a
docu sign to accept the money. My son never even
(16:37):
saw the document and his girlfriend ended up creating an
email address that looked very similar.
Speaker 2 (16:46):
Okay, god, it is all right. Did she get all
the money?
Speaker 3 (16:50):
She's got all the money?
Speaker 1 (16:51):
Okay, Well, he sues her.
Speaker 3 (16:57):
Simple can we do right? Can we do an r
THO in court to keep her from spending that money
until get her in court to.
Speaker 2 (17:04):
Say yeah, yeah, you can do it. An emergency order.
Speaker 1 (17:07):
You can do a one and just walk into court
and hopefully it's like a restraining order. Right, It's like
a abuse restraining order where the judge will grant a
temporary order.
Speaker 2 (17:19):
Stopping it right now, pending a hearing.
Speaker 1 (17:23):
Because exactly for a purpose like this, by the time
a hearing comes up in two weeks, three weeks, where
both sides are given a chance to argue their case,
the money could already be spent. Yeah, you can also
try because what she did is commit a forgery, a
criminal act.
Speaker 2 (17:39):
You can go to the DA, but do they really care?
Speaker 1 (17:42):
Not?
Speaker 2 (17:42):
Not much?
Speaker 1 (17:43):
How much money did she take that your son should
have had?
Speaker 3 (17:47):
Well, the settlement was fifteen thousand, okay.
Speaker 1 (17:50):
So she took so she took the extra seventy five
hundred dollars. So there's your lawsuit a small claims court.
But at the same time, you go for the restraining order.
Speaker 2 (18:00):
A temporary or that's what you do, you know, okay? Yeah?
Or does she have a dog?
Speaker 3 (18:07):
Does she have a dog?
Speaker 2 (18:08):
Yeah? Does? Okay?
Speaker 1 (18:10):
Well, okay, she has a dog. Now let's go in
that direction. It may not actually be legal. Does the
dog like meat?
Speaker 3 (18:21):
The dog likes meat?
Speaker 2 (18:22):
See where I'm going with this?
Speaker 1 (18:25):
No, I don't Okay, dog gone, the girlfriend has said
next dog also gone until you pay up. Now, that
is not legal advice, and I don't know if I
would follow it. But I would get so pissed off,
I would do whatever I could.
Speaker 3 (18:43):
Is that along the lines of having Luigi.
Speaker 2 (18:45):
Knock on the Yeah, pretty much?
Speaker 1 (18:47):
Yeah, yep, yep, it's it's a Luigi answer, you bet. Now,
just a quick word about these Luigi answers. I basically
joke about two different kinds of ways of going after someone,
and that is difficult to go legally. One, you kill
your dog, and the more they love the dog, the
better off You're stronger your position.
Speaker 2 (19:09):
That's one.
Speaker 1 (19:10):
And during the course of divorces when I and typically
it's a male who calls me, the spouse says, my
wife is doing this, this and this, and it's so unfair,
and it is you know, what do I do?
Speaker 2 (19:20):
Bill is going to take forever. I don't have money
for the attorney. I could kill your wife. It's just easier,
you know, do your four years.
Speaker 1 (19:27):
And the way to do it is you get a
friend of yours and you have a friend'sroducer and the
two of them are in bed, and you break in
and you have a gun and you shoot her and
you'll do four years. Maybe you know, because it's a
crime of passion. In other words, you reacted and you
really didn't know what you were doing.
Speaker 2 (19:45):
It does out of argument work sometimes.
Speaker 1 (19:47):
Okay, So now those are your two choices, the dog
or killing of the spouse. I get emails, and the
dog emails are a ten to one versus the spouse emails.
Speaker 2 (20:06):
What does that tell you? It's the way it works.
You bet all right? Paul, Hello, Paul.
Speaker 5 (20:13):
Welcome, Thank you, Bill Sure nineteen eighty six, I was
convicted of burglary ninety six. I got an expungement granted.
Four years ago. I filed for a governor's pardon, and
last I was told a year and a half ago.
It's sitting on the governor's desk. How long do I wait?
Speaker 2 (20:36):
As long as the governor wants.
Speaker 5 (20:40):
Okay.
Speaker 1 (20:41):
The governor has full complete pardon power, and there is
no time limit. The only thing that the governor has
to be is the governor, and after that can issue
a pardon. And sometimes last day President Biden twenty five
hundred dollars, twenty five hundred pardons, last day.
Speaker 2 (21:02):
Every president goes last day stuff.
Speaker 1 (21:05):
And you hopefully and the more you're either connected or
the more, the better you can make your case. Now
here's what happens. It's not it just goes to the governor.
There is a governor's committee, a pardon committee, made up
of people usually in the Department of Justice. First they
recommend you submit to them. They recommend, and it's just
(21:27):
on the governor's desk.
Speaker 2 (21:29):
So that matter. By the way, were you in prison
for any length of time.
Speaker 5 (21:34):
Of county jail?
Speaker 6 (21:35):
Only?
Speaker 2 (21:36):
For how long?
Speaker 5 (21:38):
Three months?
