October 4, 2025 • 37 mins
Handel on the Law. Marginal Legal Advice.
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Speaker 1 (00:00):
You're listening to KFI AM six forty.
Speaker 2 (00:03):
The bill handles show on demand on the iHeartRadio f
This goes handle on the law marginal legal advice, where
I tell you you have absolutely no case.
Speaker 1 (00:16):
LA County is an interesting case. It's enormous.
Speaker 2 (00:20):
It has ten million people and the square mileage makes
it one of the largest counties in all of the
United States, and it has had some real issues. One
of the problems for years has been the Department of
Children's Services. And this is there's been settlement after settlement
(00:45):
because a the La County Department of Children and Family Services, well,
let's just say there are there's an issue or two
regarding their oversight of these kids who have been taken
for their homes have been returned to homes. One of
the philosophies of the department, and one of the philosophies
(01:07):
of the law and our policy is whenever possible, you
return kids to parents. Even after kids have been removed
from parents because the kids were in danger, we try
to get them back into the family home.
Speaker 1 (01:19):
Okay, So there is a lawsuit.
Speaker 2 (01:24):
That has been filed by a woman named Evangelina Hernandez,
who is the great grandmother of this Palmdale boy, Noah Quatro,
who was tortured and murdered by his parents in twenty nineteen.
Speaker 1 (01:42):
Now that is pretty horrific.
Speaker 2 (01:44):
And so where is the Department of Children and Family
Services involved in all this? Well, the employees of the
La County Department of Children and Family Services were.
Speaker 1 (01:57):
Told to remove the kid. There was a court order.
Speaker 2 (02:03):
To remove this young man, this child from his parents,
and they didn't do it. Therein lies a problem, and
we have case after case of this one, the pure
negligence of these workers, of which not one has been
held responsible, not one so far. Not only is no
criminal violation here, no criminal charges were filed, but they
(02:25):
still kept their jobs, and some of them were fired
and then went to court and were reinstated. And you've
got a four year old that was tortured and murdered
and the department in this case, we don't have the
name of the social worker assigned to this case.
Speaker 1 (02:47):
We're probably never gonna know. Just didn't do.
Speaker 2 (02:52):
It, just failed, And it happens unfortunately more often than not.
The attorneys for the family, the Hernandez family, particularly on
behalf or the grandmother who filed on behalf of Noah's
six year old sister and two brothers. The attorneys for
(03:12):
the family said that the murder could have been prevented
had they followed the court order. Now, is the county
going to go to trial on this? Not a chance.
Can you imagine what a jury would look at and say,
And that's what the county is looking at. So they
just settled for twenty million dollars.
Speaker 1 (03:36):
Today, when it.
Speaker 2 (03:37):
Comes to municipal governments and county governments, it almost doesn't
matter how much they set aside for settlements. They always
blow right past that because the amount of money that
is paid is well astronomical, and the number of cases
filed become bigger and they're filed more often.
Speaker 1 (03:58):
All right, let's go ahead and make some phone calls. Dan, Hello, Dan, welcome, Yes,
hi Bill.
Speaker 3 (04:07):
I purchased a vehicle. It was involved in a collision
about two years ago, and the insurance decided not to
total it, and they sent it and fixed it and
it never ran good since. Well, about fifty thousand miles later,
the engine completely died on me. The engine bull up
(04:28):
bearings are bad. It needs a new engine. And I
went to the insurance and they're like, not our fault.
It's wear and tear, and it seems like it's related
to that original collision. And I believe my max.
Speaker 1 (04:42):
Did you okay, did you hear what you just said?
It seems like it was related.
Speaker 2 (04:47):
Okay, yes, all right, so let's talk about how it
is related and how you can prove that it is related.
Speaker 3 (04:59):
Yes, sir, Yeah, Well my mechanic seems to think it's related.
Speaker 2 (05:03):
Yeah, well good, because there let me tell you, the
insurance company's going to bring a mechanic that says it's
not related, but it's It's still going to be tough
because you're going after an insurance company that is paid
to have the vehicle repaired, which they have the choice
of doing. And now fifty thousand miles later, you're arguing
(05:25):
that that repair that happened fifty thousand miles ago was
not good.
Speaker 3 (05:32):
Well, yes, yes, and I've also spent about ten grand
out of pocket to keep the engine running.
Speaker 2 (05:38):
Yeah, that's I don't think they care. I really don't.
The problem is is there a lawsuit there? Yeah?
Speaker 1 (05:44):
There may be, but I don't know where you're going
to go with that.
Speaker 2 (05:46):
I really don't because if you look at the law
says or the policy says, if we elect not to
total your car, what we can do. What we do
is bring is repair the car to where it was
before the accident. Your argument is going to be, Nope,
I'm not expecting that I want more than that that
(06:08):
was at the beginning, because if on a major repair,
the car value drops instantly, but they don't have to
do anything, which is why I think there's a form
of gap insurance that you can kick in there for
the diminuation of value, but that happens all the time.
I don't think there's much there. I don't. I think
(06:29):
it's too far apart. I think it's fifty thousand years,
two thousand miles later, it's wear and tear. I mean,
there's just too much going there, So I wouldn't Gustavo, Hi, Gustavo, welcome.
Speaker 4 (06:44):
Hi there.
Speaker 5 (06:45):
I called nine on one for medical assistance about a
month ago.
Speaker 6 (06:48):
I was suffering from COVID.
Speaker 5 (06:50):
I felt that my life was a danger. At the time,
I felt very sick. They set out an ambulance and
also the fire department. The fireman who came out refused
to administer medical care. Shoot me out, said that everybody's
had COVID and that he wasn't a ride to the hospital,
and that it wasn't going to get me in any faster. Fortunately,
the ambulance driver checked me out and saw that I
(07:10):
was having a cardiac crisis and immediately rushed me to
the hospital, where I spent a couple of weeks in
the hospital and I almost died. Do I have a
case against the fire department for refusing to administer your
medical care?
Speaker 1 (07:22):
How long was.
Speaker 2 (07:22):
It between they refused to administer medical care and the
ambulance folks discovered you were had a cardiac event and
took you to the hospital.
Speaker 1 (07:33):
What was that time pass?
Speaker 5 (07:34):
Just a couple of minute period. But had I listened
to the firefighter and let him go on his way,
I probably would have died.
Speaker 7 (07:41):
Yeah.
Speaker 2 (07:41):
And by the way, if my grandmother had the right plumbing,
she would have been my grandfather.
Speaker 1 (07:46):
But she didn't. So you're sort of stuck in.
Speaker 2 (07:49):
The same place because had they discovered two minutes earlier,
you would have gone to the hospital and you would
still be alive.
Speaker 1 (07:58):
Now you could have died. How about this. The ambulance
was going.
Speaker 2 (08:03):
So fast and could have hit someone, but and I
could have died in a car accident, but I didn't, gotcha, Bill, Yeah,
that's where you're sitting. So the good news is you're
still alive.
Speaker 1 (08:17):
Because there's only a two minute difference.
Speaker 2 (08:21):
The bad news is you don't have a case. If
I was a lawyer or family member, I'd much rather
have you died.
Speaker 1 (08:29):
All right. This is handle on the law. This is
handle on.
Speaker 2 (08:35):
The law marginal legal advice where I tell you you
have absolutely no case.
Speaker 1 (08:44):
Tony, Hi, Tony, welcome, Hi.
Speaker 7 (08:47):
Bill trusting will question. My father died two years ago.
Five siblings were the main beneficiaries. One of the siblings
was a trustee. Everything was distributed, not really appropriately as
far as I'm concerned, But anyway, we signed off, we
(09:09):
signed the acceptance waiver and agreement, and he's holding twenty
five thousand dollars in reserves that should be distributed. The
tack on it so long?
Speaker 2 (09:22):
How long as has he been holding it after the distribution?
Or let me put it this way, you've got the
trust or who died and now you have the trust.
Everybody is signed off on the trust and he is
still withholding twenty five thousand dollars.
Speaker 1 (09:37):
How long has he been withholding that?
Speaker 7 (09:40):
I believe we signed. We all signed the waiver around
August twenty fur so soon after that we all got
the distributions. But the issue is it also states that
we will not hold him accountable or sue him for
anything because we all waved.
Speaker 2 (09:59):
Okay, and then O right, okay, so I got it,
So all right, you can't sue him?
Speaker 1 (10:03):
All right?
Speaker 2 (10:03):
So he is Is he giving you a reason for
holding on to twenty five thousand dollars?
Speaker 7 (10:09):
No, he won't answer my email.
Speaker 2 (10:11):
Okay, Well, then the rest of you and this is
twenty five thousand dollars that has to be distributed among
the rest of you, correct.
Speaker 7 (10:18):
Well, including him, So that's well.
Speaker 1 (10:20):
Don't worry about him. It's not him.
Speaker 2 (10:23):
What I'm saying is if all the what I would
do is all the rest of you together hire a
trust and a state lawyer.
Speaker 1 (10:32):
And if it's six hundred bucks, how much?
Speaker 7 (10:35):
How many we don't talk?
Speaker 1 (10:37):
Oh that's a problem.
