Episode Transcript
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Speaker 1 (00:01):
You're listening to Bill Handle on Demand from kf I
am six forty.
Speaker 2 (00:09):
This is Handle on the Law Marginal legal advice, where
I tell you have absolutely no case. If you're injured
need a lawyer, go to handle on the law dot com.
And if you're a lawyer and want to help our listeners,
please go to handle on the Law dot com. Click
on the join today tab at the top of the page.
Speaker 3 (00:27):
The followings up here recorded program.
Speaker 2 (00:29):
Okay, this is right up my wheelhouse and this has
to do with something that happened in the UK, and
it's just a fascinating story. I want to share this
with you and then I'll sort of parse out the legality.
Speaker 3 (00:46):
And it's kind of interesting, all right.
Speaker 2 (00:48):
So there is a guy the named a Robert Charles
Albon who calls himself Joe Donor. Joe Donor claims and
it looks like it may have happened to have fathered
more than one hundred and eighty children around the world
as a sperm donor. And he is brought up in
(01:09):
family court. Well, actually he goes to family court. And
here's how weird this situation is, he is in a
I think he's Australian and he moves to the UK.
He wants to get citizenship in the UK, which is
not that easy to get. Wants to be a landed
a resident, much like we have Green card holders. So
(01:30):
what he does is picks one of his sperm donor kids,
files a lawsuit to be declared the father, therefore giving
him the legal basis for saying, my child is a
UK citizen, therefore I can apply.
Speaker 4 (01:50):
Now.
Speaker 2 (01:50):
The problem is that the mom says, no, no, he's
not the father.
Speaker 3 (01:55):
He is a sperm donor, that's it.
Speaker 2 (02:00):
And he says no, no, we had sex in the
backseat of a car and we talked about I be
the father of the child, which is complete crap. And
of course the judge threw that one out immediately and
denied his claim.
Speaker 3 (02:12):
But that's not the story here.
Speaker 2 (02:15):
The story is it is not illegal to be a
sperm downer and father one hundred and eighty children. It's
not illegal here in the country California, where I was
involved in attacking the sperm donor law in the nineteen eighties.
Here in california's unconstitutional. I'll do that another time. There's
no limit to how many times someone can be a
(02:37):
sperm donor, and in this case, the judge warned women
straight out, you may want to consider pregnancy with Joe donor.
And now there are some safeguards, because most donor banks
do have safeguards. They're not going to let someone I
have multiple kids, I mean well multiple multiple kids, A
(03:00):
few and I don't know. Some banks say no more
than three. Other banks say no more than five. But
one hundred and eighty is a little bit over the top. Man,
this is crazy stuff. One hundred and eighty kids. I
wonder how many I no. I didn't want to go there.
Let's take some phone calls.
Speaker 3 (03:22):
Hey, Mike, welcome to handle on the lot. What can
I do for you?
Speaker 1 (03:28):
You know?
Speaker 3 (03:29):
Yeah, I'm here.
Speaker 5 (03:31):
Oh okay, So can you speak a little louder? My god,
I'm having a.
Speaker 3 (03:38):
Hard time hearing you. Louder's ears.
Speaker 2 (03:41):
You got to speak company, hold on, hold on, hold on,
you got you.
Speaker 3 (03:45):
You almost didn't hear me. So start from the.
Speaker 5 (03:47):
Beginea going down the freeway. Damn the back of my truck.
I get out. There's a car stopped in front of
the front of the car grill and somewards land in
the street. The motorcycles land in the street behind them.
(04:09):
So the motorcycle came up on rap hit the car,
put off the front of the car, and it tindapelled
into the back of my truck, causing damage to the tailgate.
And so, okay, contact the insurance company.
Speaker 3 (04:24):
Which insurance company? Your insurance company.
Speaker 5 (04:27):
No, not yet, there's there is the at fault insurance company,
Progressives now the ones that the police said were at fault. Okay,
So Progressive Only's gonna pay me fifteen percent of my damages,
(04:52):
all right, So I contact my insurance company. Right, well,
we will fix your truck, but you have a five
hundred deductible. Okay. Now, I said, are you going to
seprogate and get that money back? Including my five hundred deductible?
They said they can't guarantee that, right.
Speaker 2 (05:14):
They can't, and you can go after I mean, you
can now certainly go for the five hundred dollars against
the drivers unless your insurance company, your policy said if
we settle, if we settle with the other insurance company,
then you're done.
Speaker 3 (05:35):
So usually the your insurance.
Speaker 2 (05:38):
Company is pretty good about picking up the deductible, even
though they say we.
Speaker 3 (05:43):
Can't guarantee it. But you're doing everything right.
Speaker 5 (05:44):
What's your question, then, Mike, being that insurance companies are
all bad follows.
Speaker 1 (05:53):
No, they're not.
Speaker 3 (05:54):
They're not, Mike, They're not bad. Fne is, I'm sorry.
Speaker 5 (05:58):
They're not the biggest. Well, they're not.
Speaker 2 (06:02):
Why would the why would your insurance company be in
bed with the other insurance company who is liable for
your with your accident that you're not at fault.
Speaker 3 (06:13):
Why would they do that?
Speaker 2 (06:15):
Why would they be in their pocket as opposed to
insuring you?
Speaker 5 (06:20):
Because time is money, and the insurance companies don't waste
time on following on these little things. They just kick
come up, they sell it.
Speaker 2 (06:32):
How do you know how do wait? Wait, wait, you're
right they do settle for little cases. They do because
it's not worth it. But how do you know that
that is the way they think? Has someone told you that?
Have you read that?
Speaker 3 (06:45):
Are there lawsuits about that that you've read? The decisions.
Speaker 5 (06:50):
Experience experience?
Speaker 2 (06:52):
How many cases have you filed? How many times have
one involved accidents? Insurance cases are in traffic actions where
there was insurance?
Speaker 3 (07:04):
How many times?
Speaker 5 (07:05):
Three?
Speaker 3 (07:06):
Three?
Speaker 2 (07:07):
Over how long a period of time two years? Two years?
You've gotten into three car accidents?
Speaker 5 (07:14):
No? No, no, no, no, no, I was a victim
of them.
Speaker 3 (07:18):
No, I understand you.
Speaker 2 (07:20):
You were a victim of three car accidents in two years.
Speaker 5 (07:25):
Yep.
Speaker 3 (07:25):
Wow, okay, and the other.
Speaker 2 (07:28):
Insurance companies paid off everything I'm assuming correct. No, okay,
your insurance company paid off when they didn't.
Speaker 3 (07:45):
Yes, okay, so now what now?
Speaker 4 (07:49):
What?
Speaker 2 (07:49):
So you got your money? You got your money, and
how do you know you're not going to get your
money this time? What is different about this case in
the other cases?
Speaker 5 (08:01):
Okay, let me run it. Let me since you asked,
I'm driving down the freeway again.
Speaker 2 (08:08):
No, no, no, no, no, no, Holly, is it different
in terms of dealing? I don't want to go through
every accident. What I'm saying is, if you got paid
every single time, why would you think you wouldn't get
paid this time for your insurance company?
Speaker 5 (08:23):
Because I didn't get paid any time.
Speaker 2 (08:27):
You had three accidents in which you were not at fault,
and you didn't get paid for any of those accidents
by anybody. Okay, Well, I mean then I don't know
what to tell you. Then why buy insurance if you
if you don't get any money? I mean, if I
bought insurance, uh, and I bought underinsured or uninsured motorists,
(08:49):
and I got into three accidents. And every time they
say we're not paying. We don't care if you're at
fault or not. You're dealing with the wrong insurance company,
or you're dealing with insurance that you shouldn't be with. Wow,
this is handle on the law. This is handle on
the law. Marginal legal ad vice. Yolanda hi Landa Hi.
Speaker 6 (09:11):
Yes, Bill, Okay.
Speaker 7 (09:13):
So this particular hospital we have been to, oh numerous times,
and every single time at the er they always take blood.
But on this particular day it happened to be President's Day,
which was on a Monday, twenty nineteen, my husband went there.
