October 11, 2025 • 35 mins
Handel on the Law. Marginal Legal Advice.
A caller was involved in a no-fault car accident 6 months ago that was 100% the other driver’s fault, and their insurance wants to settle. Should she get a lawyer or handle it herself? Also, and listener is wondering, if you say something about someone and it is not a lie, is it still defamation or slander?
And a listener’s friend's dad passed away, and his siblings claim he was cut out of the will but aren't sending a copy of the will, so what does Bill recommend?
A caller was involved in a no-fault car accident 6 months ago that was 100% the other driver’s fault, and their insurance wants to settle. Should she get a lawyer or handle it herself? Also, and listener is wondering, if you say something about someone and it is not a lie, is it still defamation or slander?
And a listener’s friend's dad passed away, and his siblings claim he was cut out of the will but aren't sending a copy of the will, so what does Bill recommend?
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:01):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (00:09):
Five AM six forty Bill Handle and good morning.
Speaker 1 (00:13):
Our number two of the Legal Show.
Speaker 2 (00:17):
Actually pretty generous, and I'm pretty generous in calling it
the Legal show, sort of kind of the legal show
here until eleven o'clock today, and then I still take
phone calls after the show off the airbell.
Speaker 1 (00:29):
I'll talk you about that later on. And the phone number.
Speaker 2 (00:32):
We do have a few lines open because top of
the hour always a good plate, good time, best time
to call. Eight hundred five two zero one five three four.
Eight hundred five two zero one five three four. That
is the number to call, and you will get in.
And I'm pretty quick sometimes with these phone calls, so
(00:54):
we zip through them and you're not gonna be waiting forever.
Speaker 1 (00:57):
Eight hundred five to two zero one five three four.
Speaker 2 (01:02):
Welcome to Handle on the Law, Marginal legal Advice where
I tell you have absolutely no case. Now my morning
through Friday show, of which I do Monday through Friday
locally here at KFI. One of the topics, and it's
(01:22):
a general talk show. I don't talk much about the law.
I talk about everything else. One of the topics that
has been gone going. One of the themes is how
crazy Robert Robert Kennedy Junior is. And why do I
talk about how crazy is?
Speaker 1 (01:37):
Because he is crazy, that's why.
Speaker 2 (01:40):
And his latest little sojourn is the connection between tail
and All and autism. Everything seems to be connected to autism.
Certainly vaccines. He's an anti vaxer or an anti or
a vaccine skeptic. Actually he used to be virulently anti vaccine.
(02:00):
Now he's come back a little bit and softened to stance,
but not really.
Speaker 1 (02:05):
I mean, everybody knows where he is.
Speaker 2 (02:07):
Okay, So now we have tail and all connected to autism.
Here's another one, and this is a great one. He's
expanded his crusade against against autism.
Speaker 1 (02:24):
And here is his premise.
Speaker 2 (02:26):
Boys who were circumcised were twice as likely to be
diagnosed with autism later. There it is now it's circumcision,
and he quotes two studies as so children who were
circumcised early as opposed to later, have doubled the rate
of autism. He said this October ninth at a cabinet meeting.
(02:48):
And it's highly likely because they were given to tailand all.
So we don't know if it's a tail and all
part of it or the autism part of it, but
both seem to do it. Now being of the Jewish persuasion,
you know clearly I am circumcised. About now fifty percent
(03:08):
of the boys in America are circumcised. Used to be
about eighty percent, and that is dropping dropping. I have
no idea why circumcision has gone.
Speaker 1 (03:18):
Down, down, down.
Speaker 2 (03:19):
Maybe it's this interest in ant eaters that everybody now has.
Speaker 1 (03:24):
I have no idea.
Speaker 2 (03:26):
But the bottom line is the health experts will tell
you that circumcision is healthier than non circumcision. That is
a given if you look at all those studies. What
Robert Kennedy does is a great time with studies. You know,
for example, the anti vaxxers they point to prove autism
(03:47):
is connected to vaccines. There was one one study by
a doctor by the name of Wakefield, and he came
up with all of these figures that later on were debunked.
He made them up, and he lost his license to
practice medicine. And that is the basis of vaccines and.
Speaker 1 (04:14):
Autism.
Speaker 2 (04:14):
And there have been dozens and dozens of studies that
have said exactly the opposite the anti vaxers, now the
anti circumcisioners.
Speaker 1 (04:24):
And just a quick one.
Speaker 2 (04:27):
You know, obviously you know that I was circumcised because
I am Jewish, and I remember and that's it.
Speaker 1 (04:34):
Eight days.
Speaker 2 (04:35):
I mean, that's in our religion. You do this at
exactly eight days. And I remember looking down and wow,
I was so upset. I slapped the doctor because this
wasn't good. And he's one of those things where you
can always take off more, but you can't add.
Speaker 1 (04:56):
Real problem. All right, here we go. We have some
phone calls. James. Let's start with you. Hello, James.
Speaker 3 (05:04):
Okay, small claims court situation. I haven't gone, but the
situation is in the state of Arizona. Like most states,
when you sell a property and you have septic it
has to be inspected by the air like environmental quality
of the state, which it was. I bought the property
approximately a year ago. The seller pays for it. They
(05:25):
hire the inspection, the inspector, and what the what it
entails is pumping the septic tank and doing a physical
visual inspection and certifying it. It's not a trivial certification.
You cannot close unless you get the certification. Fast forward,
I decided to sell the property a year That was
done almost a year ago, just to the date, almost
(05:47):
fast forward. I'm selling the property. I hired as the seller.
I hired an inspector. He told me the tank has
a physical crack in it, and he's willing to and
he uses video. He dropped up sitting then puts a
video down there.
Speaker 2 (06:02):
As opposed to as opposed to jumping in there and
doing a physical inspection of a septic tank.
Speaker 3 (06:08):
Now you're not required to do it's it's not it's
it's you're not required to do a visual.
Speaker 2 (06:14):
Yeah, okay, so this is just okay, this is just
an extra added attraction, the visual.
Speaker 3 (06:19):
Correct because he does, I consider him. I considered the
second guy that I hired to be more professional in
the first guy. So he provided me with video evidence
stating that the tank actually has a physical crack in
there and it's going to cost seventeen hundred dollars to repair,
and I have to you cannot you cannot sell the
property unless it's certified. So he's going to do the repair.
(06:42):
So I called the first guy that that did it
for the previous sellers and explain the situation, and he
basically told me to pound sand, and I told him
I was going to see.
Speaker 2 (06:51):
Wait a minute, way, wait, wait, wait wait, you called
the first guy for what? What was the call about
the second time around?
Speaker 3 (06:58):
Because the second guy said, based on his twenty five
to twenty eight years of doing this business, that he
can guarantee that crack was in there a year ago.