Speaker 2 (10:38):
Yeah, well yeah, you could probably sue.
Speaker 1 (10:44):
How many of you are there?
Speaker 7 (10:46):
There's five. But if I take him to small claims court,
like I've heard you mentioned before someone else who called
small claims is a lawsuit? A small claims lawsuit place
and we're we've agreed not to sue him.
Speaker 2 (11:02):
So wait, wait, wait, wait, do you mean you've agreed
who who's agreed not to sue him?
Speaker 7 (11:07):
We've agreed not to sue him since he distributed the Okay.
Speaker 2 (11:13):
I thought you guys weren't talking, So how did you
make the agreement?
Speaker 7 (11:17):
That was that was in the acceptance?
Speaker 2 (11:19):
Okay, and you're so you agreed not to sue him,
But I don't think well, the small Courts small claims
judge is not going to rule on this.
Speaker 1 (11:27):
Yeah, there there is an issue.
Speaker 2 (11:29):
Now we go back to a trust and a state lawyer,
who is all you want to do is write a letter,
And even if you agree not to sue him, he
may still be in breach of his fiduciary duty, which
is why it's time to at least talk to a
trust and a state lawyer to find out because even
if the agreement not to sue him, that means theoretically
(11:50):
he could hold onto the money for the rest of your.
Speaker 1 (11:52):
Life and you can't and you can't sue him. So
I don't think you.
Speaker 2 (11:57):
I don't think Yeah, well, is a tax audit done?
Speaker 7 (12:03):
His taxes were done, but I don't know about the
term tax audit.
Speaker 2 (12:09):
Yeah, I don't know what the tax on it it
is unless you know if the taxes have been paid,
and you talk about unless there is something lingering on.
I don't know what a tax ad it is until
you've been.
Speaker 1 (12:22):
Audited by the IRS. I know what that is.
Speaker 2 (12:25):
The IRS contacts the trustee says, hey, we're auditing this
trust or actually the distribution or whatever deduction that's taked.
You know, he can get pretty complicated. So I don't
know what that means. I would yeah, I'd write a letter.
I'd have a lawyer write a letter and say, what
the hell.
Speaker 1 (12:41):
Are you doing.
Speaker 2 (12:42):
I don't think you can wave fiduciary duty, but there's
enough money there. Let me ask you, if you contact
your siblings and say this is twenty five thousand dollars,
are you guys not interested?
Speaker 1 (12:55):
They wouldn't, they would they wouldn't answer.
Speaker 7 (13:00):
We just don't talk because we didn't agree on the
distribution of all of his belongings in the first place.
He was supposed to let the siblings.
Speaker 2 (13:09):
Okay, all right, so and I understand, okay, I get
that part of it, but they would rather leave twenty
five thousand.
Speaker 1 (13:14):
Dollars on the table.
Speaker 2 (13:16):
Than get together and go after the trustee.
Speaker 7 (13:21):
As far as I know, they would unless he distributed
it to them and not to me.
Speaker 1 (13:27):
You can't do that.
Speaker 4 (13:27):
I can't that.
Speaker 1 (13:29):
He can't do that.
Speaker 2 (13:30):
He's not allowed to do so I would, you know,
I'd send an email or have someone contact them and go, hey, guys,
do I have this right? You'd rather have him hold
on the twenty five thousand dollars than distribute it?
Speaker 1 (13:43):
Is that correct?
Speaker 2 (13:44):
And they ignore you and the answer is clearly they'd
rather have him hold on to twenty five thousand dollars
because it's that important not to talk to you.
Speaker 7 (13:53):
All right, Then you've already done that, all right.
Speaker 1 (13:56):
Then you're on your own.
Speaker 2 (13:57):
Then you have to act on your own and and
see if they've distributed or not.
Speaker 1 (14:02):
And then you have a trust in estate lawyer involved.
Speaker 2 (14:03):
You have no choice on this one, Jesse, welcome to
handle on the law.
Speaker 4 (14:10):
Yes.
Speaker 8 (14:10):
So I was working for a roofing company. It wasn't
too legit or anything like that, and I wasn't really
on the books, but i'd set off the roof during
a rainstorm and actually I cut my leg open and
I had to get about thirty seven stitches on my
right leg. Now, when I was out of work, I
(14:32):
didn't get any compensation. I didn't receive paid you know
out right?
Speaker 2 (14:38):
Did you even did you even try to file for
workers comp?
Speaker 8 (14:44):
No, sir, I didn't.
Speaker 1 (14:45):
Why didn't you try?
Speaker 4 (14:48):
Well, at the time, I just I didn't.
Speaker 8 (14:50):
I didn't really know anything in the business that he
was running.
Speaker 3 (14:54):
It wasn't, like I said, too legit.
Speaker 1 (14:57):
Yeah, okay, well, what do you mean too legit? It
was not legit at all.
Speaker 2 (15:02):
He was not licensed, not assurance, he was not paying
into workers comp and he was paying you cash.
Speaker 1 (15:07):
I'm assuming right.
Speaker 8 (15:10):
Yes, sir, he was giving me just checks that I okay.
Speaker 2 (15:12):
Tout, okay, all right, So you fell off the ladder
and fell off the roof thirty seven stations beyond that?
Speaker 1 (15:21):
Are we talking any permanent damage?
Speaker 8 (15:25):
No, not necessarily. No, just I that got cut my
leg open?
Speaker 3 (15:28):
Really about it?
Speaker 9 (15:29):
All right?
Speaker 2 (15:29):
You're lucky.
Speaker 1 (15:30):
So what can I do for you, Jesse?
Speaker 4 (15:33):
Oh?
Speaker 8 (15:34):
I was just wondering, is there anything I could do
now after the back or.
Speaker 1 (15:38):
You can try to sue him.
Speaker 2 (15:39):
You can try how long ago was this?
Speaker 4 (15:43):
This was last year?
Speaker 1 (15:44):
Okay?
Speaker 2 (15:46):
Yeah, it doesn't hurt to sue him. But you know,
a guy who runs in cash is not licensed and
is uh you know, are you going to see any
money even if you get a judgment against him? And
keep in mind you were working illegally by taking cash
because you're not allowed to work and take money under
(16:07):
the table. You have to declare it. And assuming you didn't,
did you file it with the IRS? Did you declare
the income?
Speaker 9 (16:16):
No?
Speaker 2 (16:17):
Yeah, I would you know so everybody. I mean, you
could theoretically sue him, but the big issue is collecting
money from a guy like that. That's the problem. Yeah,
so yeah, don't you know what. I don't know where
to go on that one. I mean, you can contact
a personal injury lawyer and he's out of the work
(16:38):
comp system, but you're still working for him. I don't
know how work comp law works in California. I do
when you're a legitimate business and you're paying into the system,
that's easy. I don't know how it works when you
have someone who is not licensed who works for cash.
Speaker 1 (16:54):
Is there liability?
Speaker 4 (16:56):
Yeah?
Speaker 1 (16:56):
I don't know. I don't know. That's why you want
to talk to a personal injury lawyer.
Speaker 2 (17:00):
But you know, the only good news here, Jesse is
it's not a permanent injury. You just have this hideous,
ugly scar on your leg, and you're probably so ugly
that it doesn't matter.
Speaker 1 (17:13):
Okay, okay, yeah, there's the way he laughed. You agreed
with that. This is Handle on the Law.
Speaker 9 (17:23):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (17:30):
This is Handle on the Law, Marginal Legal Advice.
Speaker 1 (17:34):
Michael. Hello, Michael, welcome to Handle on the Law.
Speaker 4 (17:38):
Well, hello Bill, Hi, I mean I love your show.
Speaker 1 (17:41):
First of all, of course you do.
Speaker 10 (17:43):
I love you you or everything. Well, I had a
problem about ten years ago. I had ibat them and
it's been a nightmare ever since. I mean, they took
money out of my account. They say the California Board
says that I owe them twenty thousand dollars.
Speaker 1 (17:59):
What board you talk about? The Franchise Tax Board.
Speaker 10 (18:02):
Yes, okay, I don't know what to do and I.
Speaker 2 (18:05):
All right, Well, first of all, you go in front
of the First of all, you ask for a hearing
in front of the tax board, the franchise tax board.
You ask for a hearing, and you can get one.
It's like automatic because you're disputing the amount that's owed.
If you can prove to them that this is identity theft,
that it's not you. Then you're off the hook and
(18:27):
you should be able to unravel your identity theft. There
are companies that do this. Now, it takes a while, Michael.
I mean, it could take you six months a year
to do it. But you've got to do it. Someone
has your identity out there and is clearly still using it.
Speaker 4 (18:43):
So you're gonna need.
Speaker 1 (18:44):
Some professional help. Now.
Speaker 2 (18:46):
The trick is finding a good company that does it,
and then you go to work because they charge money
and you will look at Yelp and look at references
and do whatever. And then when you find a company,
they go to work. Yeah, I mean, what do I
start in order to find them?
Speaker 1 (19:05):
Okay, you go, what do you do? You go?
Speaker 2 (19:09):
Credit repair services, identity theft, that's a big one. That's
the big one. Identity theft services. That's where I go.