(09:35):
He had blood in his urine. He's diabetic and had
been for years. They, I don't know, for whatever reason,
they did not take a blood test, Okay, So anyway,
they sent him home with meds.
Speaker 5 (09:54):
Okay.
Speaker 7 (09:56):
Wednesday of the same week. Two days later, I think
it was Wednesday or Thursday, he had a situation.
Speaker 6 (10:05):
Bill.
Speaker 7 (10:06):
He collapsed on the bathroom floor and I tried to
hold him so he wouldn't hit his head, but he
fell down on the floor on his back. His eyes
rolled back into his head. And I said, no, I'm
calling the nine one one. Sure they came and they
said his blood.
Speaker 5 (10:22):
Sugar was six hundred.
Speaker 7 (10:24):
Okay, okay, so I don't know I and ever since then, Bill,
he can't walk.
Speaker 3 (10:31):
Ooh so let me ask you a question. You lined
a couple of things.
Speaker 2 (10:34):
Okay, First of all, does he do his own blood
test every day?
Speaker 3 (10:40):
Doesn't he don't?
Speaker 2 (10:41):
Diabetics check their blood, their sugar level every day.
Speaker 5 (10:45):
Yeah?
Speaker 8 (10:46):
Yeah, and he has he has logs.
Speaker 3 (10:48):
Yeah, okay, so what did he do?
Speaker 2 (10:50):
So he he goes in the yard, they don't take
they don't take the blood. Three days later he collapsed.
What happened during those three days? Did he not take
his blood test? Oh no?
Speaker 7 (11:01):
Well, yeah, that's a good question.
Speaker 2 (11:04):
That's a very that's going to be a really good question,
saying every other diabetic takes a blood test at least
once a day, if not several times a day.
Speaker 5 (11:14):
Yeah.
Speaker 3 (11:14):
Yeah, So why so?
Speaker 2 (11:15):
Why so why didn't he if he was, if he was,
you know, regularly taking his blood test, why didn't he
for those three days?
Speaker 7 (11:24):
Okay, he he has a log. Okay, but I don't
know how many years back, I think, oh no, you
know what the logging of the blood. It didn't start
until after How.
Speaker 2 (11:37):
Can you be How can you be a diabetic and
not pay attention to what your blood level is? Isn't
every diabetic figure out what their blood level is throughout
the day?
Speaker 3 (11:47):
Am I missing something? You know with a prick in
your finger?
Speaker 2 (11:51):
Yeah, you got to be more specific about that. And
then there is an issue of the Statute of limitations
on top of that. You know, waiting five years to
talk to me is kind of crazy.
Speaker 3 (12:01):
And he can't walk and you didn't. Yeah, you're gonna
have a tough time.
Speaker 2 (12:05):
I mean, you can call get hold of medical malpractice
if he can't walk, that's a huge case. But you know,
you go, why didn't you take a blood test? Of
course you have to take a black I didn't do it.
I didn't do it for three days. Yeah, that's not
that's not good news.
Speaker 3 (12:21):
Charles. Hi, Charles, welcome.
Speaker 6 (12:25):
I hope you're doing well well, Not.
Speaker 2 (12:27):
Really, but I hope you're not doing well either. So okay,
we worked that one out. What can I do for you, Charles.
Speaker 6 (12:33):
Yes, I purncased a rather expensive water filter system and
after a couple of months it broke. Okay, and and
I so I called them up and they had me
return it on warranty. And now that they have it,
they want uh that they answered phone calls, but they
(12:56):
give a run around.
Speaker 3 (12:57):
Okay, all right, how much? How much was it?
Speaker 6 (13:00):
It? It was twenty six hundred dollars?
Speaker 2 (13:03):
WHOA? Okay, Well, what you do is you email any
If you have any document that puts an email down,
you immediately email and say I'm trying to reach you.
You have taken it for repair, I can't get hold
of you. You won't give me any information.
Speaker 3 (13:18):
Okay. That's for starters. You call them and you write down.
Speaker 2 (13:23):
Every single time you call them, and you write what
the conversation was. Here is what I said, Here is
what they said. You memorialize all of it because if
it ends up going to court, which it probably will
based on what you're telling me, you're going to have
to say I made these phone calls in addition to
the emails.
Speaker 3 (13:43):
They're going to say we never heard any phone calls.
Go here it is.
Speaker 2 (13:46):
I've timestamped it. Ten eighteen am phone call to this
number three minutes. Here is the conversation. They're going to
have a hard time.
Speaker 3 (13:55):
It's a small claim.
Speaker 2 (13:55):
Suit, Charles, and based on what you said, you're gonna
get your twenty six hundred bucks back.
Speaker 3 (14:00):
Not that hard, that's it.
Speaker 6 (14:02):
Well, I have to file that in the state they
are where?
Speaker 3 (14:05):
What state are they in?
Speaker 2 (14:07):
They're in New York and you're in and you're aware Ohio,
you're in Ohio. Any particular reason you bought a New
York water filter to be installed in Ohio.
Speaker 6 (14:20):
It's well, it's it's uh, it's one of these miracle cures.
Speaker 2 (14:28):
So uh, yeah, you may Here's okay already when when
you when you start using the word miracle of anything
that happens, you're talking scam city, okay, right there, right there,
And the fact that they won't even talk to you
and won't have anything to do with you is really problematic.
Speaker 3 (14:46):
Now, can you still sue them where? Yes, they can.
You can sue them in Ohio.
Speaker 2 (14:51):
Uh, and you'll go to the Secretary of State and
if they're if they're doing business in Ohio?
Speaker 3 (14:58):
Who installed it? By the way, was it an installer
that did it?
Speaker 6 (15:04):
This is a tabletalk unit? Oh so you well, and see,
since I since I've purchased it and read I got it,
bought it in such a short note as I was
looking at it, and my sister knew and she's having
some health problems, and she said, I'll be dead before
you get it, and so I just kind of, uh.
Speaker 2 (15:25):
Yeah, yeah, you can see if with the Secretary of
State if they have an agent for service of process,
because they sell all over the country, and you know,
I don't know if Ohio does or not, if there's
any connection or they just sell and they just ship
it out. But Miracle Miracle water products, uh, and they're
(15:46):
in New York and you're in Ohio. Even if you
get a lawsuit and they won't talk to you, I'd
be surprised if you were to go any place with that. Yeah,
you got to be really careful with that stuff, and
you always want to go locally if you can.
Speaker 3 (15:59):
But I understand what the internet is like. Sure sounds
like you got screwed to me. So let me tell you.
Speaker 2 (16:04):
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Costs have gone up on materials, employees, distribution, borrowing. Well,
(16:28):
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Speaker 3 (17:07):
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Speaker 3 (17:20):
This is handle on the law.
Speaker 1 (17:23):
You're listening to Bill Handle on demand from kf I
AM six forty.
Speaker 2 (17:30):
This is handle on the law, marginal legal advice.
Speaker 3 (17:35):
I tell you have absolutely no case.
Speaker 2 (17:37):
Hey, Margo, welcome to Handle on the law. Yes, Bill,
all right, you're the phone is great? Wit, Well, well,
what are you talking into the phone?
Speaker 3 (17:46):
Is weird? It's uh are you talking directly into the phone.
Speaker 9 (17:50):
I I'm in my car, so let me turn off
my engine and i'll will I lose you?
Speaker 3 (17:58):
I don't know. Try I mean you can drive.
Speaker 2 (18:01):
And if a cop comes around and tickets you for
talking on the phone while driving, all.
Speaker 3 (18:07):
You have to do is tell the cop. Bill Handle
says it's okay, Well, can try it. Okay, let's try it.
Let's try it with this. Okay, go ahead.
Speaker 2 (18:18):
I have a.
Speaker 9 (18:18):
Trust with my husband. Can I add an additional person
to give three thousand dollars without going to an attorney?
Speaker 3 (18:28):
Yeah, you can.
Speaker 2 (18:29):
It's an amended trust. And the language is you can
probably get on the internet. Yeah, it's yeah. Probably How
big is your trust?
Speaker 3 (18:43):
Margo?
Speaker 9 (18:45):
It's about oh gosh, property? The two properties would be.