Speaker 2 (07:08):
And that okay, right, okay, so it was before Okay,
So that crack was in before you bought the property. Okay,
So the first guy said that he can't certify that
it was in before you bought the property.
Speaker 1 (07:23):
By the way, do both of them say there's a
crack in the wall of the septic tank?
Speaker 3 (07:28):
No, the first guy, I don't. The previous sellers, the
first guy will call him the first guy. In my opinion,
he all he I'm not even sure he pumped the tank,
which is required. I think he's even though he certified
by the state to do this work.
Speaker 2 (07:46):
Okay, So what's this point? What I don't understand? Tell
me about this pound sand business?
Speaker 1 (07:50):
You called him up for?
Speaker 3 (07:51):
What called him up to? Explain? I hired your competitor.
It's a local. It's a local.
Speaker 1 (07:58):
No, I understand, but you know what Okay, hire him.
Speaker 3 (08:01):
And I said to him that I don't believe you
did an inspection correctly the.
Speaker 2 (08:06):
First Oh I see, okay, all right, so what's your
cu I got it? Okay, So you paid.
Speaker 1 (08:09):
Money for an inspection.
Speaker 3 (08:12):
Yeah, so you're confused.
Speaker 1 (08:15):
Seventeen for what?
Speaker 2 (08:17):
For what?
Speaker 3 (08:18):
James h he has to repair the crack in the tank.
And the way he does that he digs around the
perimeter and he puts hydraulic cement on the crack to
feel the crack.
Speaker 1 (08:28):
And I don't understand. So where's the seventeen hundred dollars here?
Speaker 3 (08:33):
I believe the first guy because of his lack of
due diligence inspecting the tank. I'm I'm I'm paying for
repair that I'm that he should have found when I
bought the property. That's my contention.
Speaker 1 (08:45):
How do you, okay, how do you determine? And your opinion?
Speaker 2 (08:48):
Of course, you have no expertise at all in septic
tank repairs. It's just your opinion. So that's going to
fly the jud You're gonna look at this. Oh yeah,
so it's your opinion, James, far more than what an
expert is saying. So let's start with that one did
you pay him fourteen hundred dollars to repair I did, okay,
(09:09):
And so you're saying, in your opinion, the repair.
Speaker 3 (09:13):
Was in the second and the guy that I hire
his opinion, not my opinion.
Speaker 1 (09:18):
Okay, got it all right? So you want to sue?
This is so complicated. So you want to sue the
first guy?
Speaker 2 (09:22):
Right?
Speaker 3 (09:24):
You got it?
Speaker 1 (09:24):
Okay, So you're gonna take him to court for fourteen
hundred dollars.
Speaker 2 (09:28):
Second guy says he shouldn't have done it or he
did it wrong, and first guy says, yes, I did
it correctly.
Speaker 3 (09:37):
That's the question.
Speaker 1 (09:39):
It depends. It depends. It shakes out which one the
judge is going to believe that's it?
Speaker 2 (09:46):
Which one is the judge is going to believe? You
have two certified people. One says one thing, one says another.
I shouldn't pay the fourteen hundred dollars, Yes you should have. Okay,
there's the judge. If I if I'm the judge, I'd
flip a coin. Where else are you going to go
with that?
Speaker 4 (10:02):
Huh?
Speaker 1 (10:03):
Absolutely, no idea. This is handle on the law.
Speaker 2 (10:08):
Say five am, six forty handle here on a Saturday morning,
a number eight hundred five two zero one five three four.
Speaker 1 (10:18):
It's eight hundred and five two zero one five three four. Oga. Hello, Oga,
welcome to handle on the law.
Speaker 5 (10:26):
Yes, huh so about six two seven months ago, I
was in a car accident, not my fault, one hundred
percent on my fault. The other party's taken one hundred
percent responsibility and their insurance has Then they're trying to
settle with me, and I wasn't ready to settle. I'm
ready to settle now. But my question is this bill.
(10:48):
I have several health issues. I've been seeing pain management,
and I have our A, I have ostroporosis, and my
my thing is this before the that couldn't happen. I
was getting ready to have it's not lasic, but something
called reflective. Let's let's exchange. And because of the accident,
(11:12):
my neurologist said, absolutely, you cannot have it anymore. Because
of the accident, Okay, you know, all right, let me.
Speaker 2 (11:20):
Ask you this, okay, yes, outside of that, how badly
were you injured as a result of the accident itself?
Speaker 5 (11:29):
My right side, my hands, my right hand is very numb.
I had to get.
Speaker 1 (11:35):
Okay, how much, how much of it? And how much
has the insurance company offered you.
Speaker 5 (11:41):
They haven't offered me. I haven't talked to them. I
told them I'll be ready to talk to you when
I'm done with.
Speaker 1 (11:45):
My medical all right, So what's your question? Get a lawyer?
Speaker 5 (11:50):
Should I handle this myself?
Speaker 4 (11:52):
No?
Speaker 1 (11:52):
No, absolutely not. It's you're way over your league. I mean,
think about this.
Speaker 2 (11:58):
There are medical issues in were they exacerbated by the accident.
What is the prognosis as a result of the accident.
Will you ever be able to get that refractive surgery
which is going to impact your life? I mean you're
talking some really complicated stuff that you have no idea
(12:18):
how to deal with. Uh, they're going to have an
adjuster on the other side who is going to offer
you money far less than what the case is worth. Oh,
you need a lawyer, so desperately go to handle on
the law dot com.
Speaker 4 (12:33):
Uh.
Speaker 2 (12:33):
Those are PI lawyers that I have set up and
there and they're they've been vetted, and uh, I scream
if there's a problem, and at least talk to them
and get an opinion, because that's worth it.
Speaker 1 (12:46):
Handle on the law dot com. Whatever you do. You
don't even talk to the insurance company. You go to
a lawyer.
Speaker 5 (12:53):
I've done that.
Speaker 2 (12:54):
Yeah, you want to do that, You want to do that.
Do not even talk to the insurance company. You need
someone to represent you. So go to the website, you
go to handle on the law dot com and talk
to them, and believe me, you've you've done the right
you would do the right thing before talking and before settling.
I get calls bill. They offered me three thousand dollars
(13:16):
and I took it and I said, that's great. That
was worth twenty five thousand dollars. And how do you
feel now? So yeah, go to the website and good
for you for calling. Now that's a complicated medical issue
when you think about it, those damages, especially when we
talk about prognosis and prognosi and you can't get certain
(13:36):
surgeries that you use. Yeah, it's pretty complicated. Steve, Hi, Steve, welcome, Steve.
Speaker 3 (13:44):
You're right.
Speaker 6 (13:45):
Yeah, this is just start forward the big old question.
No specific answer them. If someone said, if you say
someone about so long bad but as one hundred true,
there's not a lie, then there is no uh defamation.