And then take it from there. And you're going to
have to find one and just do a lot of
research because they're schlockers in this industry. It's one of
those that are pretty schlocky. That is a big problem.
Speaker 1 (19:32):
Hey, Brian, welcome to handle on the Law.
Speaker 7 (19:36):
Hi.
Speaker 6 (19:37):
I had a question about what I can expect the
company to pay me for money. I've spent fixing a
week in my house. Now, if you'll give me one second,
I'll elaborate over the years since going back to twenty
oh five, on the times in southern California, when we
(19:57):
get really heavy rain, which is not every year, or
water would lead into the back bedroom that I use
as a home office. Okay, I've spent money over the
years like putting new drainings in outside.
Speaker 11 (20:11):
And uh burn up trying to.
Speaker 6 (20:14):
Build up some land around the house, or water runs
away from the house. This year we found out that
the water leaking was coming in through the water through
the line where my cable, my TV internet cable enters
my home.
Speaker 11 (20:29):
We didn't know that until now.
Speaker 6 (20:32):
The cable company seems amenable to pay for new carpet,
and I had opened up.
Speaker 11 (20:40):
I had to open up.
Speaker 6 (20:41):
The wall, so they're gonna pay for my new uh
fixing the wall and.
Speaker 11 (20:46):
Painting the wall. But I'm wondering if one.
Speaker 6 (20:49):
Of the steps I took this year before I knew
what the problem was, I spent a couple of thousand
more on drainage and putting concrete outside my house down
by the foundation because I did that because I did
not know where the water was coming in. So I'm wondering,
is it realistic to hold try to hold them account?
Speaker 1 (21:10):
Sure, sure, absolutely, Brian.
Speaker 2 (21:12):
Now they may say no, and they probably will, but
obviously they believe that there's some liability there.
Speaker 1 (21:19):
Then the issue.
Speaker 2 (21:20):
Becomes, why didn't you have someone go out and check it?
Did you have a professional go out and check it
to find out where the water came from?
Speaker 6 (21:28):
I have two people come out, one who I think
was whatever the homeowner term is kind of a quack,
supposed to be a leak finder, and he gave me
some cock and bowl about oh, it's just coming through.
Speaker 2 (21:41):
Okay, And that was that a professional? Or how did
you get hold of this guy?
Speaker 11 (21:46):
The company was on the internet?
Speaker 1 (21:48):
Okay? And if it is it a legitimate company?
Speaker 2 (21:51):
Do you have any.
Speaker 6 (21:51):
Idea it's been like five years ago?
Speaker 2 (21:55):
Okay, Yeah, that's a problem. Five years ago is a
big problem. Okay, how about the other one?
Speaker 6 (22:01):
The other one was more of a friendship thing, So no,
not a professional.
Speaker 1 (22:05):
Okay, then that's off the table. Okay, So only I
have as a professional.
Speaker 2 (22:09):
Yeah, you can argue and go after you can try
to go after him for the two thousand dollars. But
see what the company does. But here's what the company,
cable company's gonna do. We'll pay for what we are
responsible for, and we're not gonna pay for you figuring
out beforehand everything is happening, and you're gonna say that's
why I did it.
Speaker 1 (22:30):
It's I don't know which way of court's gonna go.
Speaker 2 (22:32):
But if you take the money for the repairs, you're
probably gonna have to sign a waiver, Brian, You're probably
gonna have to sign a liability waiver.
Speaker 1 (22:38):
I'm done, We're finished. I don't pay any more money. Uh.
Speaker 2 (22:41):
Then you have the chance of saying, okay, that's just
part of my damage.
Speaker 1 (22:45):
Now when was this, When did you do this? How
many years ago did you have this done?
Speaker 6 (22:50):
The most significant money that I spent, which I'm not
expecting to get money back from years ago, but I
think it was twenty six team and I took out
cart at the first Yeah.
Speaker 2 (23:00):
I don't think you know what that money is all
spent and gone. I'll tell you what I would do
is I would just suck it up. Money's already gone done.
They're repairing what they can you get new carpet now,
you get the wall business done, or you can try
to take them to court for the whole shebang. And
I have no idea what's going to happen, because they're
going to argue you went to a quack and you
(23:23):
should have known to go.
Speaker 1 (23:24):
It's on the.
Speaker 2 (23:24):
Internet, it's license. I mean, there's just it's a huge mess.
So do I think there's liability, Yeah, but it's not
clear cut. You know, it could go either way, and
now it just becomes not a legal issue. Now it
just becomes a do you take what they're offering and
just move on with your life?
Speaker 1 (23:42):
I mean, how old are you, Brian sixty two?
Speaker 2 (23:46):
Got you sound a lot older? Okay, if you were old,
already going to go you're dying anyway. But you know,
unfortunately I'm in that range too, So you know I
can't make fun of you anymore. Okay, that's my advice,
my friend, or maybe not my friend, but just you know.
Speaker 1 (24:02):
I would suck it up. But then that's me.
Speaker 2 (24:05):
It's just one of those things where I do an
awful lot not to hassle.
Speaker 1 (24:11):
Hello, Mike, welcome to handle on the law.
Speaker 12 (24:14):
Hey will Yeah, I have a I have a shop
in San Fernando, California. The city of San Fernando has
a contract with a waste disposal company. Like, if I
want to waste in I have to contract with them.
That's not a problem. We've been doing that for years.
They sent me the bill and we paid it on time,
no problems, And they went ahead and increased the rates
(24:36):
effectively retroactively. They added like forty nine dollars per month,
which I guess they can do, But can they go
back in time without warning, without anything? And added, what
do you care it's one hundred dollars, Well it's sixty
dollars a month.
Speaker 2 (24:51):
Yeah, and you were there and they did it for
two months, right, they went back two months?
Speaker 1 (24:56):
Yeah?
Speaker 7 (24:56):
I mean, okay, what do you care? Why not go Yeah?
Speaker 1 (25:00):
But they didn't. Why not go back five years?
Speaker 2 (25:02):
But they didn't. They only back two They only went
back two months. I mean, but they didn't. So you
could say, well, they could have gone back ten years.
I'm sorry, yeah, I mean you could have a customer.
Speaker 1 (25:14):
I know, I understand. No, I understand. They were wrong.
I get it.
Speaker 2 (25:18):
They were dead wrong to retroactively charge you. They can't
do it if you have a contract. You can't go back.
Speaker 1 (25:27):
Mike. It's one hundred bucks.
Speaker 6 (25:29):
Oh, I know, I know, but well it's it's every customer.
Speaker 2 (25:32):
So I mean, so why you know, are you going
to file? Okay, why don't you file a class action
where every customer been screwed by one hundred dollars. Now,
if you file a class action, of course you're not
going to get the hundred dollars for every customer.
Speaker 1 (25:44):
They're going to get the hundred dollars.
Speaker 2 (25:46):
And you must really like all those customers for you
to go through.
Speaker 1 (25:50):
The hassle of being involved in a class action. Mine
what they did is wrong, of course it is. I
agree with you completely.
Speaker 2 (25:59):
They were Oh I'm telling you it's one hundred dollars. Yes,
you know what point I borrow twenty dollars from you
and I don't pay you back.
Speaker 1 (26:10):
At what point do you say? You know what?
Speaker 2 (26:13):
Bill's a jerk, he's an ass, but it's twenty bucks.
What am I going to do? I'll never talk to
him again. I'll tell you what. Let's start a legal action.
Speaker 1 (26:22):
Against Bill for twenty dollars. Yeah, that's my point.
Speaker 12 (26:25):
I just want I just wanted to know the legal alleys.
Speaker 1 (26:28):
Yeah, they is wrong. Yeah, it is wrong. They can't.
Speaker 2 (26:31):
If there's a contract which exists, they can't retro retroactively
go back.
Speaker 1 (26:36):
That's that's correct.
Speaker 2 (26:38):
And if that was simply the question, yes, what I
got a feeling it was more than that. This is
handle on the law and welcome back and handle on
the law.
Speaker 1 (26:50):
Marginal legal advice, hygiene. What can I do for you?
Speaker 4 (26:56):
Hi? A quick question. I am the trustee of my
mom's trust of success or trust email that's passed on.
So now I'm the trustee and I had a question
about my mom had co signed for an auto loan
the bank. Only they contacted me maybe almost years ago.
They want to do a settlement offer. I guess that's trusty.
(27:19):
I'm they haven't written me since you know about the loan?
Do I am? I supposed to contact them and say, okay.
Speaker 1 (27:23):
I wouldn't. I wouldn't. No, I wouldn't.
Speaker 2 (27:26):
By the way, do you unless you have the documents
in your hand that she is.
Speaker 1 (27:30):
A that she took or she's a guaranty. Do you
have it in your hands?
Speaker 4 (27:36):
No? I don't think so.
Speaker 2 (27:37):
How have you heard Let me ask you, how have
you heard uh that that she even is a guaranteur.
Speaker 4 (27:47):
Well, well, to be honest with you, she co signed
for my daughter to get a car.
Speaker 1 (27:51):
Okay, so you do okay, so you do know?