Speaker 2 (18:52):
Just give me, give me an idea ballpark. How much
money do you have it? Property, assets, money, whatever?
Speaker 10 (18:57):
How much money hidred thousand?
Speaker 2 (19:01):
Okay, and you're going to add someone for three thousand dollars?
Probably no one is going to contest that. Now it
has to be done correctly. You can't just add a name.
You have to amend the trust when you add someone.
So I've amended my trust. I can't tell you how
many times I've been in my family trust. The beneficiaries
(19:22):
are my daughters, and every time one of them acts out,
I change the trust to leave the money to the
other one. And when that one acts out, I change
the trust back to leave it to the other one.
Speaker 3 (19:33):
And they know it.
Speaker 2 (19:34):
So I'm holding you know, so I get a lot
of really good relations with my daughters. Yeah, you can
change it, but you can't. Just as I said, you
can't just put another name in it. You're amending the trust,
and so it's another document, but it's the same language.
It's just the amended trust of and then the date.
(19:55):
And then at the end of that trust you add,
you add the additional person, you sign it, and then
you notarize that and you can do.
Speaker 3 (20:07):
That on your own probably, so that shouldn't be a problem.
Steven Hi, Stephen, welcome, go ahead.
Speaker 4 (20:17):
I have okay, I have a question that regarding trustees
and beneficiaries.
Speaker 3 (20:24):
God, I get a lot of these today.
Speaker 2 (20:26):
All right, So what's your question or what First tell
me what's going on, and then ask your question.
Speaker 5 (20:33):
Exactly.
Speaker 4 (20:33):
Yes, my wife's father and his wife at the time
set up a survivor trust bypass trust plan. Her father
was the first to pass and then the wife just
passed in January. So my wife is a trustee of
the bypass trust.
Speaker 3 (20:56):
I don't quite understand what a bypass trust is.
Speaker 2 (20:59):
There is a trust in both the trust doors are dead, right, correct?
Speaker 3 (21:04):
Okay, so, but so therefore she's the trustee.
Speaker 4 (21:10):
Well, she's a co trustee.
Speaker 3 (21:12):
Okay, So there are two trustees, all right, fair enough?
Speaker 5 (21:15):
Yeah, okay.
Speaker 4 (21:16):
The other trustee is in Utah. Okay, we're in California.
And so there's there's two trusts. One was set up
at the time that triggered when her father passed. The
other one survivor trust is now.
Speaker 2 (21:36):
Okay, when the father passed, you saying there's two trusts.
Speaker 4 (21:40):
Uh so I were confused, Mitchell.
Speaker 2 (21:45):
So, so, so your dad had or her dad had
separate money that was in a trust that he set up,
and who was the trustee of that?
Speaker 3 (21:56):
And where did that money go?
Speaker 4 (21:59):
Okay, Well, there's co trustees for that money.
Speaker 3 (22:03):
Where did the money go?
Speaker 4 (22:06):
It's been investors right now. It's sitting in a Schwab account.
Speaker 3 (22:10):
Okay, but who owns it?
Speaker 4 (22:14):
Well, there are.
Speaker 2 (22:17):
Five beneficiaries, okay, and so five beneficiaries. So you had
a trustee that has put the money into a.
Speaker 3 (22:25):
Schwab account.
Speaker 2 (22:27):
All right, and do you know what the terms of
the trust are or do you have any idea?
Speaker 4 (22:32):
Well, yeah, there's the trust. The second trust it was
I called it survivor trust. That was for the benefit
of the wife to use the bypass trust was not
all right?
Speaker 3 (22:45):
So I saw I'm assuming there were two trusts.
Speaker 2 (22:48):
Maybe I'm misunderstanding here the way you describe it, there
were two trusts, correct?
Speaker 3 (22:55):
Okay?
Speaker 2 (22:55):
Now trust that belonged to the father he is and
the money went into or the money is already in
a Schwab account. What is supposed to happen to the money?
Does this stay there forever? Or do the beneficiaries get
the money?
Speaker 4 (23:11):
No? Now that the survivor has passed, there are some
distributions to be made, okay from the second trust. Then
it all gets combined together.
Speaker 2 (23:21):
Okay, So now you okay, So it's all combined together
and it's one trust.
Speaker 3 (23:25):
All right. All the money is in one trust and the.
Speaker 2 (23:29):
Person who is now the beneficiary, the wife who owns.
The trust is dead. Okay, so now what you have
two trustees. You have two dead people, and you have
a trust now that has several beneficiaries. Do you know
what the trust says? Is the money to be distributed equally?
Is the money to be infested? What kind of power
does the trustee have or the trustees?
Speaker 4 (23:51):
Yeah, if the trust moneies were to be distributed, have
to eat scavich other own separate adult children.
Speaker 2 (24:01):
Oh, so they were going to receive it. The trustees
were going to receive the money.
Speaker 4 (24:07):
The trustees are in charge of distributing the money. No, no, no, no, no.
Speaker 2 (24:10):
You're you're conflating again the trust who are the beneficiaries?
Speaker 3 (24:15):
Are the trustees beneficiaries?
Speaker 4 (24:18):
They are? And there are three other beneficiaries right, see if.
Speaker 2 (24:21):
Five five beneficiaries. Okay, where is the money now? And
has it been distributed?
Speaker 4 (24:26):
It has not been?
Speaker 5 (24:28):
All right?
Speaker 3 (24:29):
Why is the money not distributed?
Speaker 2 (24:31):
Why are the trustees not writing checks and distributing the money?
Speaker 4 (24:35):
That's part of the problem there.
Speaker 3 (24:37):
Okay, there's your lawsuit.
Speaker 2 (24:38):
There is your lawsuit against the trustees from the beneficiaries.
Speaker 3 (24:44):
That's my money and you're not distributing it.
Speaker 4 (24:48):
Now, do we bring that in California or in Utah.
Speaker 3 (24:50):
Where's the trust written?
Speaker 4 (24:53):
Trust is was done in California.
Speaker 2 (24:55):
California is where you bring it. You need a trust
in a state lawyer. How much money are we talking
about in all this, God, it took a long time
to get there.
Speaker 3 (25:01):
How much money are you talking about, Stephen.
Speaker 4 (25:05):
We're talking about that's seven hundred and fifty thousand.
Speaker 3 (25:09):
Okay, and they're five beneficiaries.
Speaker 2 (25:11):
You said, okay, well, okay, So if two of the
trustees are beneficiaries the other three, file lawsuit against those
two and saying you're breaching your fiduciary duty. You are
not distributing it pursuit to the terms of the trust.
Speaker 4 (25:25):
We want our money, yes, say one of the trustees.
My wife and chiefs got it, not getting help from
the other trustees. That's why it's.
Speaker 2 (25:33):
You know, it's that's going to be the lawsuit where
they'll figure it out.
Speaker 3 (25:38):
Okay, you need a trust in the.
Speaker 2 (25:39):
Estate lawyer to sue the trustees on behalf of the beneficiaries.
Speaker 3 (25:43):
It's that simple.
Speaker 2 (25:45):
Okay, God, yeah, we could have done that in thirty seconds. Bill,
there's a trust. The trustees are not distributing the money.
Speaker 3 (25:57):
What do I do? That's the question.
Speaker 8 (26:00):
Hmm.
Speaker 2 (26:01):
That went well, didn't it. This is Handle on the
Law and welcome back to Handle on the Law marginal
legal advice.
Speaker 3 (26:11):
Hi, Mary, good morning, es ma'am.
Speaker 8 (26:16):
Yes, you gotta speak louder. Mary.
Speaker 2 (26:19):
This is having a hard time today with everybody.
Speaker 8 (26:23):
Okay, can you hear me now? Yes, that's not take
me whole years. For two years. We go to him,
we go to Kurt, and then we go to mediation. Mediation.
They said that she's only two thousand dollars, but she
has to go to detect it to the government. Government
(26:44):
has to play that.
Speaker 2 (26:45):
No, I can't you know, Mary, I can't you know.
I just can't hear you. I don't know if it's
wrong with the phones or just we're in bad areas.