Speaker 1 (14:08):
That's correct, that's correct. There is no defamation. So when
you take your bar exam, Steve, and they ask you
that question.
Speaker 2 (14:14):
You'll be just fine, oh, Lisa, Lisa, Hello, Lisa, Hi hi.
Speaker 7 (14:24):
I was calling regarding kind of a fat situation my son,
Beyonce's grandmother. She got bit by a dog. Anyway, she
went and check it because it wasn't healing, and they
found she has leukemia.
Speaker 8 (14:38):
And she did.
Speaker 1 (14:40):
You say she got hit by a dog or got
bit by a dog?
Speaker 7 (14:43):
He got bit Okay.
Speaker 2 (14:44):
I was wondering if the dog was driving, and I
was going to go, that's an incredible dog.
Speaker 1 (14:48):
Okay.
Speaker 2 (14:49):
So she gets bit by a dog and she has
leukemia and it won't heal right because right, okay, fair enough?
Speaker 7 (14:56):
And she has and she has very ungrateful kids and
she doesn't want her kids to have anything to do
with it. So she asked her granddaughter, which is my
son's Beyonce, I want you and Chase to buy the house.
What is it's uncomfortable to say? Okay, well, can we
hurry up and get this done before she passes? Because
she has very greedy the dama has greedy kids, and
she didn't want to think what is the best scenario?
(15:17):
And is quick claim still around?
Speaker 4 (15:19):
Yes?
Speaker 1 (15:20):
Quit claim? Is still yeah, quit claiming? Go ahead.
Speaker 7 (15:26):
She has been doing reverse mortgage on this house. It's
got about five hundred and fifty thousand on it's worth
about nine hundred thousand.
Speaker 4 (15:36):
So what would be the best scenario for them to Okay?
Speaker 1 (15:39):
The best scenario is, first of all, you called it.
Speaker 2 (15:43):
You want to do it before she died, Before she dies,
because it's pretty hard to buy property from a dead person.
They tend to have a very hard time signing the documents.
Although there's an estate so it can be done. You
want to do it before she dies. That's for starters.
The grandkids don't have a right to anything. She can
(16:05):
sell the house, she can give it away. As long
as she's in her right mind, she can do whatever
the hell she wants with that property.
Speaker 1 (16:12):
So that's the easy one. The one that's more difficult
is the reverse mortgage.
Speaker 2 (16:17):
They have to get their money back, and so you
contact the reverse mortgage people, let them know what you're doing,
list the house or have the sale of the house
go through, and the just arrange with the reverse mortgage people.
I mean, they have a lean on the house and
I don't know whatever terms there are, but as long
as they get the money, you'll be fine. So just
(16:38):
do it.
Speaker 1 (16:39):
Do it before she dies. Okay, do it before she dies.
Speaker 7 (16:43):
Ok So a quick claim is maybe the best way
to Yeah, I don't know.
Speaker 2 (16:48):
You can't do it as Yeah, you could just to
quick claim, but you're gonna have someone's gonna sue, because
when you have ungrateful grandkids, they end up suing.
Speaker 1 (16:58):
I would talk to a real estate agent or just
to have someone.
Speaker 2 (17:04):
I mean, you can do a quit claim, but I'm
just thinking, would I do a quit claim, just a
simple quit claim? Yeah, you probably can, but there should
be a written agreement that's connected to the quit claim
deed that everybody signs specifically saying I hate my grandkids.
I don't want them to have a you know, just
so it stops them from suing to unravel it, which
(17:24):
they will do because that's what family members tend to do. Yeah,
talk to an attorney, any general attorney, it doesn't matter,
and put in a written agreement in addition to the
quit claim deed. Now, let me tell you about if
you hurt, if you live in chronic pain that's pain
all the time, or you know someone who does, let
(17:45):
me suggest you listen to the Pain Game podcast, because
that's what the Pain Game podcast is about people have
lived with, or dealt with, or have treated those living
in chronic pain, and sometimes have lost people to chronic pain.
The host, Lindsay Soprano, deals with this because she suffers
from chronic pain, and so she started this podcast not
(18:08):
only to help other people, to help herself because here
is what she has discovered, and that is giving pain purpose.
I know that sounds strange, but giving pain purpose is
the way that she and so many people deal with
their pain. And every episode ends with a message of hope.
You can listen to The Pain Game Podcast wherever you
(18:31):
listen to podcasts. The Pain Game Podcast you can follow
on social at the Pain Game Podcast. It is a
revelation in terms of dealing with chronic pain. You got
season four just about to start. Listen to the Pain
Game Podcast.
Speaker 1 (18:49):
This is Handle on the Law. You're listening to Bill
Handle on demand from KFI AM six forty. I am six.
Don't handle here. It is a Saturday morning. Phone numbers.
We do have some lines open.
Speaker 2 (19:06):
It is eight hundred five two zero one five three four.
Eight hundred five two zero one five three four. That's
a number to call and lines are open.
Speaker 1 (19:17):
Welcome back.
Speaker 2 (19:18):
Handle on the Law. Marginal legal advice. Hi Franny, you're up.
Welcome to the show.
Speaker 9 (19:25):
Yes, my neighbor moved and in the process of moving,
they were having the big, huge storage boxes hauled in
the last one that backed in a storage box, he
ran over a plate in the ground and destroyed it.
(19:46):
I think it's it's for communications. And going on two
weeks and nobody has done anything.
Speaker 2 (19:55):
Okay, contacted you contacted them, Okay, I'm sorry, go ahead.
Speaker 9 (20:00):
I contacted our city and was told that is not
their responsibility because it is not a utility box. It's
a communication box. So when the driver came to pick
up the box, I showed it to him. He took
(20:21):
a picture of it and sent it.
Speaker 6 (20:22):
To his boss.
Speaker 9 (20:24):
So his boss is talking to him and he tells then,
and the guy says, wait a minute, let's talk to her.
So he puts me on the phone. I told him
what's happening, and he says, well, yeah, the owner already
took care of it. He called the city and I
told him, I said, the city is not going to.
Speaker 1 (20:48):
Beause nothing happened, right, says right right.
Speaker 2 (20:52):
I'm wondering.
Speaker 9 (20:54):
I'm wondering now if I have to obtain an attorney.
Will they have to pay for it?
Speaker 3 (21:02):
Yeah?
Speaker 1 (21:02):
No, no, and you don't want to get an attorney.
Speaker 2 (21:04):
Attorney's going to cost you far more than just replacing
whatever box there is. You have to simply find out
who did Actually, you have to find out how to
repair the box and whether what communications company? If they
say is communications company, you call your provider?
Speaker 1 (21:22):
All right, do you have internet going in? Do you
have a phone line going in?
Speaker 4 (21:26):
What do you have?