Speaker 2 (27:53):
Okay, all right, so you know how much is and
your and your daughter flaked out on the loan obviously.
Speaker 4 (27:58):
How much is well, you know they repossessed their car.
It was it was a band's twenty thousand, I think
it was. And they sent settlement letters and I haven't responded.
Speaker 2 (28:08):
How much is how much is the settlement? How much
is the settlement letter? What do they want you to pay?
Speaker 4 (28:14):
I didn't respond but two years ago to send me
the last letter, and it was it was at twenty
They want twenty one thousand. At that time.
Speaker 1 (28:23):
They offered how much did they offer you?
Speaker 4 (28:25):
They offered to drop it down to can but I
didn't have money. But now that she's gone, I'm still there.
Speaker 1 (28:30):
Have you already did? Have you already distributed all of
the money?
Speaker 4 (28:34):
There was no money. It was just my mom's house.
Now I'm going to need to sell it and the
pussy's from the house.
Speaker 1 (28:39):
When you know that's okay?
Speaker 4 (28:41):
Now you gets it?
Speaker 1 (28:43):
Have they made a I guess you know. It depends
on whether they've made a claim.
Speaker 2 (28:46):
I mean, you have a duty to pay the debts
of your mom and okay, yeah.
Speaker 1 (28:54):
Yeah, you have a duty to pay.
Speaker 2 (28:56):
I think I think since you know when they the
documents that.
Speaker 1 (29:01):
You have two things.
Speaker 2 (29:03):
Number one, really start negotiating with them and say, hey,
there's no money. How about taking instead of ten, take eight,
Take five thousand dollars. How much money is in the
truck once you sell the house. How much money is
there in your trust?
Speaker 4 (29:16):
It'll be about four hundred thousand.
Speaker 2 (29:18):
Okay, well, so you have plenty of money. So you
call them up and you say, there's not much money there.
I have very little money. You just make that up
and you then tell them I'm closing. The trust is
going to be distributed within three months, within four months.
(29:39):
Please wait all interest, let's negotiate for back interest to
get rid of and just start negotiating with him and
see what you can get away. Four, because you do,
the trust does owe the money. But then you know
they really do negotiate under these circumstances.
Speaker 4 (29:57):
Yes, they do, because they've been offering to you know,
make it a lower settlement at the time.
Speaker 2 (30:01):
Yeah.
Speaker 1 (30:02):
No, just keep on.
Speaker 2 (30:02):
Going, Just keep on going, and say, hey, listen, First
of all, all interest stops. You need a letter from
them saying all interest stops, because I'm I am now
selling assets from the trust, and I got one house
and it's not selling and the property, you know, the sales,
the whole sales of houses is collapsed. I don't care
(30:24):
what you say, say that, there's so many other debts
to pay.
Speaker 1 (30:29):
I have just I don't care what you say. Just
get them down.
Speaker 2 (30:33):
Negotiate, negotiate and negotiate, and if you can get him
down to five eight thousand dollars, you write a letter
saying that's it. And if I pay you within X
period of time, you walk away from that. That's what
you want to.
Speaker 4 (30:45):
Do, okay, all right? In your estimation, bill, bill lot
more more. In your estimation, would I have to pay
income tax on? Would it be a game for me? No?
Speaker 2 (30:54):
No, no, no. Inheritance is non tax. Well, depends on
how much your inherent And if you're saying four one
hundred thousand dollars, not even close, it's in the millions
of dollars before you start paying in heritage tax.
Speaker 1 (31:07):
You're fine, all right, thank you, all right, good for you.
Four hundred thousand dollars richer. What are you gonna do
with the money. I don't know, sex, drugs, rock and roll. Right?
Do you do you have family? Jean? Do you have kids?
Speaker 4 (31:22):
Yes? I have four and actually are listed. They are
actually listed as a caster trustees.
Speaker 2 (31:27):
Okay, well, and I'm assuming there are beneficiaries too.
Speaker 1 (31:30):
How close are you your kids, Jeane?
Speaker 4 (31:33):
Very close? Somebody you have the money.
Speaker 1 (31:35):
Okay, you're gonna get you. Let me tell you something.
Speaker 2 (31:36):
You're gonna get a lot closer or they're going to
get a lot closer to you.
Speaker 1 (31:39):
I guarantee that.
Speaker 2 (31:41):
Uh.
Speaker 1 (31:44):
Larry, Hi, Larry, welcome.
Speaker 9 (31:47):
Hi, Good morning, Bill. I have a question for you
about my right to sell my dad's house. Okay, all right,
So my dad is ninety two years old and he
lives by himself in his house in the San Fernano Valley.
God bless him, but he is absolutely determined to die
(32:10):
in Testate, and he has filed a deed, a transfer
on death deed, which benefits my brother and I. The
problem is my brother lives in New York and historically,
when you ask him to do something, he just never
(32:32):
does it.
Speaker 1 (32:32):
Yeah, it doesn't matter.
Speaker 9 (32:34):
Yeah, he just doesn't care.
Speaker 2 (32:36):
Yeah, nothing forces him to do that. He can he
can just say I don't want to do anything. But
it's a deed and upon your I don't quite understand
the deed upon his death transfers. That's basically a will
that transfers the property. So that one's kind of bizarre.
And if he wants to die and testate, he has
every right to do that.
Speaker 1 (32:55):
I'm just not aware of a deed.
Speaker 2 (32:57):
That upon my death transfer is the property transfers other
than here is.
Speaker 1 (33:04):
The beneficiary of my will?
Speaker 2 (33:05):
Maybe I'm I'm missing something there, but okay, yeah, so
what's your question?
Speaker 9 (33:11):
But that so that's that is how the deed works.
Is you can file the deed and the property goes
through whoever is named on the deed upon the death
of the grand tour So my brother and I are
going to own the house.
Speaker 1 (33:27):
Yeah, unless is that a remain? Is that a life
of state?
Speaker 2 (33:30):
That's that they transfer the property and then he gets
to stay at it until he dies, because I certainly
exactly Okay, that's a life estate is what it is.
Speaker 1 (33:38):
It's it's okay, it's transferring.
Speaker 2 (33:41):
The property and he has a right to stay in
the property until he dies and then but it's okay,
I got it.
Speaker 1 (33:48):
Okay, thank you, And now now I understand.
Speaker 2 (33:51):
Okay, So your dad has a life estate, okay, and
the buddy, and there's a property already in your name
and your brother's name.
Speaker 9 (33:58):
No, it's in his name until he dies.
Speaker 2 (34:02):
No, no, no, no, it doesn't work that way. If
it's in his name until he dies, it's his property.
A life estate is transferring the property and part of
the deed is he gets to stay in it until
he dies, but.
Speaker 1 (34:18):
He doesn't own it. It's the beneficiaries who own it.
Speaker 2 (34:21):
So if there's a life of state, you and your
brother get the house, but your dad gets to stay
in the house until he dies, right, okay, So the
property should already be in your name, but it's not.
Then that then there is no life Then there is
no life estate. Then it's just your dad owns a house.
And if there is a deed that transfers upon death,
(34:45):
you know, is that part of probate? This is outside
of probate. I have I have no idea, but it
doesn't seem to make any difference because the two of
you are going to get the house anyway. So what's
your question, Larry? I don't understand where.
Speaker 9 (34:56):
You're the question. So the so the question is at
the point where my brother and I own the house. Yeah,
and he does nothing right, I want to we're gonna
want to sell it.
Speaker 1 (35:07):
Then you sell a buyer, then you sell it.
Speaker 9 (35:10):
But I do I have the right to sell it
by myself. No, you've got to execute.
Speaker 2 (35:16):
No, no, what you have to do if it's in
both your names, the two of you have to agree,
and if you don't agree, you can force the sale
of the house. It is that well, it's called a
partition and you're probably gonna need a lawyer to do
it because I wouldn't know how to do it. And
what it is is you file with the court. It's
(35:36):
a document that the court orders the sale of the
house because the two of you can't agree.
Speaker 1 (35:42):
It's an automatic. By the way, Larry, he can't fight it.
Speaker 4 (35:47):
Well that sounds good.
Speaker 9 (35:48):
Would that be filed through a probate court?
Speaker 2 (35:51):
No, actually, I don't know. It's not even probate. It's
a straight lawsuit for partition. Now probate, the judge can
order the sale as part of probate.
Speaker 1 (36:02):
But I think you have your choice one way or
the other.
Speaker 2 (36:05):
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Speaker 1 (36:21):
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Speaker 2 (36:25):
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(36:47):
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(37:11):
Season three is now running around the Pain Game Podcast.
This is Handle on the Law.
Speaker 1 (37:20):
You've been listening to the Bill Handle Show.
Speaker 2 (37:22):
Catch my show Monday through Friday, six am to nine am.
And anytime on demand on the iHeartRadio app.
You're listening to KFI AM six forty.
Speaker 2 (00:03):
The bill handles show on demand on the iHeartRadio f
This goes handle on the law marginal legal advice, where
I tell you you have absolutely no case.
Speaker 1 (00:16):
LA County is an interesting case. It's enormous.