But you can try calling back, but it's just not
going to work here. Left a hard heart, hard time, Christine.
Let's try you back.
Speaker 6 (27:01):
Hi.
Speaker 10 (27:02):
I'm great, thanks for taking my call.
Speaker 3 (27:04):
Sure.
Speaker 10 (27:05):
My question is I'm redoing my trust again for the
third time, and the will is naming my son as
a trustee and also stipulates that assets are to be
divided equal. All of my assets I put in the
name of their name the beneficiary to my trust. Okay,
(27:29):
and my son was also named as power of attorney,
with the ability to distribute in a way he so chooses.
Speaker 3 (27:36):
Wait a second would be power of attorney.
Speaker 2 (27:38):
You would just be the trustee and it would be
in the trust that he would be able to distribute.
Speaker 3 (27:44):
Any way he wants.
Speaker 2 (27:45):
Now, here's the question is if he is not the
only beneficiary and he is the trust and then you
have there's a contradiction there. And here is the contradiction,
and that is, these are the beneficiaries, but he can
distribute it anyway he wants. Now you're not talking about
(28:07):
the beneficiaries. You're talking about the way he distributes. He
can sell property, he can do whatever.
Speaker 3 (28:12):
Correct. Yeah, okay, so all right, so what's your question.
Speaker 10 (28:18):
Well, one of my children. I believe this is why
I put it in there, and I was thinking it
might protect me. I have a child that I believe
will cause some trouble. They live out of state. I
put a little clause and that's why I put him.
I put everything in the trust.
Speaker 6 (28:37):
She lives out of.
Speaker 10 (28:38):
State, and I believe, again she will cause trouble, So
I put a stipulation in there that she is not
to spend any time in my home without the presence
of my son. She's also not to spend one night
in the house.
Speaker 2 (28:54):
Okay, that's not what a trust does.
Speaker 3 (28:57):
The trust distributes assets.
Speaker 2 (29:01):
Now you can say if she spends a night, then
she will not get any money. You can cut her
off on that. So it's a weird trust saying Okay,
we're gonna hold ont of the money and not give
it to her. And the only way we're not going
to distribute it because if she spends a night in
(29:22):
the house, then she is basically removed from the trust.
Speaker 3 (29:27):
I don't know how you would do that. Yeah, that's
a tough one. I don't know. You're talking about.
Speaker 2 (29:35):
Making someone's physical presence here or there. Somehow that becomes
a requirement of the trust.
Speaker 3 (29:42):
So I don't know where you're going to go with that.
Speaker 10 (29:47):
The reason I did that is because I steel if
she comes here and spends one night here and she
will just tell my son to get lost. As far
as what.
Speaker 3 (30:01):
Let me ask you this, who's going to own the house?
Speaker 10 (30:03):
Well, right now, the house is the beneficial. The trust
is the beneficiary.
Speaker 6 (30:09):
Of my home.
Speaker 3 (30:10):
No, the trust can't be a beneficiary of your home.
Speaker 2 (30:13):
Uh, the U is a homie in the trust? Yes, okay,
so the trust owns it. The trust isn't a beneficiary.
The trust owns the home, period. So what is the
trustee he's supposed to do?
Speaker 6 (30:26):
Well, he can.
Speaker 10 (30:28):
Sell the house okay, and the idea okay.
Speaker 2 (30:32):
And and if he doesn't, what he can just it
just stays in the trust.
Speaker 10 (30:37):
Well, he could give himself all the money if he wants.
Speaker 3 (30:40):
No, he can't. No, he can't.
Speaker 2 (30:43):
No, he can't if he's a trustee and the trust.
If the trust says that the money is supposed to
be distributed equally, he cannot keep all the money.
Speaker 3 (30:51):
It doesn't work that way.
Speaker 2 (30:53):
So he may be forced to sell or rent it
and they get a third of the rent.
Speaker 3 (30:58):
I'd rewrite that trust.
Speaker 2 (31:00):
I'd go to a trust in a state attorney, boy,
and rewrite this thing immediately and tell them what you
want and.
Speaker 3 (31:05):
The trust and the attorney's going to go, you can't
do this. You can't do that.
Speaker 2 (31:09):
That one's unenforceable. From what I see. There's no way
to keep someone out of a home without it and
still distribute the money to them. So that money has
to stay in the house. Do they get some benefit during.
Speaker 3 (31:22):
The course of it?
Speaker 5 (31:23):
I don't.
Speaker 3 (31:23):
I don't even begin to know where to go with that.
Speaker 7 (31:27):
Hi, Kathy, welcome, good morning Dale, Thanks for taking my trust.
Speaker 3 (31:31):
Sure sure, quick quick question.
Speaker 7 (31:34):
There's a transfer on death deed protect my home from
coobit upon my death.
Speaker 3 (31:39):
Okay, hold on.
Speaker 2 (31:41):
Let me let me get this straight, because you've just
confused me. Okay, a transfer I don't understand.
Speaker 10 (31:50):
Does it's called a transfer on death the pod and
it would. I'm just trying to avoid and making up
a trust because all my accounts and investments.
Speaker 2 (31:59):
Well two, okay, you know what. I don't know the
answer to that. I've never heard of the transfer on death.
Speaker 3 (32:06):
I haven't.
Speaker 2 (32:07):
It goes to show you make sure you keep asking
me questions that I don't know, because that's always great fun.
Speaker 3 (32:13):
William, Hi, William, welcome, easy to eiven to remember. Yes, sir,
how are you? I don't know what can I do
for you?
Speaker 4 (32:23):
I just want to let you know man that you
guys have a great show, and thank you, Thank you
fantastic people.
Speaker 3 (32:30):
You have all Right, what's your question?
Speaker 4 (32:32):
When I got married, I made a prenup with my
wife and now it's been about ten years and I
lost the information, and my question was, how would I
go about it? Maybe looking up records on a premup.
Speaker 3 (32:45):
Yeah, there are no records of prenups.
Speaker 2 (32:48):
That's a private agreement between you and your wife, and
if you haven't kept a copy of it and she,
let's say, either has destroyed it or whatever. Yeah, prenups
are not public documents, so you don't have a prenup.
Speaker 8 (33:08):
I see.
Speaker 2 (33:09):
Yeah, isn't that fun? You lose documents. There are certain
things that are filed and prenuptial agreements are not. They
come up in divorces.
Speaker 5 (33:20):
Now.
Speaker 3 (33:21):
Bad breath absolutely no fun. No matter what you.
Speaker 2 (33:27):
Eat, well, in my case, garlic and onions, it can
cause bad breath. And of course I'm talking about Zelman's
minta Mouthmens, and I have been saying or telling you
about it for months. And for those of you that
have bought Zelman's minta Mouthmens, you know exactly what I'm
talking about.
Speaker 3 (33:41):
Boy do they work. For those of you that have not,
you have horrible breath.
Speaker 2 (33:45):
You breathe on someone, they start reeling and almost keel over.
So what you can do is swallow or bite into
these little capsules that are coated.
Speaker 3 (33:56):
With a mint pop two or three in your mouth.
Speaker 2 (33:59):
You suck them in part until that's done, and then
you swallow or bite into them and it goes to
work in your gut where it really starts. That's where
bad breath can start and stay there, and no other
mint does that at all.
Speaker 3 (34:13):
That's Zelman's minty mouth mins. So of course I've been
using them well as long as they've been around.
Speaker 2 (34:18):
So go to Zelman's dot com slash kfi. My station
Worry broadcasts from zelman z E L M I N
S dot com, slash kfi zelmans dot com slash kfi.
Speaker 3 (34:34):
This is Handle on the Law. You've been listening to
the Bill Handle Show.
Speaker 2 (34:39):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app
You're listening to Bill Handle on Demand from kf I
am six forty.
Speaker 2 (00:09):
This is Handle on the Law Marginal legal advice, where
I tell you have absolutely no case. If you're injured
need a lawyer, go to handle on the law dot com.
And if you're a lawyer and want to help our listeners,
please go to handle on the Law dot com. Click
on the join today tab at the top of the page.
Speaker 3 (00:27):
The followings up here recorded program.