Speaker 1 (21:26):
What service do you use?
Speaker 9 (21:28):
Well, the thing is, I have a serviceman come over
and look at it. He said, it looks like an
old Pacific bill, which, oh, okay, okay, so it does nothing.
Speaker 2 (21:42):
Okay, it's just a plate in the ground. Okay, how
much are I going to cost you to replace a
plate in the ground. I have to find out how
much it cost you. You got to find out what's
going to cost you to replace a plate in the ground.
A few hundred bucks and that's what you sue them for.
In small claims court that said if theudes were cased
a metal plate, it's all it's.
Speaker 1 (22:02):
A metal plate.
Speaker 9 (22:04):
Well it was the old one was concrete because it
just broke it.
Speaker 2 (22:08):
Okay, all right, so hang on, So the one they
broke was concrete. That's even easier. You put a you
have a concrete guy come out, You pay a concrete
guy to put in a plate. That'll be a couple
hundred bucks, and then you sue for that. That one's easy.
Do I need a lawyer to replace a concrete plate
that's two by two?
Speaker 4 (22:28):
Uh?
Speaker 1 (22:28):
Don't think so. Let me see you. Oh my icon
is always screwing up on me. Hey, Mark, welcome to
handle on the law.
Speaker 4 (22:38):
He I'm calling on behalf of a friend of mine.
He his father recently passed away. He was into his
nineties and he spent the last two years. His father
was in a basically in Alzheimer's memory care facility for
the last two years. So father passed away. Now the
brothers are saying that he was my friend was not
(23:00):
included in the will or the trust?
Speaker 1 (23:01):
Well is there a will? Way? Is there a will
or a trust?
Speaker 3 (23:07):
There is?
Speaker 4 (23:08):
There is, and I haven't been able to determine if
it's a will or trust.
Speaker 1 (23:12):
Well it's easy, but yeah, there is.
Speaker 2 (23:14):
A will has to it's a probate and which has
to be opened up. And a will is a public document. Uh,
it is filed with the court. Uh and uh the
name of the document is n Ray, a state of
dead person. Okay, So the fact that he died of
Alzheimer's doesn't matters, not unless he signed a document while
(23:37):
he had Alzheimer's. So now he gets to uh call
the brothers and find out real simply, uh, who's the trustee,
who's the executor? And if they don't tell him something
is not kosher in Denmark.
Speaker 1 (23:55):
Although I don't know how many people, he's already.
Speaker 4 (23:57):
Done that and they're they're not producing. Yeah, how big
of a state.
Speaker 2 (24:01):
Okay, So all right, so we're back to something not
koasher in Denmark, and very few people keep kosher in Denmark.
But that's besides the point. So something's going on. How
much money thinks involved Mark? You know it's got to
be a couple of million millions, Okay, Okay, all right,
fair enough, Okay, Now there it's enough to go see
a lawyer. You want to see he wants to go
(24:21):
see a probate and a state lawyer who will write
a letter instantly probate in a state lawyer who will
write a letter to all of the siblings saying this
is a putative beneficiary that means a beneficiary that you
would think has a claim or was written in the
will or the trust, and we want to see it.
(24:45):
And if they say no, you go to court and
the estate will pay for the defense. As a matter
of fact, the estate will pay or will pay for
his attorney. And you got to do it because I
got to tell you he's based on what you say,
he's being screwed. Someone is screwing him. Yep.
Speaker 1 (25:04):
So he needs an attorney. That's all. Go talk to
appropate the state attorney.
Speaker 4 (25:10):
Can he demand the trust itself?
Speaker 2 (25:12):
Yeah, he demand everything. He demands everything, mark everything, especially
if you're talking about a couple of million dollars state.
How unusual family members screwing family member out of money
concerning a will or a trust. Boy, I've never heard
that one on this show before. This is Handle on
the Law. Hey fine, a M six forty bill handle here.
(25:34):
It is a Saturday morning. Another hour giver take and
then I'm going to take phone calls off the air
at the end of the show, but I'll talk to
you about that later. We do have some lines open.
Eight hundred five two zero one, five three four the
number to call. That's eight hundred five to zero one
(25:55):
five three four, And since we have lines open, you
will get in and hopefully I can tell you you
have absolutely no case, although I've been telling people they
have cases today, man a few Nah, you got nothing there,
but wow, you know, very depressing. Eight hundred and five
two zero one five three four. Welcome back, little froggy
(26:22):
handle on the law. Marginal legal advice. Okay, Zach, you're up.
Welcome the harel on the law.
Speaker 1 (26:30):
Yes, sir, I feel about three weeks I feel it's Bill.
It's Bill.
Speaker 10 (26:36):
I'm sorry, that's Okayologies, apologies.
Speaker 1 (26:39):
Yes, as well, you share it.
Speaker 4 (26:40):
Okay.
Speaker 10 (26:40):
I'm a little hard of hearing.
Speaker 1 (26:41):
On the radio, so that's no problem. Jack Jack, I
was Jack. You're fine, okay, thank you, thank You're welcome.
Speaker 10 (26:48):
About three weeks ago, I was physically assaulted on the sidewalk.
I was kicked in the head and ended up going
to the police station and filing a police report and
got my cts and my X rays done at the hospital.
Speaker 3 (27:00):
Well, not only not only is.
Speaker 10 (27:02):
There this assault in battery, but I had come to
find out because this attacker, who I sort of knew,
but when I saw who he was, I had no
idea why he wanted to almost kill me. I almost
got hit by a car in the street.
Speaker 3 (27:17):
Mind you.
Speaker 10 (27:18):
I found out that he was told a slanderous lie
about me having an affair with someone that he knew.
And about two weeks later, this story was even retold
by the same person and said, oh, I even heard
it from someone else, so like it must be true. Well,
two weeks later I was literally beaten to a pulp
in the street. And so while this assailant who attacked me,
(27:42):
he lives, you know, he has special needs and he
lives on a couch. So while I am going to
press charges and hopefully get him some therapy for his
mental health issues, I'm wondering if this slanderous lie that
was told can be prosecuted outside of a civil manner.
Speaker 1 (28:00):
Not really a matter of fact, you're going to have
a tough time suing for that.
Speaker 2 (28:04):
So someone says that you're having an affair with someone
that's known, someone else says, yeah, I read it, and
it must be true. You know, you're not going to
go any place with that. All you have is the
assault and going against the guy special needs by what
why would you way too nice?
Speaker 4 (28:23):
Why?
Speaker 1 (28:23):
Because he special needs and lives on a couch.
Speaker 10 (28:26):
And the first thing you say is with special needs.
Speaker 1 (28:29):
Okay, that's why, all right, got it?
Speaker 10 (28:32):
So my problem was that this individual was slandering my name.
He said a public he knew that it was alive.