Speaker 2 (00:20):
It has ten million people and the square mileage makes
it one of the largest counties in all of the
United States, and it has had some real issues. One
of the problems for years has been the Department of
Children's Services. And this is there's been settlement after settlement
(00:45):
because a the La County Department of Children and Family Services, well,
let's just say there are there's an issue or two
regarding their oversight of these kids who have been taken
for their homes have been returned to homes. One of
the philosophies of the department, and one of the philosophies
(01:07):
of the law and our policy is whenever possible, you
return kids to parents. Even after kids have been removed
from parents because the kids were in danger, we try
to get them back into the family home.
Speaker 1 (01:19):
Okay, So there is a lawsuit.
Speaker 2 (01:24):
That has been filed by a woman named Evangelina Hernandez,
who is the great grandmother of this Palmdale boy, Noah Quatro,
who was tortured and murdered by his parents in twenty nineteen.
Speaker 1 (01:42):
Now that is pretty horrific.
Speaker 2 (01:44):
And so where is the Department of Children and Family
Services involved in all this? Well, the employees of the
La County Department of Children and Family Services were.
Speaker 1 (01:57):
Told to remove the kid. There was a court order.
Speaker 2 (02:03):
To remove this young man, this child from his parents,
and they didn't do it. Therein lies a problem, and
we have case after case of this one, the pure
negligence of these workers, of which not one has been
held responsible, not one so far. Not only is no
criminal violation here, no criminal charges were filed, but they
(02:25):
still kept their jobs, and some of them were fired
and then went to court and were reinstated. And you've
got a four year old that was tortured and murdered
and the department in this case, we don't have the
name of the social worker assigned to this case.
Speaker 1 (02:47):
We're probably never gonna know. Just didn't do.
Speaker 2 (02:52):
It, just failed, And it happens unfortunately more often than not.
The attorneys for the family, the Hernandez family, particularly on
behalf or the grandmother who filed on behalf of Noah's
six year old sister and two brothers. The attorneys for
(03:12):
the family said that the murder could have been prevented
had they followed the court order. Now, is the county
going to go to trial on this? Not a chance.
Can you imagine what a jury would look at and say,
And that's what the county is looking at. So they
just settled for twenty million dollars.
Speaker 1 (03:36):
Today, when it.
Speaker 2 (03:37):
Comes to municipal governments and county governments, it almost doesn't
matter how much they set aside for settlements. They always
blow right past that because the amount of money that
is paid is well astronomical, and the number of cases
filed become bigger and they're filed more often.
Speaker 1 (03:58):
All right, let's go ahead and make some phone calls. Dan, Hello, Dan, welcome, Yes,
hi Bill.
Speaker 3 (04:07):
I purchased a vehicle. It was involved in a collision
about two years ago, and the insurance decided not to
total it, and they sent it and fixed it and
it never ran good since. Well, about fifty thousand miles later,
the engine completely died on me. The engine bull up
(04:28):
bearings are bad. It needs a new engine. And I
went to the insurance and they're like, not our fault.
It's wear and tear, and it seems like it's related
to that original collision. And I believe my max.
Speaker 1 (04:42):
Did you okay, did you hear what you just said?
It seems like it was related.
Speaker 2 (04:47):
Okay, yes, all right, so let's talk about how it
is related and how you can prove that it is related.
Speaker 3 (04:59):
Yes, sir, Yeah, Well my mechanic seems to think it's related.
Speaker 2 (05:03):
Yeah, well good, because there let me tell you, the
insurance company's going to bring a mechanic that says it's
not related, but it's It's still going to be tough
because you're going after an insurance company that is paid
to have the vehicle repaired, which they have the choice
of doing. And now fifty thousand miles later, you're arguing
(05:25):
that that repair that happened fifty thousand miles ago was
not good.
Speaker 3 (05:32):
Well, yes, yes, and I've also spent about ten grand
out of pocket to keep the engine running.
Speaker 2 (05:38):
Yeah, that's I don't think they care. I really don't.
The problem is is there a lawsuit there? Yeah?
Speaker 1 (05:44):
There may be, but I don't know where you're going
to go with that.
Speaker 2 (05:46):
I really don't because if you look at the law
says or the policy says, if we elect not to
total your car, what we can do. What we do
is bring is repair the car to where it was
before the accident. Your argument is going to be, Nope,
I'm not expecting that I want more than that that
(06:08):
was at the beginning, because if on a major repair,
the car value drops instantly, but they don't have to
do anything, which is why I think there's a form
of gap insurance that you can kick in there for
the diminuation of value, but that happens all the time.
I don't think there's much there. I don't. I think
(06:29):
it's too far apart. I think it's fifty thousand years,
two thousand miles later, it's wear and tear. I mean,
there's just too much going there, So I wouldn't Gustavo, Hi, Gustavo, welcome.
Speaker 4 (06:44):
Hi there.
Speaker 5 (06:45):
I called nine on one for medical assistance about a
month ago.
Speaker 6 (06:48):
I was suffering from COVID.
Speaker 5 (06:50):
I felt that my life was a danger. At the time,
I felt very sick. They set out an ambulance and
also the fire department. The fireman who came out refused
to administer medical care. Shoot me out, said that everybody's
had COVID and that he wasn't a ride to the hospital,
and that it wasn't going to get me in any faster. Fortunately,
the ambulance driver checked me out and saw that I
(07:10):
was having a cardiac crisis and immediately rushed me to
the hospital, where I spent a couple of weeks in
the hospital and I almost died. Do I have a
case against the fire department for refusing to administer your
medical care?
Speaker 1 (07:22):
How long was.
Speaker 2 (07:22):
It between they refused to administer medical care and the
ambulance folks discovered you were had a cardiac event and
took you to the hospital.
Speaker 1 (07:33):
What was that time pass?
Speaker 5 (07:34):
Just a couple of minute period. But had I listened
to the firefighter and let him go on his way,
I probably would have died.
Speaker 7 (07:41):
Yeah.
Speaker 2 (07:41):
And by the way, if my grandmother had the right plumbing,
she would have been my grandfather.
Speaker 1 (07:46):
But she didn't. So you're sort of stuck in.
Speaker 2 (07:49):
The same place because had they discovered two minutes earlier,
you would have gone to the hospital and you would
still be alive.
Speaker 1 (07:58):
Now you could have died. How about this. The ambulance
was going.
Speaker 2 (08:03):
So fast and could have hit someone, but and I
could have died in a car accident, but I didn't, gotcha, Bill, Yeah,
that's where you're sitting. So the good news is you're
still alive.
Speaker 1 (08:17):
Because there's only a two minute difference.
Speaker 2 (08:21):
The bad news is you don't have a case. If
I was a lawyer or family member, I'd much rather
have you died.
Speaker 1 (08:29):
All right. This is handle on the law. This is
handle on.
Speaker 2 (08:35):
The law marginal legal advice where I tell you you
have absolutely no case.
Speaker 1 (08:44):
Tony, Hi, Tony, welcome, Hi.
Speaker 7 (08:47):
Bill trusting will question. My father died two years ago.
Five siblings were the main beneficiaries. One of the siblings
was a trustee. Everything was distributed, not really appropriately as
far as I'm concerned, But anyway, we signed off, we
(09:09):
signed the acceptance waiver and agreement, and he's holding twenty
five thousand dollars in reserves that should be distributed. The
tack on it so long?
Speaker 2 (09:22):
How long as has he been holding it after the distribution?
Or let me put it this way, you've got the
trust or who died and now you have the trust.
Everybody is signed off on the trust and he is
still withholding twenty five thousand dollars.
Speaker 1 (09:37):
How long has he been withholding that?
Speaker 7 (09:40):
I believe we signed. We all signed the waiver around
August twenty fur so soon after that we all got
the distributions. But the issue is it also states that
we will not hold him accountable or sue him for
anything because we all waved.
Speaker 2 (09:59):
Okay, and then O right, okay, so I got it,
So all right, you can't sue him?
Speaker 1 (10:03):
All right?
Speaker 2 (10:03):
So he is Is he giving you a reason for
holding on to twenty five thousand dollars?
Speaker 7 (10:09):
No, he won't answer my email.
Speaker 2 (10:11):
Okay, Well, then the rest of you and this is
twenty five thousand dollars that has to be distributed among
the rest of you, correct.
Speaker 7 (10:18):
Well, including him, So that's well.
Speaker 1 (10:20):
Don't worry about him. It's not him.
Speaker 2 (10:23):
What I'm saying is if all the what I would
do is all the rest of you together hire a
trust and a state lawyer.
Speaker 1 (10:32):
And if it's six hundred bucks, how much?
Speaker 7 (10:35):
How many we don't talk?
Speaker 1 (10:37):
Oh that's a problem.
Speaker 2 (10:38):
Yeah, well yeah, you could probably sue.
Speaker 1 (10:44):
How many of you are there?
Speaker 7 (10:46):
There's five. But if I take him to small claims court,
like I've heard you mentioned before someone else who called
small claims is a lawsuit? A small claims lawsuit place
and we're we've agreed not to sue him.
Speaker 2 (11:02):
So wait, wait, wait, wait, do you mean you've agreed
who who's agreed not to sue him?