Speaker 2 (00:29):
Okay, this is right up my wheelhouse and this has
to do with something that happened in the UK, and
it's just a fascinating story. I want to share this
with you and then I'll sort of parse out the legality.
Speaker 3 (00:46):
And it's kind of interesting, all right.
Speaker 2 (00:48):
So there is a guy the named a Robert Charles
Albon who calls himself Joe Donor. Joe Donor claims and
it looks like it may have happened to have fathered
more than one hundred and eighty children around the world
as a sperm donor. And he is brought up in
(01:09):
family court. Well, actually he goes to family court. And
here's how weird this situation is, he is in a
I think he's Australian and he moves to the UK.
He wants to get citizenship in the UK, which is
not that easy to get. Wants to be a landed
a resident, much like we have Green card holders. So
(01:30):
what he does is picks one of his sperm donor kids,
files a lawsuit to be declared the father, therefore giving
him the legal basis for saying, my child is a
UK citizen, therefore I can apply.
Speaker 4 (01:50):
Now.
Speaker 2 (01:50):
The problem is that the mom says, no, no, he's
not the father.
Speaker 3 (01:55):
He is a sperm donor, that's it.
Speaker 2 (02:00):
And he says no, no, we had sex in the
backseat of a car and we talked about I be
the father of the child, which is complete crap. And
of course the judge threw that one out immediately and
denied his claim.
Speaker 3 (02:12):
But that's not the story here.
Speaker 2 (02:15):
The story is it is not illegal to be a
sperm downer and father one hundred and eighty children. It's
not illegal here in the country California, where I was
involved in attacking the sperm donor law in the nineteen eighties.
Here in california's unconstitutional. I'll do that another time. There's
no limit to how many times someone can be a
(02:37):
sperm donor, and in this case, the judge warned women
straight out, you may want to consider pregnancy with Joe donor.
And now there are some safeguards, because most donor banks
do have safeguards. They're not going to let someone I
have multiple kids, I mean well multiple multiple kids, A
(03:00):
few and I don't know. Some banks say no more
than three. Other banks say no more than five. But
one hundred and eighty is a little bit over the top. Man,
this is crazy stuff. One hundred and eighty kids. I
wonder how many I no. I didn't want to go there.
Let's take some phone calls.
Speaker 3 (03:22):
Hey, Mike, welcome to handle on the lot. What can
I do for you?
Speaker 1 (03:28):
You know?
Speaker 3 (03:29):
Yeah, I'm here.
Speaker 5 (03:31):
Oh okay, So can you speak a little louder? My god,
I'm having a.
Speaker 3 (03:38):
Hard time hearing you. Louder's ears.
Speaker 2 (03:41):
You got to speak company, hold on, hold on, hold on,
you got you.
Speaker 3 (03:45):
You almost didn't hear me. So start from the.
Speaker 5 (03:47):
Beginea going down the freeway. Damn the back of my truck.
I get out. There's a car stopped in front of
the front of the car grill and somewards land in
the street. The motorcycles land in the street behind them.
(04:09):
So the motorcycle came up on rap hit the car,
put off the front of the car, and it tindapelled
into the back of my truck, causing damage to the tailgate.
And so, okay, contact the insurance company.
Speaker 3 (04:24):
Which insurance company? Your insurance company.
Speaker 5 (04:27):
No, not yet, there's there is the at fault insurance company,
Progressives now the ones that the police said were at fault. Okay,
So Progressive Only's gonna pay me fifteen percent of my damages,
(04:52):
all right, So I contact my insurance company. Right, well,
we will fix your truck, but you have a five
hundred deductible. Okay. Now, I said, are you going to
seprogate and get that money back? Including my five hundred deductible?
They said they can't guarantee that, right.
Speaker 2 (05:14):
They can't, and you can go after I mean, you
can now certainly go for the five hundred dollars against
the drivers unless your insurance company, your policy said if
we settle, if we settle with the other insurance company,
then you're done.
Speaker 3 (05:35):
So usually the your insurance.
Speaker 2 (05:38):
Company is pretty good about picking up the deductible, even
though they say we.
Speaker 3 (05:43):
Can't guarantee it. But you're doing everything right.
Speaker 5 (05:44):
What's your question, then, Mike, being that insurance companies are
all bad follows.
Speaker 1 (05:53):
No, they're not.
Speaker 3 (05:54):
They're not, Mike, They're not bad. Fne is, I'm sorry.
Speaker 5 (05:58):
They're not the biggest. Well, they're not.
Speaker 2 (06:02):
Why would the why would your insurance company be in
bed with the other insurance company who is liable for
your with your accident that you're not at fault.
Speaker 3 (06:13):
Why would they do that?
Speaker 2 (06:15):
Why would they be in their pocket as opposed to
insuring you?
Speaker 5 (06:20):
Because time is money, and the insurance companies don't waste
time on following on these little things. They just kick
come up, they sell it.
Speaker 2 (06:32):
How do you know how do wait? Wait, wait, you're
right they do settle for little cases. They do because
it's not worth it. But how do you know that
that is the way they think? Has someone told you that?
Have you read that?
Speaker 3 (06:45):
Are there lawsuits about that that you've read? The decisions.
Speaker 5 (06:50):
Experience experience?
Speaker 2 (06:52):
How many cases have you filed? How many times have
one involved accidents? Insurance cases are in traffic actions where
there was insurance?
Speaker 3 (07:04):
How many times?
Speaker 5 (07:05):
Three?
Speaker 3 (07:06):
Three?
Speaker 2 (07:07):
Over how long a period of time two years? Two years?
You've gotten into three car accidents?
Speaker 5 (07:14):
No? No, no, no, no, no, I was a victim
of them.
Speaker 3 (07:18):
No, I understand you.
Speaker 2 (07:20):
You were a victim of three car accidents in two years.
Speaker 5 (07:25):
Yep.
Speaker 3 (07:25):
Wow, okay, and the other.
Speaker 2 (07:28):
Insurance companies paid off everything I'm assuming correct. No, okay,
your insurance company paid off when they didn't.
Speaker 3 (07:45):
Yes, okay, so now what now?
Speaker 4 (07:49):
What?
Speaker 2 (07:49):
So you got your money? You got your money, and
how do you know you're not going to get your
money this time? What is different about this case in
the other cases?
Speaker 5 (08:01):
Okay, let me run it. Let me since you asked,
I'm driving down the freeway again.
Speaker 2 (08:08):
No, no, no, no, no, no, Holly, is it different
in terms of dealing? I don't want to go through
every accident. What I'm saying is, if you got paid
every single time, why would you think you wouldn't get
paid this time for your insurance company?
Speaker 5 (08:23):
Because I didn't get paid any time.
Speaker 2 (08:27):
You had three accidents in which you were not at fault,
and you didn't get paid for any of those accidents
by anybody. Okay, Well, I mean then I don't know
what to tell you. Then why buy insurance if you
if you don't get any money? I mean, if I
bought insurance, uh, and I bought underinsured or uninsured motorists,
(08:49):
and I got into three accidents. And every time they
say we're not paying. We don't care if you're at
fault or not. You're dealing with the wrong insurance company,
or you're dealing with insurance that you shouldn't be with. Wow,
this is handle on the law. This is handle on
the law. Marginal legal ad vice. Yolanda hi Landa Hi.
Speaker 6 (09:11):
Yes, Bill, Okay.
Speaker 7 (09:13):
So this particular hospital we have been to, oh numerous times,
and every single time at the er they always take blood.
But on this particular day it happened to be President's Day,
which was on a Monday, twenty nineteen, my husband went there.
(09:35):
He had blood in his urine. He's diabetic and had
been for years. They, I don't know, for whatever reason,
they did not take a blood test, Okay, So anyway,
they sent him home with meds.
Speaker 5 (09:54):
Okay.
Speaker 7 (09:56):
Wednesday of the same week. Two days later, I think
it was Wednesday or Thursday, he had a situation.
Speaker 6 (10:05):
Bill.
Speaker 7 (10:06):
He collapsed on the bathroom floor and I tried to
hold him so he wouldn't hit his head, but he
fell down on the floor on his back. His eyes
rolled back into his head. And I said, no, I'm
calling the nine one one. Sure they came and they
said his blood.