Speaker 2 (28:39):
Yeah, but you know it's okay. Now what you're not
going to be able to connect the two? And what
damages are you Demi? Did you lose your job because
of that? Have you been ostracized from the community? Have
you been thrown out of a church because of an accusation?
That isn't true? People do that all the time.
Speaker 10 (28:59):
The reputa well, I felt that the harm, the harm
to my reputation led to me directly getting assaulted.
Speaker 1 (29:06):
That doesn't matter. That is that one.
Speaker 2 (29:07):
You're not gonna be able to prove. Okay that one,
especially with someone with special needs. That is you cannot blame.
He's you know, Zach is having an affair with someone
I know, and then you're beat up for it. No,
that doesn't fly, or someone says I heard it, therefore
it must be true.
Speaker 1 (29:25):
That's not enough. That is not enough, Zach. The only
thing you no, not really, no, not really.
Speaker 2 (29:32):
Everybody is accused of having a fair with people all
the time. It's just you know, that's just a throwaway.
It's not enough to end the reputation.
Speaker 4 (29:41):
It's not.
Speaker 2 (29:41):
For example, you are the financial head of a financial
organization and you were accused of embezzlement and you lose
your job. That is defamation, but not but not what
you've got going there. You're just too nice too, because
I mean, I understand you deal with kids.
Speaker 10 (30:00):
The guy who got no money, who's sleeping on you.
Speaker 1 (30:04):
All you can do is have them they started it.
Now you're not going to do that.
Speaker 2 (30:07):
You have to have the guy tossed in prison, which
you're not gonna you know, they're not going to do
special needs all kinds of defense.
Speaker 1 (30:14):
Yeah, it's just what it really is is just really
bad bad luck.
Speaker 9 (30:19):
Uh.
Speaker 1 (30:20):
Maggie, Hi, Maggie, you're up. Welcome to handle on the law.
Speaker 8 (30:24):
Thank you for taking my call. I was involved in
an auto accident in August this year, and the other person,
woman has admitted that is her responsibility. I was taken
to the hospital.
Speaker 3 (30:44):
Uh uh, and I was.
Speaker 8 (30:47):
Proven not no bones were injured or anything. It was
all soft tissue and and so on. Anyway, I was
I was in er there for a couple of a
couple of days, and and I was sent home and
I seem to be doing okay. But then on the
about the third day I was home, I suffered tia.
Speaker 1 (31:12):
And what is the tia?
Speaker 8 (31:18):
It's just like a stroke.
Speaker 1 (31:19):
Okay, got it. It doesn't matter. Suffered a stroke.
Speaker 8 (31:23):
Okay, so yeah, it doesn't matter. So anyway, this accident
has proven to totally put me independent of others. I
am elderly, and.
Speaker 1 (31:39):
Yeah, I know you're elderly. How elderly are you, Maggie?
Speaker 8 (31:43):
How elderly? I'm ninety five years You are.
Speaker 1 (31:46):
Good for you. You're ninety five and you're still this sharp? Wow? Okay,
I was gonna make fun of you. But I can't
all alone.
Speaker 8 (31:55):
I have lived alone.
Speaker 1 (31:56):
No, I got it. I got it.
Speaker 2 (31:57):
So when you say, when you say it has it
it has been proven that your accident caused you to
have a stroke.
Speaker 1 (32:06):
Who who is saying that?
Speaker 4 (32:09):
No?
Speaker 8 (32:09):
No, no, no, no, one is saying that. I have
a little medical background and I know a couple of things.
Speaker 2 (32:18):
Okay, and you know what, we've got it. We okay,
we're we're out of time. So what's your question?
Speaker 8 (32:26):
My question is should I assue this person.
Speaker 1 (32:30):
No, not not for your stroke. Not for your stroke.
Speaker 8 (32:34):
No, no, I'm not saying for my stroke, but okay,
for taking my total independence away. I either have to
go into a facility, you know, nursing home.
Speaker 2 (32:44):
I either have to go all right, maybe maybe maybe
as part of your damages, maybe, uh, go to handle
on the law dot com.
Speaker 1 (32:52):
Do you have a computer?
Speaker 7 (32:54):
I do not.
Speaker 1 (32:55):
Oh do you know what a computer is?
Speaker 2 (32:57):
It?
Speaker 8 (32:57):
One time?
Speaker 2 (32:58):
I do not.
Speaker 1 (32:58):
Now, okay, you do know what a computer is? Okay.
Do you have any friends that have computers? Good? Excellent?
Do you know any friends? Good?
Speaker 2 (33:06):
What I want you to do is go to your
friends computer and go to handle on the Law dot
com and you'll talk to a bunch of personal injury
lawyers who are very very good because you have a
fairly complicated case and the damages are not direct I mean,
no broken bones, You're didn't hit in the head, that
sort of thing. It's one one degree separation. So go
(33:30):
to handle on the Law dot com and that's where
you'll get some good information.
Speaker 1 (33:36):
Yeah.
Speaker 2 (33:36):
Sometimes you're a little more complicated now talking about injury
and pain. If you happen to live or know someone
who lives in chronic pain. Chronic pain means it's all
the time, and in some cases it's really severe and
it is just debilitating. So the guests on the show
have lived with, or dealt with, or have treated people
(33:58):
living in chronic pain. There are people who have lost
family members because of chronic pain. So I'm talking about
The Pain Game Podcast. Lindsay Soprano, the host, deals with
chronic pain. She's in chronic pain twenty four to seven
and she created this podcast to not only help other
people in that she helps herself. And every episode ends
(34:21):
with a message of hope. And you'll understand if you
listen to the podcast. The premise is giving pain purpose.
I know that sounds counterintuitive, but that is the way
some people deal with this and maybe you should because
what a way to deal with pain. So listen to
podcasts The Pain Game Podcast, the Pain Game Podcast. Wherever
(34:44):
you hear podcasts out there, you can follow on social
media at the Pain Game Podcast. That's at the Pain
Game Podcast and three seasons already. Season four is on
its way the Pain Game Podcast. This is Handle on
the Law.
Speaker 1 (35:03):
You've been listening to the Bill Handle Show. Catch my
show Monday through Friday, six
Speaker 2 (35:07):
Am to nine am, and anytime on demand on the
iHeartRadio app.
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (00:09):
Five AM six forty Bill Handle and good morning.
Speaker 1 (00:13):
Our number two of the Legal Show.
Speaker 2 (00:17):
Actually pretty generous, and I'm pretty generous in calling it
the Legal show, sort of kind of the legal show
here until eleven o'clock today, and then I still take
phone calls after the show off the airbell.
Speaker 1 (00:29):
I'll talk you about that later on. And the phone number.
Speaker 2 (00:32):
We do have a few lines open because top of
the hour always a good plate, good time, best time
to call. Eight hundred five two zero one five three four.