Speaker 7 (11:07):
We've agreed not to sue him since he distributed the Okay.
Speaker 2 (11:13):
I thought you guys weren't talking, So how did you
make the agreement?
Speaker 7 (11:17):
That was that was in the acceptance?
Speaker 2 (11:19):
Okay, and you're so you agreed not to sue him,
But I don't think well, the small Courts small claims
judge is not going to rule on this.
Speaker 1 (11:27):
Yeah, there there is an issue.
Speaker 2 (11:29):
Now we go back to a trust and a state lawyer,
who is all you want to do is write a letter,
And even if you agree not to sue him, he
may still be in breach of his fiduciary duty, which
is why it's time to at least talk to a
trust and a state lawyer to find out because even
if the agreement not to sue him, that means theoretically
(11:50):
he could hold onto the money for the rest of your.
Speaker 1 (11:52):
Life and you can't and you can't sue him. So
I don't think you.
Speaker 2 (11:57):
I don't think Yeah, well, is a tax audit done?
Speaker 7 (12:03):
His taxes were done, but I don't know about the
term tax audit.
Speaker 2 (12:09):
Yeah, I don't know what the tax on it it
is unless you know if the taxes have been paid,
and you talk about unless there is something lingering on.
I don't know what a tax ad it is until
you've been.
Speaker 1 (12:22):
Audited by the IRS. I know what that is.
Speaker 2 (12:25):
The IRS contacts the trustee says, hey, we're auditing this
trust or actually the distribution or whatever deduction that's taked.
You know, he can get pretty complicated. So I don't
know what that means. I would yeah, I'd write a letter.
I'd have a lawyer write a letter and say, what
the hell.
Speaker 1 (12:41):
Are you doing.
Speaker 2 (12:42):
I don't think you can wave fiduciary duty, but there's
enough money there. Let me ask you, if you contact
your siblings and say this is twenty five thousand dollars,
are you guys not interested?
Speaker 1 (12:55):
They wouldn't, they would they wouldn't answer.
Speaker 7 (13:00):
We just don't talk because we didn't agree on the
distribution of all of his belongings in the first place.
He was supposed to let the siblings.
Speaker 2 (13:09):
Okay, all right, so and I understand, okay, I get
that part of it, but they would rather leave twenty
five thousand.
Speaker 1 (13:14):
Dollars on the table.
Speaker 2 (13:16):
Than get together and go after the trustee.
Speaker 7 (13:21):
As far as I know, they would unless he distributed
it to them and not to me.
Speaker 1 (13:27):
You can't do that.
Speaker 4 (13:27):
I can't that.
Speaker 1 (13:29):
He can't do that.
Speaker 2 (13:30):
He's not allowed to do so I would, you know,
I'd send an email or have someone contact them and go, hey, guys,
do I have this right? You'd rather have him hold
on the twenty five thousand dollars than distribute it?
Speaker 1 (13:43):
Is that correct?
Speaker 2 (13:44):
And they ignore you and the answer is clearly they'd
rather have him hold on to twenty five thousand dollars
because it's that important not to talk to you.
Speaker 7 (13:53):
All right, Then you've already done that, all right.
Speaker 1 (13:56):
Then you're on your own.
Speaker 2 (13:57):
Then you have to act on your own and and
see if they've distributed or not.
Speaker 1 (14:02):
And then you have a trust in estate lawyer involved.
Speaker 2 (14:03):
You have no choice on this one, Jesse, welcome to
handle on the law.
Speaker 4 (14:10):
Yes.
Speaker 8 (14:10):
So I was working for a roofing company. It wasn't
too legit or anything like that, and I wasn't really
on the books, but i'd set off the roof during
a rainstorm and actually I cut my leg open and
I had to get about thirty seven stitches on my
right leg. Now, when I was out of work, I
(14:32):
didn't get any compensation. I didn't receive paid you know
out right?
Speaker 2 (14:38):
Did you even did you even try to file for
workers comp?
Speaker 8 (14:44):
No, sir, I didn't.
Speaker 1 (14:45):
Why didn't you try?
Speaker 4 (14:48):
Well, at the time, I just I didn't.
Speaker 8 (14:50):
I didn't really know anything in the business that he
was running.
Speaker 3 (14:54):
It wasn't, like I said, too legit.
Speaker 1 (14:57):
Yeah, okay, well, what do you mean too legit? It
was not legit at all.
Speaker 2 (15:02):
He was not licensed, not assurance, he was not paying
into workers comp and he was paying you cash.
Speaker 1 (15:07):
I'm assuming right.
Speaker 8 (15:10):
Yes, sir, he was giving me just checks that I okay.
Speaker 2 (15:12):
Tout, okay, all right, So you fell off the ladder
and fell off the roof thirty seven stations beyond that?
Speaker 1 (15:21):
Are we talking any permanent damage?
Speaker 8 (15:25):
No, not necessarily. No, just I that got cut my
leg open?
Speaker 3 (15:28):
Really about it?
Speaker 9 (15:29):
All right?
Speaker 2 (15:29):
You're lucky.
Speaker 1 (15:30):
So what can I do for you, Jesse?
Speaker 4 (15:33):
Oh?
Speaker 8 (15:34):
I was just wondering, is there anything I could do
now after the back or.
Speaker 1 (15:38):
You can try to sue him.
Speaker 2 (15:39):
You can try how long ago was this?
Speaker 4 (15:43):
This was last year?
Speaker 1 (15:44):
Okay?
Speaker 2 (15:46):
Yeah, it doesn't hurt to sue him. But you know,
a guy who runs in cash is not licensed and
is uh you know, are you going to see any
money even if you get a judgment against him? And
keep in mind you were working illegally by taking cash
because you're not allowed to work and take money under
(16:07):
the table. You have to declare it. And assuming you didn't,
did you file it with the IRS? Did you declare
the income?
Speaker 9 (16:16):
No?
Speaker 2 (16:17):
Yeah, I would you know so everybody. I mean, you
could theoretically sue him, but the big issue is collecting
money from a guy like that. That's the problem. Yeah,
so yeah, don't you know what. I don't know where
to go on that one. I mean, you can contact
a personal injury lawyer and he's out of the work
(16:38):
comp system, but you're still working for him. I don't
know how work comp law works in California. I do
when you're a legitimate business and you're paying into the system,
that's easy. I don't know how it works when you
have someone who is not licensed who works for cash.
Speaker 1 (16:54):
Is there liability?
Speaker 4 (16:56):
Yeah?
Speaker 1 (16:56):
I don't know. I don't know. That's why you want
to talk to a personal injury lawyer.
Speaker 2 (17:00):
But you know, the only good news here, Jesse is
it's not a permanent injury. You just have this hideous,
ugly scar on your leg, and you're probably so ugly
that it doesn't matter.
Speaker 1 (17:13):
Okay, okay, yeah, there's the way he laughed. You agreed
with that. This is Handle on the Law.
Speaker 9 (17:23):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (17:30):
This is Handle on the Law, Marginal Legal Advice.
Speaker 1 (17:34):
Michael. Hello, Michael, welcome to Handle on the Law.
Speaker 4 (17:38):
Well, hello Bill, Hi, I mean I love your show.
Speaker 1 (17:41):
First of all, of course you do.
Speaker 10 (17:43):
I love you you or everything. Well, I had a
problem about ten years ago. I had ibat them and
it's been a nightmare ever since. I mean, they took
money out of my account. They say the California Board
says that I owe them twenty thousand dollars.
Speaker 1 (17:59):
What board you talk about? The Franchise Tax Board.
Speaker 10 (18:02):
Yes, okay, I don't know what to do and I.
Speaker 2 (18:05):
All right, Well, first of all, you go in front
of the First of all, you ask for a hearing
in front of the tax board, the franchise tax board.
You ask for a hearing, and you can get one.
It's like automatic because you're disputing the amount that's owed.
If you can prove to them that this is identity theft,
that it's not you. Then you're off the hook and
(18:27):
you should be able to unravel your identity theft. There
are companies that do this. Now, it takes a while, Michael.
I mean, it could take you six months a year
to do it. But you've got to do it. Someone
has your identity out there and is clearly still using it.
Speaker 4 (18:43):
So you're gonna need.
Speaker 1 (18:44):
Some professional help. Now.
Speaker 2 (18:46):
The trick is finding a good company that does it,
and then you go to work because they charge money
and you will look at Yelp and look at references
and do whatever. And then when you find a company,
they go to work. Yeah, I mean, what do I
start in order to find them?
Speaker 1 (19:05):
Okay, you go, what do you do? You go?
Speaker 2 (19:09):
Credit repair services, identity theft, that's a big one. That's
the big one. Identity theft services. That's where I go.
And then take it from there. And you're going to
have to find one and just do a lot of
research because they're schlockers in this industry. It's one of
those that are pretty schlocky. That is a big problem.
Speaker 1 (19:32):
Hey, Brian, welcome to handle on the Law.
Speaker 7 (19:36):
Hi.