Speaker 5 (10:22):
Sugar was six hundred.
Speaker 7 (10:24):
Okay, okay, so I don't know I and ever since then, Bill,
he can't walk.
Speaker 3 (10:31):
Ooh so let me ask you a question. You lined
a couple of things.
Speaker 2 (10:34):
Okay, First of all, does he do his own blood
test every day?
Speaker 3 (10:40):
Doesn't he don't?
Speaker 2 (10:41):
Diabetics check their blood, their sugar level every day.
Speaker 5 (10:45):
Yeah?
Speaker 8 (10:46):
Yeah, and he has he has logs.
Speaker 3 (10:48):
Yeah, okay, so what did he do?
Speaker 2 (10:50):
So he he goes in the yard, they don't take
they don't take the blood. Three days later he collapsed.
What happened during those three days? Did he not take
his blood test? Oh no?
Speaker 7 (11:01):
Well, yeah, that's a good question.
Speaker 2 (11:04):
That's a very that's going to be a really good question,
saying every other diabetic takes a blood test at least
once a day, if not several times a day.
Speaker 5 (11:14):
Yeah.
Speaker 3 (11:14):
Yeah, So why so?
Speaker 2 (11:15):
Why so why didn't he if he was, if he was,
you know, regularly taking his blood test, why didn't he
for those three days?
Speaker 7 (11:24):
Okay, he he has a log. Okay, but I don't
know how many years back, I think, oh no, you
know what the logging of the blood. It didn't start
until after How.
Speaker 2 (11:37):
Can you be How can you be a diabetic and
not pay attention to what your blood level is? Isn't
every diabetic figure out what their blood level is throughout
the day?
Speaker 3 (11:47):
Am I missing something? You know with a prick in
your finger?
Speaker 2 (11:51):
Yeah, you got to be more specific about that. And
then there is an issue of the Statute of limitations
on top of that. You know, waiting five years to
talk to me is kind of crazy.
Speaker 3 (12:01):
And he can't walk and you didn't. Yeah, you're gonna
have a tough time.
Speaker 2 (12:05):
I mean, you can call get hold of medical malpractice
if he can't walk, that's a huge case. But you know,
you go, why didn't you take a blood test? Of
course you have to take a black I didn't do it.
I didn't do it for three days. Yeah, that's not
that's not good news.
Speaker 3 (12:21):
Charles. Hi, Charles, welcome.
Speaker 6 (12:25):
I hope you're doing well well, Not.
Speaker 2 (12:27):
Really, but I hope you're not doing well either. So okay,
we worked that one out. What can I do for you, Charles.
Speaker 6 (12:33):
Yes, I purncased a rather expensive water filter system and
after a couple of months it broke. Okay, and and
I so I called them up and they had me
return it on warranty. And now that they have it,
they want uh that they answered phone calls, but they
(12:56):
give a run around.
Speaker 3 (12:57):
Okay, all right, how much? How much was it?
Speaker 6 (13:00):
It? It was twenty six hundred dollars?
Speaker 2 (13:03):
WHOA? Okay, Well, what you do is you email any
If you have any document that puts an email down,
you immediately email and say I'm trying to reach you.
You have taken it for repair, I can't get hold
of you. You won't give me any information.
Speaker 3 (13:18):
Okay. That's for starters. You call them and you write down.
Speaker 2 (13:23):
Every single time you call them, and you write what
the conversation was. Here is what I said, Here is
what they said. You memorialize all of it because if
it ends up going to court, which it probably will
based on what you're telling me, you're going to have
to say I made these phone calls in addition to
the emails.
Speaker 3 (13:43):
They're going to say we never heard any phone calls.
Go here it is.
Speaker 2 (13:46):
I've timestamped it. Ten eighteen am phone call to this
number three minutes. Here is the conversation. They're going to
have a hard time.
Speaker 3 (13:55):
It's a small claim.
Speaker 2 (13:55):
Suit, Charles, and based on what you said, you're gonna
get your twenty six hundred bucks back.
Speaker 3 (14:00):
Not that hard, that's it.
Speaker 6 (14:02):
Well, I have to file that in the state they
are where?
Speaker 3 (14:05):
What state are they in?
Speaker 2 (14:07):
They're in New York and you're in and you're aware Ohio,
you're in Ohio. Any particular reason you bought a New
York water filter to be installed in Ohio.
Speaker 6 (14:20):
It's well, it's it's uh, it's one of these miracle cures.
Speaker 2 (14:28):
So uh, yeah, you may Here's okay already when when
you when you start using the word miracle of anything
that happens, you're talking scam city, okay, right there, right there,
And the fact that they won't even talk to you
and won't have anything to do with you is really problematic.
Speaker 3 (14:46):
Now, can you still sue them where? Yes, they can.
You can sue them in Ohio.
Speaker 2 (14:51):
Uh, and you'll go to the Secretary of State and
if they're if they're doing business in Ohio?
Speaker 3 (14:58):
Who installed it? By the way, was it an installer
that did it?
Speaker 6 (15:04):
This is a tabletalk unit? Oh so you well, and see,
since I since I've purchased it and read I got it,
bought it in such a short note as I was
looking at it, and my sister knew and she's having
some health problems, and she said, I'll be dead before
you get it, and so I just kind of, uh.
Speaker 2 (15:25):
Yeah, yeah, you can see if with the Secretary of
State if they have an agent for service of process,
because they sell all over the country, and you know,
I don't know if Ohio does or not, if there's
any connection or they just sell and they just ship
it out. But Miracle Miracle water products, uh, and they're
(15:46):
in New York and you're in Ohio. Even if you
get a lawsuit and they won't talk to you, I'd
be surprised if you were to go any place with that. Yeah,
you got to be really careful with that stuff, and
you always want to go locally if you can.
Speaker 3 (15:59):
But I understand what the internet is like. Sure sounds
like you got screwed to me. So let me tell you.
Speaker 2 (16:04):
If you're a business about net suite, the less your
business spends on delivering your product or service, the more
money you have, the more margin you have, the more
money you keep. And look at the prices of everything
more expensive these days. I'm going to buy a dozen
eggs today, can't even imagine what it's going to cost.
Costs have gone up on materials, employees, distribution, borrowing. Well,
(16:28):
how about reducing those costs? How about reducing headaches with
net suite, bi Oracle. Net Suite is the number one
cloud financial system, bringing accounting, financial management inventory. If you
do that and HR, which all of us do, into
one platform, so you reduce it costs. Because NetSuite lives
in the cloud, obviously no hardware required, can be accessed
(16:49):
from anywhere your phone when you're on vacation. You cut
the cost of maintaining multiple systems because you have one
unified system one. And you certainly improve efficiency by bringing
all all of the processes into one platform, which slashes
manual tasks, errors are done.
Speaker 3 (17:07):
Over thirty seven thousand companies have made this move.
Speaker 2 (17:10):
So visit netsweet dot com slash handle nets sweet Sweet
as an office suitees NetSuite dot com slash handle.
Speaker 3 (17:20):
This is handle on the law.
Speaker 1 (17:23):
You're listening to Bill Handle on demand from kf I
AM six forty.
Speaker 2 (17:30):
This is handle on the law, marginal legal advice.
Speaker 3 (17:35):
I tell you have absolutely no case.
Speaker 2 (17:37):
Hey, Margo, welcome to Handle on the law. Yes, Bill,
all right, you're the phone is great? Wit, Well, well,
what are you talking into the phone?
Speaker 3 (17:46):
Is weird? It's uh are you talking directly into the phone.
Speaker 9 (17:50):
I I'm in my car, so let me turn off
my engine and i'll will I lose you?
Speaker 3 (17:58):
I don't know. Try I mean you can drive.
Speaker 2 (18:01):
And if a cop comes around and tickets you for
talking on the phone while driving, all.
Speaker 3 (18:07):
You have to do is tell the cop. Bill Handle
says it's okay, Well, can try it. Okay, let's try it.
Let's try it with this. Okay, go ahead.
Speaker 2 (18:18):
I have a.