Eight hundred five two zero one five three four. That
is the number to call, and you will get in.
And I'm pretty quick sometimes with these phone calls, so
(00:54):
we zip through them and you're not gonna be waiting forever.
Speaker 1 (00:57):
Eight hundred five to two zero one five three four.
Speaker 2 (01:02):
Welcome to Handle on the Law, Marginal legal Advice where
I tell you have absolutely no case. Now my morning
through Friday show, of which I do Monday through Friday
locally here at KFI. One of the topics, and it's
(01:22):
a general talk show. I don't talk much about the law.
I talk about everything else. One of the topics that
has been gone going. One of the themes is how
crazy Robert Robert Kennedy Junior is. And why do I
talk about how crazy is?
Speaker 1 (01:37):
Because he is crazy, that's why.
Speaker 2 (01:40):
And his latest little sojourn is the connection between tail
and All and autism. Everything seems to be connected to autism.
Certainly vaccines. He's an anti vaxer or an anti or
a vaccine skeptic. Actually he used to be virulently anti vaccine.
(02:00):
Now he's come back a little bit and softened to stance,
but not really.
Speaker 1 (02:05):
I mean, everybody knows where he is.
Speaker 2 (02:07):
Okay, So now we have tail and all connected to autism.
Here's another one, and this is a great one. He's
expanded his crusade against against autism.
Speaker 1 (02:24):
And here is his premise.
Speaker 2 (02:26):
Boys who were circumcised were twice as likely to be
diagnosed with autism later. There it is now it's circumcision,
and he quotes two studies as so children who were
circumcised early as opposed to later, have doubled the rate
of autism. He said this October ninth at a cabinet meeting.
(02:48):
And it's highly likely because they were given to tailand all.
So we don't know if it's a tail and all
part of it or the autism part of it, but
both seem to do it. Now being of the Jewish persuasion,
you know clearly I am circumcised. About now fifty percent
(03:08):
of the boys in America are circumcised. Used to be
about eighty percent, and that is dropping dropping. I have
no idea why circumcision has gone.
Speaker 1 (03:18):
Down, down, down.
Speaker 2 (03:19):
Maybe it's this interest in ant eaters that everybody now has.
Speaker 1 (03:24):
I have no idea.
Speaker 2 (03:26):
But the bottom line is the health experts will tell
you that circumcision is healthier than non circumcision. That is
a given if you look at all those studies. What
Robert Kennedy does is a great time with studies. You know,
for example, the anti vaxxers they point to prove autism
(03:47):
is connected to vaccines. There was one one study by
a doctor by the name of Wakefield, and he came
up with all of these figures that later on were debunked.
He made them up, and he lost his license to
practice medicine. And that is the basis of vaccines and.
Speaker 1 (04:14):
Autism.
Speaker 2 (04:14):
And there have been dozens and dozens of studies that
have said exactly the opposite the anti vaxers, now the
anti circumcisioners.
Speaker 1 (04:24):
And just a quick one.
Speaker 2 (04:27):
You know, obviously you know that I was circumcised because
I am Jewish, and I remember and that's it.
Speaker 1 (04:34):
Eight days.
Speaker 2 (04:35):
I mean, that's in our religion. You do this at
exactly eight days. And I remember looking down and wow,
I was so upset. I slapped the doctor because this
wasn't good. And he's one of those things where you
can always take off more, but you can't add.
Speaker 1 (04:56):
Real problem. All right, here we go. We have some
phone calls. James. Let's start with you. Hello, James.
Speaker 3 (05:04):
Okay, small claims court situation. I haven't gone, but the
situation is in the state of Arizona. Like most states,
when you sell a property and you have septic it
has to be inspected by the air like environmental quality
of the state, which it was. I bought the property
approximately a year ago. The seller pays for it. They
(05:25):
hire the inspection, the inspector, and what the what it
entails is pumping the septic tank and doing a physical
visual inspection and certifying it. It's not a trivial certification.
You cannot close unless you get the certification. Fast forward,
I decided to sell the property a year That was
done almost a year ago, just to the date, almost
(05:47):
fast forward. I'm selling the property. I hired as the seller.
I hired an inspector. He told me the tank has
a physical crack in it, and he's willing to and
he uses video. He dropped up sitting then puts a
video down there.
Speaker 2 (06:02):
As opposed to as opposed to jumping in there and
doing a physical inspection of a septic tank.
Speaker 3 (06:08):
Now you're not required to do it's it's not it's
it's you're not required to do a visual.
Speaker 2 (06:14):
Yeah, okay, so this is just okay, this is just
an extra added attraction, the visual.
Speaker 3 (06:19):
Correct because he does, I consider him. I considered the
second guy that I hired to be more professional in
the first guy. So he provided me with video evidence
stating that the tank actually has a physical crack in
there and it's going to cost seventeen hundred dollars to repair,
and I have to you cannot you cannot sell the
property unless it's certified. So he's going to do the repair.
(06:42):
So I called the first guy that that did it
for the previous sellers and explain the situation, and he
basically told me to pound sand, and I told him
I was going to see.
Speaker 2 (06:51):
Wait a minute, way, wait, wait, wait wait, you called
the first guy for what? What was the call about
the second time around?
Speaker 3 (06:58):
Because the second guy said, based on his twenty five
to twenty eight years of doing this business, that he
can guarantee that crack was in there a year ago.
Speaker 2 (07:08):
And that okay, right, okay, so it was before Okay,
So that crack was in before you bought the property. Okay,
So the first guy said that he can't certify that
it was in before you bought the property.
Speaker 1 (07:23):
By the way, do both of them say there's a
crack in the wall of the septic tank?
Speaker 3 (07:28):
No, the first guy, I don't. The previous sellers, the
first guy will call him the first guy. In my opinion,
he all he I'm not even sure he pumped the tank,
which is required. I think he's even though he certified
by the state to do this work.
Speaker 2 (07:46):
Okay, So what's this point? What I don't understand? Tell
me about this pound sand business?
Speaker 1 (07:50):
You called him up for?
Speaker 3 (07:51):
What called him up to? Explain? I hired your competitor.
It's a local. It's a local.
Speaker 1 (07:58):
No, I understand, but you know what Okay, hire him.
Speaker 3 (08:01):
And I said to him that I don't believe you
did an inspection correctly the.
Speaker 2 (08:06):
First Oh I see, okay, all right, so what's your
cu I got it? Okay, So you paid.
Speaker 1 (08:09):
Money for an inspection.
Speaker 3 (08:12):
Yeah, so you're confused.
Speaker 1 (08:15):
Seventeen for what?
Speaker 2 (08:17):
For what?
Speaker 3 (08:18):
James h he has to repair the crack in the tank.