Speaker 1 (21:39):
Three months in county jail? Now this is a personal
question that I don't know if I would answer, But
is that when you became gay.
Speaker 5 (21:49):
Might have been all right, Yeah, that's good.
Speaker 2 (21:53):
I know that answer is the question.
Speaker 1 (21:55):
Oh right, Mike, Hello, Mike, welcome.
Speaker 8 (22:00):
Oh hi, Yeah, I have a property up in Santa
Rosa and the homeowners Association just jumped by four hundred bucks.
So I called that's.
Speaker 2 (22:12):
Per month, right, yes, okay?
Speaker 1 (22:16):
How much was it before the four hundred dollars?
Speaker 2 (22:20):
Okay?
Speaker 1 (22:20):
So they raised it from three hundred to seven hundred yes,
whoa all right?
Speaker 8 (22:27):
And they say it's because of the the fire situation
up Okay, Well, I guess you could say that. But
where she lives is.
Speaker 2 (22:37):
All right, okay, So what's your question, Mike.
Speaker 8 (22:40):
Well, so she goes, well, hell, I'll sell the place, right,
well she found out it's off. It's off its foundation
a cancer. So okay, So who does she go to?
Speaker 2 (22:55):
Nobody?
Speaker 1 (22:55):
Because nobody h o A particularly under these circumstances, is able,
certainly legally, unless the CNRS say differently, they can assess
the homeowners any amount of money. I got an assessment
on my home that just knocked me for a loop
(23:16):
and it was completely crazy. We had a street that
went on, there was an issue as to the security people,
and my assessment was twenty nine thousand dollars. Now they
let me pay it over three years, but can you
imagine getting that perfectly legal? By the way, there's no
place to go to. Who does she go maybe the builder?
How old is the unit? How old is the community?
Speaker 8 (23:37):
About eighteen?
Speaker 1 (23:39):
Yeah, you see, they got a ten year and which
is automatic. You can sue a developer within ten years
of construction. Now you're past that, and it's hard to
argue defective building because it was round.
Speaker 2 (23:51):
For eighteen years. Yeah, there's no place for her to go.
Speaker 8 (23:55):
There really isn't.
Speaker 1 (23:56):
So yeah, yeah, that's the way it works. She's out
of luck. I mean my homeowner association. That's one of
the reasons I sold my house. Not only downsizing the
HOA was completely insane, but it was a small group
of homes and they wanted twenty four hour guards with
(24:21):
a guard gate. I mean, do you have any idea
in thirty six homes? Any idea what that must cost
a month and what it did. Now, if you live
in chronic pain or you know someone who does, let
me suggest you listen to The Pain Game Podcast. This
is about people who have lived with, dealt with, have
treated those people living in pain, in pain.
Speaker 2 (24:44):
Guests who are experts who suffer.
Speaker 1 (24:47):
The host, Lindsay Soprano, deals with chronic pain twenty four
to seven man. She knows it, and she does it
heroically too, and every episode ends with a message of hope.
Speaker 2 (24:56):
If I were doing it, I'd tell you to go
kill yourself.
Speaker 1 (25:00):
With Lindsey, you'll understand that the show is about giving
pain purpose. His counterintuitive is as it sounds. So wherever
you listen to podcasts, listen to The Pain Game Podcast.
Season three is just about to drop. The Pain Game Podcast.
Speaker 2 (25:16):
Michael. Hello, Michael, you're.
Speaker 7 (25:18):
Up, good morning. I got a question. Make it quick,
sweet and short. Okay, my brother has done thirty years
in prison. He's gonna be getting out in September. Now
it's gonna be sixty two.
Speaker 8 (25:33):
Okay.
Speaker 7 (25:33):
The question is he able to file for social Security,
because that's gonna be his own ind.
Speaker 2 (25:39):
Yeah, that's a good question. First of all.
Speaker 1 (25:42):
Of course, as soon as you said thirty years in prison,
my first question is what did he do to get
thirty years in prison?
Speaker 7 (25:53):
Drugs?
Speaker 5 (25:54):
DUI?
Speaker 7 (25:55):
Manslaughter? Yeah, they just they threw the book out of him.
Speaker 2 (25:58):
Wow, do you I?
Speaker 1 (26:00):
And he was charged with manslaughter? I guess vehicular manslaughter?
Speaker 2 (26:04):
Whoa? And he did thirty years? How many people did
he kill?
Speaker 5 (26:09):
Two that I know of?
Speaker 7 (26:10):
But this is thirty years ago, so you know, back
in the day the laws were a little bit tougher.
Speaker 2 (26:16):
No, actually, back in the day, the laws were not tougher.
The laws were more.
Speaker 1 (26:20):
Lenient back in the day. Back in the day, it
was almost a slap on the wrist. No, maybe not
when people died.
Speaker 2 (26:26):
But whoa?
Speaker 1 (26:27):
All right, So can he apply for social security? State
prison or federal prison?
Speaker 7 (26:33):
I'm assuming sae Yeah.
Speaker 1 (26:38):
Uh, okay, that's state prison, correct, Yes, it is? Okay,
all right, I'm a little bit confused as to state prison,
whether he can apply federal prison. You can even if
you are on Social Security in federal prison, you don't
(26:58):
get Social Security while you're in prison.