Speaker 9 (18:18):
Trust with my husband. Can I add an additional person
to give three thousand dollars without going to an attorney?
Speaker 3 (18:28):
Yeah, you can.
Speaker 2 (18:29):
It's an amended trust. And the language is you can
probably get on the internet. Yeah, it's yeah. Probably How
big is your trust?
Speaker 3 (18:43):
Margo?
Speaker 9 (18:45):
It's about oh gosh, property? The two properties would be.
Speaker 2 (18:52):
Just give me, give me an idea ballpark. How much
money do you have it? Property, assets, money, whatever?
Speaker 10 (18:57):
How much money hidred thousand?
Speaker 2 (19:01):
Okay, and you're going to add someone for three thousand dollars?
Probably no one is going to contest that. Now it
has to be done correctly. You can't just add a name.
You have to amend the trust when you add someone.
So I've amended my trust. I can't tell you how
many times I've been in my family trust. The beneficiaries
(19:22):
are my daughters, and every time one of them acts out,
I change the trust to leave the money to the
other one. And when that one acts out, I change
the trust back to leave it to the other one.
Speaker 3 (19:33):
And they know it.
Speaker 2 (19:34):
So I'm holding you know, so I get a lot
of really good relations with my daughters. Yeah, you can
change it, but you can't. Just as I said, you
can't just put another name in it. You're amending the trust,
and so it's another document, but it's the same language.
It's just the amended trust of and then the date.
(19:55):
And then at the end of that trust you add,
you add the additional person, you sign it, and then
you notarize that and you can do.
Speaker 3 (20:07):
That on your own probably, so that shouldn't be a problem.
Steven Hi, Stephen, welcome, go ahead.
Speaker 4 (20:17):
I have okay, I have a question that regarding trustees
and beneficiaries.
Speaker 3 (20:24):
God, I get a lot of these today.
Speaker 2 (20:26):
All right, So what's your question or what First tell
me what's going on, and then ask your question.
Speaker 5 (20:33):
Exactly.
Speaker 4 (20:33):
Yes, my wife's father and his wife at the time
set up a survivor trust bypass trust plan. Her father
was the first to pass and then the wife just
passed in January. So my wife is a trustee of
the bypass trust.
Speaker 3 (20:56):
I don't quite understand what a bypass trust is.
Speaker 2 (20:59):
There is a trust in both the trust doors are dead, right, correct?
Speaker 3 (21:04):
Okay, so, but so therefore she's the trustee.
Speaker 4 (21:10):
Well, she's a co trustee.
Speaker 3 (21:12):
Okay, So there are two trustees, all right, fair enough?
Speaker 5 (21:15):
Yeah, okay.
Speaker 4 (21:16):
The other trustee is in Utah. Okay, we're in California.
And so there's there's two trusts. One was set up
at the time that triggered when her father passed. The
other one survivor trust is now.
Speaker 2 (21:36):
Okay, when the father passed, you saying there's two trusts.
Speaker 4 (21:40):
Uh so I were confused, Mitchell.
Speaker 2 (21:45):
So, so, so your dad had or her dad had
separate money that was in a trust that he set up,
and who was the trustee of that?
Speaker 3 (21:56):
And where did that money go?
Speaker 4 (21:59):
Okay, Well, there's co trustees for that money.
Speaker 3 (22:03):
Where did the money go?
Speaker 4 (22:06):
It's been investors right now. It's sitting in a Schwab account.
Speaker 3 (22:10):
Okay, but who owns it?
Speaker 4 (22:14):
Well, there are.
Speaker 2 (22:17):
Five beneficiaries, okay, and so five beneficiaries. So you had
a trustee that has put the money into a.
Speaker 3 (22:25):
Schwab account.
Speaker 2 (22:27):
All right, and do you know what the terms of
the trust are or do you have any idea?
Speaker 4 (22:32):
Well, yeah, there's the trust. The second trust it was
I called it survivor trust. That was for the benefit
of the wife to use the bypass trust was not
all right?
Speaker 3 (22:45):
So I saw I'm assuming there were two trusts.
Speaker 2 (22:48):
Maybe I'm misunderstanding here the way you describe it, there
were two trusts, correct?
Speaker 3 (22:55):
Okay?
Speaker 2 (22:55):
Now trust that belonged to the father he is and
the money went into or the money is already in
a Schwab account. What is supposed to happen to the money?
Does this stay there forever? Or do the beneficiaries get
the money?
Speaker 4 (23:11):
No? Now that the survivor has passed, there are some
distributions to be made, okay from the second trust. Then
it all gets combined together.
Speaker 2 (23:21):
Okay, So now you okay, So it's all combined together
and it's one trust.
Speaker 3 (23:25):
All right. All the money is in one trust and the.
Speaker 2 (23:29):
Person who is now the beneficiary, the wife who owns.
The trust is dead. Okay, so now what you have
two trustees. You have two dead people, and you have
a trust now that has several beneficiaries. Do you know
what the trust says? Is the money to be distributed equally?
Is the money to be infested? What kind of power
does the trustee have or the trustees?
Speaker 4 (23:51):
Yeah, if the trust moneies were to be distributed, have
to eat scavich other own separate adult children.
Speaker 2 (24:01):
Oh, so they were going to receive it. The trustees
were going to receive the money.
Speaker 4 (24:07):
The trustees are in charge of distributing the money. No, no, no, no, no.
Speaker 2 (24:10):
You're you're conflating again the trust who are the beneficiaries?
Speaker 3 (24:15):
Are the trustees beneficiaries?
Speaker 4 (24:18):
They are? And there are three other beneficiaries right, see if.
Speaker 2 (24:21):
Five five beneficiaries. Okay, where is the money now? And
has it been distributed?
Speaker 4 (24:26):
It has not been?
Speaker 5 (24:28):
All right?
Speaker 3 (24:29):
Why is the money not distributed?
Speaker 2 (24:31):
Why are the trustees not writing checks and distributing the money?
Speaker 4 (24:35):
That's part of the problem there.
Speaker 3 (24:37):
Okay, there's your lawsuit.
Speaker 2 (24:38):
There is your lawsuit against the trustees from the beneficiaries.
Speaker 3 (24:44):
That's my money and you're not distributing it.
Speaker 4 (24:48):
Now, do we bring that in California or in Utah.
Speaker 3 (24:50):
Where's the trust written?
Speaker 4 (24:53):
Trust is was done in California.
Speaker 2 (24:55):
California is where you bring it. You need a trust
in a state lawyer. How much money are we talking
about in all this, God, it took a long time
to get there.
Speaker 3 (25:01):
How much money are you talking about, Stephen.
Speaker 4 (25:05):
We're talking about that's seven hundred and fifty thousand.
Speaker 3 (25:09):
Okay, and they're five beneficiaries.
Speaker 2 (25:11):
You said, okay, well, okay, So if two of the
trustees are beneficiaries the other three, file lawsuit against those
two and saying you're breaching your fiduciary duty. You are
not distributing it pursuit to the terms of the trust.
Speaker 4 (25:25):
We want our money, yes, say one of the trustees.
My wife and chiefs got it, not getting help from
the other trustees. That's why it's.
Speaker 2 (25:33):
You know, it's that's going to be the lawsuit where
they'll figure it out.
Speaker 3 (25:38):
Okay, you need a trust in the.
Speaker 2 (25:39):
Estate lawyer to sue the trustees on behalf of the beneficiaries.
Speaker 3 (25:43):
It's that simple.
Speaker 2 (25:45):
Okay, God, yeah, we could have done that in thirty seconds. Bill,
there's a trust. The trustees are not distributing the money.
Speaker 3 (25:57):
What do I do? That's the question.
Speaker 8 (26:00):
Hmm.
Speaker 2 (26:01):
That went well, didn't it. This is Handle on the
Law and welcome back to Handle on the Law marginal
legal advice.
Speaker 3 (26:11):
Hi, Mary, good morning, es ma'am.
Speaker 8 (26:16):
Yes, you gotta speak louder. Mary.
Speaker 2 (26:19):
This is having a hard time today with everybody.