And the way he does that he digs around the
perimeter and he puts hydraulic cement on the crack to
feel the crack.
Speaker 1 (08:28):
And I don't understand. So where's the seventeen hundred dollars here?
Speaker 3 (08:33):
I believe the first guy because of his lack of
due diligence inspecting the tank. I'm I'm I'm paying for
repair that I'm that he should have found when I
bought the property. That's my contention.
Speaker 1 (08:45):
How do you, okay, how do you determine? And your opinion?
Speaker 2 (08:48):
Of course, you have no expertise at all in septic
tank repairs. It's just your opinion. So that's going to
fly the jud You're gonna look at this. Oh yeah,
so it's your opinion, James, far more than what an
expert is saying. So let's start with that one did
you pay him fourteen hundred dollars to repair I did, okay,
(09:09):
And so you're saying, in your opinion, the repair.
Speaker 3 (09:13):
Was in the second and the guy that I hire
his opinion, not my opinion.
Speaker 1 (09:18):
Okay, got it all right? So you want to sue?
This is so complicated. So you want to sue the
first guy?
Speaker 2 (09:22):
Right?
Speaker 3 (09:24):
You got it?
Speaker 1 (09:24):
Okay, So you're gonna take him to court for fourteen
hundred dollars.
Speaker 2 (09:28):
Second guy says he shouldn't have done it or he
did it wrong, and first guy says, yes, I did
it correctly.
Speaker 3 (09:37):
That's the question.
Speaker 1 (09:39):
It depends. It depends. It shakes out which one the
judge is going to believe that's it?
Speaker 2 (09:46):
Which one is the judge is going to believe? You
have two certified people. One says one thing, one says another.
I shouldn't pay the fourteen hundred dollars, Yes you should have. Okay,
there's the judge. If I if I'm the judge, I'd
flip a coin. Where else are you going to go
with that?
Speaker 4 (10:02):
Huh?
Speaker 1 (10:03):
Absolutely, no idea. This is handle on the law.
Speaker 2 (10:08):
Say five am, six forty handle here on a Saturday morning,
a number eight hundred five two zero one five three four.
Speaker 1 (10:18):
It's eight hundred and five two zero one five three four. Oga. Hello, Oga,
welcome to handle on the law.
Speaker 5 (10:26):
Yes, huh so about six two seven months ago, I
was in a car accident, not my fault, one hundred
percent on my fault. The other party's taken one hundred
percent responsibility and their insurance has Then they're trying to
settle with me, and I wasn't ready to settle. I'm
ready to settle now. But my question is this bill.
(10:48):
I have several health issues. I've been seeing pain management,
and I have our A, I have ostroporosis, and my
my thing is this before the that couldn't happen. I
was getting ready to have it's not lasic, but something
called reflective. Let's let's exchange. And because of the accident,
(11:12):
my neurologist said, absolutely, you cannot have it anymore. Because
of the accident, Okay, you know, all right, let me.
Speaker 2 (11:20):
Ask you this, okay, yes, outside of that, how badly
were you injured as a result of the accident itself?
Speaker 5 (11:29):
My right side, my hands, my right hand is very numb.
I had to get.
Speaker 1 (11:35):
Okay, how much, how much of it? And how much
has the insurance company offered you.
Speaker 5 (11:41):
They haven't offered me. I haven't talked to them. I
told them I'll be ready to talk to you when
I'm done with.
Speaker 1 (11:45):
My medical all right, So what's your question? Get a lawyer?
Speaker 5 (11:50):
Should I handle this myself?
Speaker 4 (11:52):
No?
Speaker 1 (11:52):
No, absolutely not. It's you're way over your league. I mean,
think about this.
Speaker 2 (11:58):
There are medical issues in were they exacerbated by the accident.
What is the prognosis as a result of the accident.
Will you ever be able to get that refractive surgery
which is going to impact your life? I mean you're
talking some really complicated stuff that you have no idea
(12:18):
how to deal with. Uh, they're going to have an
adjuster on the other side who is going to offer
you money far less than what the case is worth. Oh,
you need a lawyer, so desperately go to handle on
the law dot com.
Speaker 4 (12:33):
Uh.
Speaker 2 (12:33):
Those are PI lawyers that I have set up and
there and they're they've been vetted, and uh, I scream
if there's a problem, and at least talk to them
and get an opinion, because that's worth it.
Speaker 1 (12:46):
Handle on the law dot com. Whatever you do. You
don't even talk to the insurance company. You go to
a lawyer.
Speaker 5 (12:53):
I've done that.
Speaker 2 (12:54):
Yeah, you want to do that, You want to do that.
Do not even talk to the insurance company. You need
someone to represent you. So go to the website, you
go to handle on the law dot com and talk
to them, and believe me, you've you've done the right
you would do the right thing before talking and before settling.
I get calls bill. They offered me three thousand dollars
(13:16):
and I took it and I said, that's great. That
was worth twenty five thousand dollars. And how do you
feel now? So yeah, go to the website and good
for you for calling. Now that's a complicated medical issue
when you think about it, those damages, especially when we
talk about prognosis and prognosi and you can't get certain
(13:36):
surgeries that you use. Yeah, it's pretty complicated. Steve, Hi, Steve, welcome, Steve.
Speaker 3 (13:44):
You're right.
Speaker 6 (13:45):
Yeah, this is just start forward the big old question.
No specific answer them. If someone said, if you say
someone about so long bad but as one hundred true,
there's not a lie, then there is no uh defamation.
Speaker 1 (14:08):
That's correct, that's correct. There is no defamation. So when
you take your bar exam, Steve, and they ask you
that question.
Speaker 2 (14:14):
You'll be just fine, oh, Lisa, Lisa, Hello, Lisa, Hi hi.
Speaker 7 (14:24):
I was calling regarding kind of a fat situation my son,
Beyonce's grandmother. She got bit by a dog. Anyway, she
went and check it because it wasn't healing, and they
found she has leukemia.
Speaker 8 (14:38):
And she did.
Speaker 1 (14:40):
You say she got hit by a dog or got
bit by a dog?
Speaker 7 (14:43):
He got bit Okay.
Speaker 2 (14:44):
I was wondering if the dog was driving, and I
was going to go, that's an incredible dog.
Speaker 1 (14:48):
Okay.
Speaker 2 (14:49):
So she gets bit by a dog and she has
leukemia and it won't heal right because right, okay, fair enough?
Speaker 7 (14:56):
And she has and she has very ungrateful kids and
she doesn't want her kids to have anything to do
with it. So she asked her granddaughter, which is my
son's Beyonce, I want you and Chase to buy the house.
What is it's uncomfortable to say? Okay, well, can we
hurry up and get this done before she passes? Because
she has very greedy the dama has greedy kids, and
she didn't want to think what is the best scenario?