Speaker 6 (19:37):
I had a question about what I can expect the
company to pay me for money. I've spent fixing a
week in my house. Now, if you'll give me one second,
I'll elaborate over the years since going back to twenty
oh five, on the times in southern California, when we
(19:57):
get really heavy rain, which is not every year, or
water would lead into the back bedroom that I use
as a home office. Okay, I've spent money over the
years like putting new drainings in outside.
Speaker 11 (20:11):
And uh burn up trying to.
Speaker 6 (20:14):
Build up some land around the house, or water runs
away from the house. This year we found out that
the water leaking was coming in through the water through
the line where my cable, my TV internet cable enters
my home.
Speaker 11 (20:29):
We didn't know that until now.
Speaker 6 (20:32):
The cable company seems amenable to pay for new carpet,
and I had opened up.
Speaker 11 (20:40):
I had to open up.
Speaker 6 (20:41):
The wall, so they're gonna pay for my new uh
fixing the wall and.
Speaker 11 (20:46):
Painting the wall. But I'm wondering if one.
Speaker 6 (20:49):
Of the steps I took this year before I knew
what the problem was, I spent a couple of thousand
more on drainage and putting concrete outside my house down
by the foundation because I did that because I did
not know where the water was coming in. So I'm wondering,
is it realistic to hold try to hold them account?
Speaker 1 (21:10):
Sure, sure, absolutely, Brian.
Speaker 2 (21:12):
Now they may say no, and they probably will, but
obviously they believe that there's some liability there.
Speaker 1 (21:19):
Then the issue.
Speaker 2 (21:20):
Becomes, why didn't you have someone go out and check it?
Did you have a professional go out and check it
to find out where the water came from?
Speaker 6 (21:28):
I have two people come out, one who I think
was whatever the homeowner term is kind of a quack,
supposed to be a leak finder, and he gave me
some cock and bowl about oh, it's just coming through.
Speaker 2 (21:41):
Okay, And that was that a professional? Or how did
you get hold of this guy?
Speaker 11 (21:46):
The company was on the internet?
Speaker 1 (21:48):
Okay? And if it is it a legitimate company?
Speaker 2 (21:51):
Do you have any.
Speaker 6 (21:51):
Idea it's been like five years ago?
Speaker 2 (21:55):
Okay, Yeah, that's a problem. Five years ago is a
big problem. Okay, how about the other one?
Speaker 6 (22:01):
The other one was more of a friendship thing, So no,
not a professional.
Speaker 1 (22:05):
Okay, then that's off the table. Okay, So only I
have as a professional.
Speaker 2 (22:09):
Yeah, you can argue and go after you can try
to go after him for the two thousand dollars. But
see what the company does. But here's what the company,
cable company's gonna do. We'll pay for what we are
responsible for, and we're not gonna pay for you figuring
out beforehand everything is happening, and you're gonna say that's
why I did it.
Speaker 1 (22:30):
It's I don't know which way of court's gonna go.
Speaker 2 (22:32):
But if you take the money for the repairs, you're
probably gonna have to sign a waiver, Brian, You're probably
gonna have to sign a liability waiver.
Speaker 1 (22:38):
I'm done, We're finished. I don't pay any more money. Uh.
Speaker 2 (22:41):
Then you have the chance of saying, okay, that's just
part of my damage.
Speaker 1 (22:45):
Now when was this, When did you do this? How
many years ago did you have this done?
Speaker 6 (22:50):
The most significant money that I spent, which I'm not
expecting to get money back from years ago, but I
think it was twenty six team and I took out
cart at the first Yeah.
Speaker 2 (23:00):
I don't think you know what that money is all
spent and gone. I'll tell you what I would do
is I would just suck it up. Money's already gone done.
They're repairing what they can you get new carpet now,
you get the wall business done, or you can try
to take them to court for the whole shebang. And
I have no idea what's going to happen, because they're
going to argue you went to a quack and you
(23:23):
should have known to go.
Speaker 1 (23:24):
It's on the.
Speaker 2 (23:24):
Internet, it's license. I mean, there's just it's a huge mess.
So do I think there's liability, Yeah, but it's not
clear cut. You know, it could go either way, and
now it just becomes not a legal issue. Now it
just becomes a do you take what they're offering and
just move on with your life?
Speaker 1 (23:42):
I mean, how old are you, Brian sixty two?
Speaker 2 (23:46):
Got you sound a lot older? Okay, if you were old,
already going to go you're dying anyway. But you know,
unfortunately I'm in that range too, So you know I
can't make fun of you anymore. Okay, that's my advice,
my friend, or maybe not my friend, but just you know.
Speaker 1 (24:02):
I would suck it up. But then that's me.
Speaker 2 (24:05):
It's just one of those things where I do an
awful lot not to hassle.
Speaker 1 (24:11):
Hello, Mike, welcome to handle on the law.
Speaker 12 (24:14):
Hey will Yeah, I have a I have a shop
in San Fernando, California. The city of San Fernando has
a contract with a waste disposal company. Like, if I
want to waste in I have to contract with them.
That's not a problem. We've been doing that for years.
They sent me the bill and we paid it on time,
no problems, And they went ahead and increased the rates
(24:36):
effectively retroactively. They added like forty nine dollars per month,
which I guess they can do, But can they go
back in time without warning, without anything? And added, what
do you care it's one hundred dollars, Well it's sixty
dollars a month.
Speaker 2 (24:51):
Yeah, and you were there and they did it for
two months, right, they went back two months?
Speaker 1 (24:56):
Yeah?
Speaker 7 (24:56):
I mean, okay, what do you care? Why not go Yeah?
Speaker 1 (25:00):
But they didn't. Why not go back five years?
Speaker 2 (25:02):
But they didn't. They only back two They only went
back two months. I mean, but they didn't. So you
could say, well, they could have gone back ten years.
I'm sorry, yeah, I mean you could have a customer.
Speaker 1 (25:14):
I know, I understand. No, I understand. They were wrong.
I get it.
Speaker 2 (25:18):
They were dead wrong to retroactively charge you. They can't
do it if you have a contract. You can't go back.
Speaker 1 (25:27):
Mike. It's one hundred bucks.
Speaker 6 (25:29):
Oh, I know, I know, but well it's it's every customer.
Speaker 2 (25:32):
So I mean, so why you know, are you going
to file? Okay, why don't you file a class action
where every customer been screwed by one hundred dollars. Now,
if you file a class action, of course you're not
going to get the hundred dollars for every customer.
Speaker 1 (25:44):
They're going to get the hundred dollars.
Speaker 2 (25:46):
And you must really like all those customers for you
to go through.
Speaker 1 (25:50):
The hassle of being involved in a class action. Mine
what they did is wrong, of course it is. I
agree with you completely.
Speaker 2 (25:59):
They were Oh I'm telling you it's one hundred dollars. Yes,
you know what point I borrow twenty dollars from you
and I don't pay you back.
Speaker 1 (26:10):
At what point do you say? You know what?
Speaker 2 (26:13):
Bill's a jerk, he's an ass, but it's twenty bucks.
What am I going to do? I'll never talk to
him again. I'll tell you what. Let's start a legal action.
Speaker 1 (26:22):
Against Bill for twenty dollars. Yeah, that's my point.
Speaker 12 (26:25):
I just want I just wanted to know the legal alleys.
Speaker 1 (26:28):
Yeah, they is wrong. Yeah, it is wrong. They can't.
Speaker 2 (26:31):
If there's a contract which exists, they can't retro retroactively
go back.
Speaker 1 (26:36):
That's that's correct.
Speaker 2 (26:38):
And if that was simply the question, yes, what I
got a feeling it was more than that. This is
handle on the law and welcome back and handle on
the law.
Speaker 1 (26:50):
Marginal legal advice, hygiene. What can I do for you?
Speaker 4 (26:56):
Hi? A quick question. I am the trustee of my
mom's trust of success or trust email that's passed on.
So now I'm the trustee and I had a question
about my mom had co signed for an auto loan
the bank. Only they contacted me maybe almost years ago.
They want to do a settlement offer. I guess that's trusty.
(27:19):
I'm they haven't written me since you know about the loan?
Do I am? I supposed to contact them and say, okay.
Speaker 1 (27:23):
I wouldn't. I wouldn't. No, I wouldn't.
Speaker 2 (27:26):
By the way, do you unless you have the documents
in your hand that she is.
Speaker 1 (27:30):
A that she took or she's a guaranty. Do you
have it in your hands?
Speaker 4 (27:36):
No? I don't think so.
Speaker 2 (27:37):
How have you heard Let me ask you, how have
you heard uh that that she even is a guaranteur.
Speaker 4 (27:47):
Well, well, to be honest with you, she co signed
for my daughter to get a car.
Speaker 1 (27:51):
Okay, so you do okay, so you do know?
Speaker 2 (27:53):
Okay, all right, so you know how much is and
your and your daughter flaked out on the loan obviously.
Speaker 4 (27:58):
How much is well, you know they repossessed their car.
It was it was a band's twenty thousand, I think
it was. And they sent settlement letters and I haven't responded.
Speaker 2 (28:08):
How much is how much is the settlement? How much
is the settlement letter? What do they want you to pay?
Speaker 4 (28:14):
I didn't respond but two years ago to send me
the last letter, and it was it was at twenty
They want twenty one thousand. At that time.