Speaker 8 (26:23):
Okay, can you hear me now? Yes, that's not take
me whole years. For two years. We go to him,
we go to Kurt, and then we go to mediation. Mediation.
They said that she's only two thousand dollars, but she
has to go to detect it to the government. Government
(26:44):
has to play that.
Speaker 2 (26:45):
No, I can't you know, Mary, I can't you know.
I just can't hear you. I don't know if it's
wrong with the phones or just we're in bad areas.
But you can try calling back, but it's just not
going to work here. Left a hard heart, hard time, Christine.
Let's try you back.
Speaker 6 (27:01):
Hi.
Speaker 10 (27:02):
I'm great, thanks for taking my call.
Speaker 3 (27:04):
Sure.
Speaker 10 (27:05):
My question is I'm redoing my trust again for the
third time, and the will is naming my son as
a trustee and also stipulates that assets are to be
divided equal. All of my assets I put in the
name of their name the beneficiary to my trust. Okay,
(27:29):
and my son was also named as power of attorney,
with the ability to distribute in a way he so chooses.
Speaker 3 (27:36):
Wait a second would be power of attorney.
Speaker 2 (27:38):
You would just be the trustee and it would be
in the trust that he would be able to distribute.
Speaker 3 (27:44):
Any way he wants.
Speaker 2 (27:45):
Now, here's the question is if he is not the
only beneficiary and he is the trust and then you
have there's a contradiction there. And here is the contradiction,
and that is, these are the beneficiaries, but he can
distribute it anyway he wants. Now you're not talking about
(28:07):
the beneficiaries. You're talking about the way he distributes. He
can sell property, he can do whatever.
Speaker 3 (28:12):
Correct. Yeah, okay, so all right, so what's your question.
Speaker 10 (28:18):
Well, one of my children. I believe this is why
I put it in there, and I was thinking it
might protect me. I have a child that I believe
will cause some trouble. They live out of state. I
put a little clause and that's why I put him.
I put everything in the trust.
Speaker 6 (28:37):
She lives out of.
Speaker 10 (28:38):
State, and I believe, again she will cause trouble, So
I put a stipulation in there that she is not
to spend any time in my home without the presence
of my son. She's also not to spend one night
in the house.
Speaker 2 (28:54):
Okay, that's not what a trust does.
Speaker 3 (28:57):
The trust distributes assets.
Speaker 2 (29:01):
Now you can say if she spends a night, then
she will not get any money. You can cut her
off on that. So it's a weird trust saying Okay,
we're gonna hold ont of the money and not give
it to her. And the only way we're not going
to distribute it because if she spends a night in
(29:22):
the house, then she is basically removed from the trust.
Speaker 3 (29:27):
I don't know how you would do that. Yeah, that's
a tough one. I don't know. You're talking about.
Speaker 2 (29:35):
Making someone's physical presence here or there. Somehow that becomes
a requirement of the trust.
Speaker 3 (29:42):
So I don't know where you're going to go with that.
Speaker 10 (29:47):
The reason I did that is because I steel if
she comes here and spends one night here and she
will just tell my son to get lost. As far
as what.
Speaker 3 (30:01):
Let me ask you this, who's going to own the house?
Speaker 10 (30:03):
Well, right now, the house is the beneficial. The trust
is the beneficiary.
Speaker 6 (30:09):
Of my home.
Speaker 3 (30:10):
No, the trust can't be a beneficiary of your home.
Speaker 2 (30:13):
Uh, the U is a homie in the trust? Yes, okay,
so the trust owns it. The trust isn't a beneficiary.
The trust owns the home, period. So what is the
trustee he's supposed to do?
Speaker 6 (30:26):
Well, he can.
Speaker 10 (30:28):
Sell the house okay, and the idea okay.
Speaker 2 (30:32):
And and if he doesn't, what he can just it
just stays in the trust.
Speaker 10 (30:37):
Well, he could give himself all the money if he wants.
Speaker 3 (30:40):
No, he can't. No, he can't.
Speaker 2 (30:43):
No, he can't if he's a trustee and the trust.
If the trust says that the money is supposed to
be distributed equally, he cannot keep all the money.
Speaker 3 (30:51):
It doesn't work that way.
Speaker 2 (30:53):
So he may be forced to sell or rent it
and they get a third of the rent.
Speaker 3 (30:58):
I'd rewrite that trust.
Speaker 2 (31:00):
I'd go to a trust in a state attorney, boy,
and rewrite this thing immediately and tell them what you
want and.
Speaker 3 (31:05):
The trust and the attorney's going to go, you can't
do this. You can't do that.
Speaker 2 (31:09):
That one's unenforceable. From what I see. There's no way
to keep someone out of a home without it and
still distribute the money to them. So that money has
to stay in the house. Do they get some benefit during.
Speaker 3 (31:22):
The course of it?
Speaker 5 (31:23):
I don't.
Speaker 3 (31:23):
I don't even begin to know where to go with that.
Speaker 7 (31:27):
Hi, Kathy, welcome, good morning Dale, Thanks for taking my trust.
Speaker 3 (31:31):
Sure sure, quick quick question.
Speaker 7 (31:34):
There's a transfer on death deed protect my home from
coobit upon my death.
Speaker 3 (31:39):
Okay, hold on.
Speaker 2 (31:41):
Let me let me get this straight, because you've just
confused me. Okay, a transfer I don't understand.
Speaker 10 (31:50):
Does it's called a transfer on death the pod and
it would. I'm just trying to avoid and making up
a trust because all my accounts and investments.
Speaker 2 (31:59):
Well two, okay, you know what. I don't know the
answer to that. I've never heard of the transfer on death.
Speaker 3 (32:06):
I haven't.
Speaker 2 (32:07):
It goes to show you make sure you keep asking
me questions that I don't know, because that's always great fun.
Speaker 3 (32:13):
William, Hi, William, welcome, easy to eiven to remember. Yes, sir,
how are you? I don't know what can I do
for you?
Speaker 4 (32:23):
I just want to let you know man that you
guys have a great show, and thank you, Thank you
fantastic people.
Speaker 3 (32:30):
You have all Right, what's your question?
Speaker 4 (32:32):
When I got married, I made a prenup with my
wife and now it's been about ten years and I
lost the information, and my question was, how would I
go about it? Maybe looking up records on a premup.
Speaker 3 (32:45):
Yeah, there are no records of prenups.
Speaker 2 (32:48):
That's a private agreement between you and your wife, and
if you haven't kept a copy of it and she,
let's say, either has destroyed it or whatever. Yeah, prenups
are not public documents, so you don't have a prenup.
Speaker 8 (33:08):
I see.
Speaker 2 (33:09):
Yeah, isn't that fun? You lose documents. There are certain
things that are filed and prenuptial agreements are not. They
come up in divorces.
Speaker 5 (33:20):
Now.
Speaker 3 (33:21):
Bad breath absolutely no fun. No matter what you.
Speaker 2 (33:27):
Eat, well, in my case, garlic and onions, it can
cause bad breath. And of course I'm talking about Zelman's
minta Mouthmens, and I have been saying or telling you
about it for months. And for those of you that
have bought Zelman's minta Mouthmens, you know exactly what I'm
talking about.
Speaker 3 (33:41):
Boy do they work. For those of you that have not,
you have horrible breath.
Speaker 2 (33:45):
You breathe on someone, they start reeling and almost keel over.
So what you can do is swallow or bite into
these little capsules that are coated.
Speaker 3 (33:56):
With a mint pop two or three in your mouth.
Speaker 2 (33:59):
You suck them in part until that's done, and then
you swallow or bite into them and it goes to
work in your gut where it really starts. That's where
bad breath can start and stay there, and no other
mint does that at all.
Speaker 3 (34:13):
That's Zelman's minty mouth mins. So of course I've been
using them well as long as they've been around.
Speaker 2 (34:18):
So go to Zelman's dot com slash kfi. My station
Worry broadcasts from zelman z E L M I N
S dot com, slash kfi zelmans dot com slash kfi.
Speaker 3 (34:34):
This is Handle on the Law. You've been listening to
the Bill Handle Show.
Speaker 2 (34:39):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app
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