Speaker 2 (27:01):
Now, state prison.
Speaker 7 (27:02):
Is gonna be he's gonna be sixty two.
Speaker 2 (27:05):
No, I got that. I got that.
Speaker 1 (27:07):
But here and here is the question I have though.
If he is in prison for thirty years, he is
not working, or if he is working, he gets forty
cents an hour or whatever. So paying into yeah, paying
into the Social security system. If you're putting in three
hundred dollars a year, you're not building up much of
(27:28):
a security benefit. You're not building up much of that
fund for yourself. So even if he were to get it,
it would be minuscule.
Speaker 2 (27:38):
So, yeah, I think he's out of lot.
Speaker 7 (27:40):
Believe that.
Speaker 1 (27:41):
Yeah, he's gonna have to get a job of some
kind and go to I don't know, you know, go
to a fast food establishment or a job where they
don't care or they're willing to accept a felon that
has done thirty years.
Speaker 7 (27:57):
Yeah, go go put burgers for early Yeah.
Speaker 1 (27:59):
Maybe maybe, but he'll but at least you'll get burgers
to eat.
Speaker 2 (28:03):
Yeah, he's in a tough position. It is not easy.
That's an interesting question.
Speaker 1 (28:08):
That is boy that's tough because even if you can
get Social Security, remember you have to pay into this,
the soci security system. And if you've never put in
money in Social Security system, how can you get paid?
Speaker 2 (28:20):
All right? Tom? Hello, Tom, welcome.
Speaker 1 (28:23):
Good morning.
Speaker 4 (28:24):
That's an easy one for you.
Speaker 6 (28:26):
Okay.
Speaker 5 (28:27):
As an executive of a trust, shouldn't.
Speaker 1 (28:29):
No, you're either a trustee. You're either a trustee of
a trust or an executor of the will. So whatever,
So let's call it. You're a trustee, okay, of a trust.
Speaker 7 (28:37):
All right, I'm a trust I'm a trustee.
Speaker 5 (28:39):
Shouldn't I have a copy prior to any event?
Speaker 1 (28:42):
Of course, you should have a copy prior to whoever
wrote the trust dies.
Speaker 2 (28:46):
That's for a that's a good reason.
Speaker 1 (28:48):
And of course you should have a copy as the trustee,
because otherwise, how.
Speaker 2 (28:52):
Do you know? How do you know who's going to
distribute the trust? Who has a copy?
Speaker 1 (28:57):
I mean, if you don't have one, who's got one?
Speaker 10 (29:00):
My parent? My father?
Speaker 2 (29:02):
Okay, your father is your father? Is the trust store? Right,
he's the one that made the trust?
Speaker 10 (29:08):
Correct?
Speaker 2 (29:09):
Okay?
Speaker 10 (29:10):
Uh?
Speaker 1 (29:11):
Yeah, I mean he should give you a copy, but
he doesn't have to. So as long as someone can
hunt up the.
Speaker 2 (29:16):
Copy of the trust. Uh.
Speaker 1 (29:19):
Then you Yeah, then you have the copy. If no
one can find the trust, uh, then there really is
no trust. Then it sort of disappears and you go
back to the rules of intestacy because you have to
know what's in the trust. You can't just say, here's
a trust, but we don't know what's in it, so
(29:41):
you have to distribute it as a trustee. So, yeah,
there has to be a you should have a copy. Now,
it could be that you don't have a copy until
he dies and then you are given a copy. That
is possible, okay, And if he has made provisions. For example,
I've got a copy in a safe deposit box.
Speaker 2 (30:03):
Here's the key, Then that works.
Speaker 1 (30:06):
Let me tell you, I got a scam coming in.
I put my phone in, put it on a silent
usually answer these scams. Okay, but that's the answer. So
and also, if you're a trust door, which I am,
because I have a family trust, I have six copies
of the trust. The lawyer has one, the trustee has one,
(30:28):
I've given one to friends, I have one in safe
deposit box. I mean, there's no way that trust isn't
going to be around.
Speaker 2 (30:34):
Okay.
Speaker 1 (30:35):
Let me ask you a question. You wake up in
the morning and you look in the mirror, and before
brushing your teeth, you can actually see your breath. It's
pretty disgusting. So let me suggest brushing your teeth, of course,
and but that goes away very quickly, that.
Speaker 2 (30:50):
Fresh, clean taste and your breath smelling pretty good.
Speaker 1 (30:54):
Let me tell you a better way, and that is
with Zelman's Minty Mouth mints. Boy, it is that take
care of your bad breath. And I've known these people
who do Zelmans for over thirty years. That really works.
It's far stronger than any other mint. It works better
than the other min not only in your mouth but
in your gut where bad breath could start. Now, if
(31:15):
you order three packs or more until February twenty eighth,
you get a free Oh no, you get an automatic
fifteen percent off. Just go to Zelmans dot com and
you'll get fifteen percent off your order. If you order
three packs or more, go to Zelmans dot com Z E.
L M I N S. Zelmans dot com. This is
handle on the law
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