Speaker 1 (28:23):
They offered how much did they offer you?
Speaker 4 (28:25):
They offered to drop it down to can but I
didn't have money. But now that she's gone, I'm still there.
Speaker 1 (28:30):
Have you already did? Have you already distributed all of
the money?
Speaker 4 (28:34):
There was no money. It was just my mom's house.
Now I'm going to need to sell it and the
pussy's from the house.
Speaker 1 (28:39):
When you know that's okay?
Speaker 4 (28:41):
Now you gets it?
Speaker 1 (28:43):
Have they made a I guess you know. It depends
on whether they've made a claim.
Speaker 2 (28:46):
I mean, you have a duty to pay the debts
of your mom and okay, yeah.
Speaker 1 (28:54):
Yeah, you have a duty to pay.
Speaker 2 (28:56):
I think I think since you know when they the
documents that.
Speaker 1 (29:01):
You have two things.
Speaker 2 (29:03):
Number one, really start negotiating with them and say, hey,
there's no money. How about taking instead of ten, take eight,
Take five thousand dollars. How much money is in the
truck once you sell the house. How much money is
there in your trust?
Speaker 4 (29:16):
It'll be about four hundred thousand.
Speaker 2 (29:18):
Okay, well, so you have plenty of money. So you
call them up and you say, there's not much money there.
I have very little money. You just make that up
and you then tell them I'm closing. The trust is
going to be distributed within three months, within four months.
(29:39):
Please wait all interest, let's negotiate for back interest to
get rid of and just start negotiating with him and
see what you can get away. Four, because you do,
the trust does owe the money. But then you know
they really do negotiate under these circumstances.
Speaker 4 (29:57):
Yes, they do, because they've been offering to you know,
make it a lower settlement at the time.
Speaker 2 (30:01):
Yeah.
Speaker 1 (30:02):
No, just keep on.
Speaker 2 (30:02):
Going, Just keep on going, and say, hey, listen, First
of all, all interest stops. You need a letter from
them saying all interest stops, because I'm I am now
selling assets from the trust, and I got one house
and it's not selling and the property, you know, the sales,
the whole sales of houses is collapsed. I don't care
(30:24):
what you say, say that, there's so many other debts
to pay.
Speaker 1 (30:29):
I have just I don't care what you say. Just
get them down.
Speaker 2 (30:33):
Negotiate, negotiate and negotiate, and if you can get him
down to five eight thousand dollars, you write a letter
saying that's it. And if I pay you within X
period of time, you walk away from that. That's what
you want to.
Speaker 4 (30:45):
Do, okay, all right? In your estimation, bill, bill lot
more more. In your estimation, would I have to pay
income tax on? Would it be a game for me? No?
Speaker 2 (30:54):
No, no, no. Inheritance is non tax. Well, depends on
how much your inherent And if you're saying four one
hundred thousand dollars, not even close, it's in the millions
of dollars before you start paying in heritage tax.
Speaker 1 (31:07):
You're fine, all right, thank you, all right, good for you.
Four hundred thousand dollars richer. What are you gonna do
with the money. I don't know, sex, drugs, rock and roll. Right?
Do you do you have family? Jean? Do you have kids?
Speaker 4 (31:22):
Yes? I have four and actually are listed. They are
actually listed as a caster trustees.
Speaker 2 (31:27):
Okay, well, and I'm assuming there are beneficiaries too.
Speaker 1 (31:30):
How close are you your kids, Jeane?
Speaker 4 (31:33):
Very close? Somebody you have the money.
Speaker 1 (31:35):
Okay, you're gonna get you. Let me tell you something.
Speaker 2 (31:36):
You're gonna get a lot closer or they're going to
get a lot closer to you.
Speaker 1 (31:39):
I guarantee that.
Speaker 2 (31:41):
Uh.
Speaker 1 (31:44):
Larry, Hi, Larry, welcome.
Speaker 9 (31:47):
Hi, Good morning, Bill. I have a question for you
about my right to sell my dad's house. Okay, all right,
So my dad is ninety two years old and he
lives by himself in his house in the San Fernano Valley.
God bless him, but he is absolutely determined to die
(32:10):
in Testate, and he has filed a deed, a transfer
on death deed, which benefits my brother and I. The
problem is my brother lives in New York and historically,
when you ask him to do something, he just never
(32:32):
does it.
Speaker 1 (32:32):
Yeah, it doesn't matter.
Speaker 9 (32:34):
Yeah, he just doesn't care.
Speaker 2 (32:36):
Yeah, nothing forces him to do that. He can he
can just say I don't want to do anything. But
it's a deed and upon your I don't quite understand
the deed upon his death transfers. That's basically a will
that transfers the property. So that one's kind of bizarre.
And if he wants to die and testate, he has
every right to do that.
Speaker 1 (32:55):
I'm just not aware of a deed.
Speaker 2 (32:57):
That upon my death transfer is the property transfers other
than here is.
Speaker 1 (33:04):
The beneficiary of my will?
Speaker 2 (33:05):
Maybe I'm I'm missing something there, but okay, yeah, so
what's your question?
Speaker 9 (33:11):
But that so that's that is how the deed works.
Is you can file the deed and the property goes
through whoever is named on the deed upon the death
of the grand tour So my brother and I are
going to own the house.
Speaker 1 (33:27):
Yeah, unless is that a remain? Is that a life
of state?
Speaker 2 (33:30):
That's that they transfer the property and then he gets
to stay at it until he dies, because I certainly
exactly Okay, that's a life estate is what it is.
Speaker 1 (33:38):
It's it's okay, it's transferring.
Speaker 2 (33:41):
The property and he has a right to stay in
the property until he dies and then but it's okay,
I got it.
Speaker 1 (33:48):
Okay, thank you, And now now I understand.
Speaker 2 (33:51):
Okay, So your dad has a life estate, okay, and
the buddy, and there's a property already in your name
and your brother's name.
Speaker 9 (33:58):
No, it's in his name until he dies.
Speaker 2 (34:02):
No, no, no, no, it doesn't work that way. If
it's in his name until he dies, it's his property.
A life estate is transferring the property and part of
the deed is he gets to stay in it until
he dies, but.
Speaker 1 (34:18):
He doesn't own it. It's the beneficiaries who own it.
Speaker 2 (34:21):
So if there's a life of state, you and your
brother get the house, but your dad gets to stay
in the house until he dies, right, okay, So the
property should already be in your name, but it's not.
Then that then there is no life Then there is
no life estate. Then it's just your dad owns a house.
And if there is a deed that transfers upon death,
(34:45):
you know, is that part of probate? This is outside
of probate. I have I have no idea, but it
doesn't seem to make any difference because the two of
you are going to get the house anyway. So what's
your question, Larry? I don't understand where.
Speaker 9 (34:56):
You're the question. So the so the question is at
the point where my brother and I own the house. Yeah,
and he does nothing right, I want to we're gonna
want to sell it.
Speaker 1 (35:07):
Then you sell a buyer, then you sell it.
Speaker 9 (35:10):
But I do I have the right to sell it
by myself. No, you've got to execute.
Speaker 2 (35:16):
No, no, what you have to do if it's in
both your names, the two of you have to agree,
and if you don't agree, you can force the sale
of the house. It is that well, it's called a
partition and you're probably gonna need a lawyer to do
it because I wouldn't know how to do it. And
what it is is you file with the court. It's
(35:36):
a document that the court orders the sale of the
house because the two of you can't agree.
Speaker 1 (35:42):
It's an automatic. By the way, Larry, he can't fight it.
Speaker 4 (35:47):
Well that sounds good.
Speaker 9 (35:48):
Would that be filed through a probate court?
Speaker 2 (35:51):
No, actually, I don't know. It's not even probate. It's
a straight lawsuit for partition. Now probate, the judge can
order the sale as part of probate.
Speaker 1 (36:02):
But I think you have your choice one way or
the other.
Speaker 2 (36:05):
Let me tell you about pain, and if you live
in chronic pain, you know what I'm talking about. I mean,
it's there all the time, and that's what's horrible about
chronic pain. So The Pain Game Podcast is a podcast
that deals with people who are.
Speaker 1 (36:21):
In chronic pain or know someone who is.
Speaker 2 (36:25):
Treats people and what it does is develop a community
because a lot of people in chronic pain feel alone
and by the way, people have lost people to chronic pain.
This is one of those things where people can hurt
themselves because they just can't take it anymore. And The
Pain Game Podcast deals with people that are hurting, that
have had trauma, and every episode ends with a message
(36:47):
of hope. And you'll understand that the show is about
giving pain purpose. Puts a different perspective on it because
that's really all you can do with today's technology in
chronic pain is giving pain purpose. Listen to the show
wherever you listen to podcasts, The Pain Game Podcast, the
Pain Game Podcast on social at The Pain Game Podcast
(37:11):
Season three is now running around the Pain Game Podcast.
This is Handle on the Law.
Speaker 1 (37:20):
You've been listening to the Bill Handle Show.
Speaker 2 (37:22):
Catch my show Monday through Friday, six am to nine am.
And anytime on demand on the iHeartRadio app.
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