(15:17):
And is quick claim still around?
Speaker 4 (15:19):
Yes?
Speaker 1 (15:20):
Quit claim? Is still yeah, quit claiming? Go ahead.
Speaker 7 (15:26):
She has been doing reverse mortgage on this house. It's
got about five hundred and fifty thousand on it's worth
about nine hundred thousand.
Speaker 4 (15:36):
So what would be the best scenario for them to Okay?
Speaker 1 (15:39):
The best scenario is, first of all, you called it.
Speaker 2 (15:43):
You want to do it before she died, Before she dies,
because it's pretty hard to buy property from a dead person.
They tend to have a very hard time signing the documents.
Although there's an estate so it can be done. You
want to do it before she dies. That's for starters.
The grandkids don't have a right to anything. She can
(16:05):
sell the house, she can give it away. As long
as she's in her right mind, she can do whatever
the hell she wants with that property.
Speaker 1 (16:12):
So that's the easy one. The one that's more difficult
is the reverse mortgage.
Speaker 2 (16:17):
They have to get their money back, and so you
contact the reverse mortgage people, let them know what you're doing,
list the house or have the sale of the house
go through, and the just arrange with the reverse mortgage people.
I mean, they have a lean on the house and
I don't know whatever terms there are, but as long
as they get the money, you'll be fine. So just
(16:38):
do it.
Speaker 1 (16:39):
Do it before she dies. Okay, do it before she dies.
Speaker 7 (16:43):
Ok So a quick claim is maybe the best way
to Yeah, I don't know.
Speaker 2 (16:48):
You can't do it as Yeah, you could just to
quick claim, but you're gonna have someone's gonna sue, because
when you have ungrateful grandkids, they end up suing.
Speaker 1 (16:58):
I would talk to a real estate agent or just
to have someone.
Speaker 2 (17:04):
I mean, you can do a quit claim, but I'm
just thinking, would I do a quit claim, just a
simple quit claim? Yeah, you probably can, but there should
be a written agreement that's connected to the quit claim
deed that everybody signs specifically saying I hate my grandkids.
I don't want them to have a you know, just
so it stops them from suing to unravel it, which
(17:24):
they will do because that's what family members tend to do. Yeah,
talk to an attorney, any general attorney, it doesn't matter,
and put in a written agreement in addition to the
quit claim deed. Now, let me tell you about if
you hurt, if you live in chronic pain that's pain
all the time, or you know someone who does, let
(17:45):
me suggest you listen to the Pain Game podcast, because
that's what the Pain Game podcast is about people have
lived with, or dealt with, or have treated those living
in chronic pain, and sometimes have lost people to chronic pain.
The host, Lindsay Soprano, deals with this because she suffers
from chronic pain, and so she started this podcast not
(18:08):
only to help other people, to help herself because here
is what she has discovered, and that is giving pain purpose.
I know that sounds strange, but giving pain purpose is
the way that she and so many people deal with
their pain. And every episode ends with a message of hope.
You can listen to The Pain Game Podcast wherever you
(18:31):
listen to podcasts. The Pain Game Podcast you can follow
on social at the Pain Game Podcast. It is a
revelation in terms of dealing with chronic pain. You got
season four just about to start. Listen to the Pain
Game Podcast.
Speaker 1 (18:49):
This is Handle on the Law. You're listening to Bill
Handle on demand from KFI AM six forty. I am six.
Don't handle here. It is a Saturday morning. Phone numbers.
We do have some lines open.
Speaker 2 (19:06):
It is eight hundred five two zero one five three four.
Eight hundred five two zero one five three four. That's
a number to call and lines are open.
Speaker 1 (19:17):
Welcome back.
Speaker 2 (19:18):
Handle on the Law. Marginal legal advice. Hi Franny, you're up.
Welcome to the show.
Speaker 9 (19:25):
Yes, my neighbor moved and in the process of moving,
they were having the big, huge storage boxes hauled in
the last one that backed in a storage box, he
ran over a plate in the ground and destroyed it.
(19:46):
I think it's it's for communications. And going on two
weeks and nobody has done anything.
Speaker 2 (19:55):
Okay, contacted you contacted them, Okay, I'm sorry, go ahead.
Speaker 9 (20:00):
I contacted our city and was told that is not
their responsibility because it is not a utility box. It's
a communication box. So when the driver came to pick
up the box, I showed it to him. He took
(20:21):
a picture of it and sent it.
Speaker 6 (20:22):
To his boss.
Speaker 9 (20:24):
So his boss is talking to him and he tells then,
and the guy says, wait a minute, let's talk to her.
So he puts me on the phone. I told him
what's happening, and he says, well, yeah, the owner already
took care of it. He called the city and I
told him, I said, the city is not going to.
Speaker 1 (20:48):
Beause nothing happened, right, says right right.
Speaker 2 (20:52):
I'm wondering.
Speaker 9 (20:54):
I'm wondering now if I have to obtain an attorney.
Will they have to pay for it?
Speaker 3 (21:02):
Yeah?
Speaker 1 (21:02):
No, no, and you don't want to get an attorney.
Speaker 2 (21:04):
Attorney's going to cost you far more than just replacing
whatever box there is. You have to simply find out
who did Actually, you have to find out how to
repair the box and whether what communications company? If they
say is communications company, you call your provider?
Speaker 1 (21:22):
All right, do you have internet going in? Do you
have a phone line going in?
Speaker 4 (21:26):
What do you have?
Speaker 1 (21:26):
What service do you use?
Speaker 9 (21:28):
Well, the thing is, I have a serviceman come over
and look at it. He said, it looks like an
old Pacific bill, which, oh, okay, okay, so it does nothing.
Speaker 2 (21:42):
Okay, it's just a plate in the ground. Okay, how
much are I going to cost you to replace a
plate in the ground. I have to find out how
much it cost you. You got to find out what's
going to cost you to replace a plate in the ground.
A few hundred bucks and that's what you sue them for.
In small claims court that said if theudes were cased
a metal plate, it's all it's.
Speaker 1 (22:02):
A metal plate.
Speaker 9 (22:04):
Well it was the old one was concrete because it
just broke it.
Speaker 2 (22:08):
Okay, all right, so hang on, So the one they
broke was concrete. That's even easier. You put a you
have a concrete guy come out, You pay a concrete
guy to put in a plate. That'll be a couple
hundred bucks, and then you sue for that. That one's easy.
Do I need a lawyer to replace a concrete plate
that's two by two?
Speaker 4 (22:28):
Uh?
Speaker 1 (22:28):
Don't think so. Let me see you. Oh my icon
is always screwing up on me. Hey, Mark, welcome to
handle on the law.
Speaker 4 (22:38):
He I'm calling on behalf of a friend of mine.
He his father recently passed away. He was into his
nineties and he spent the last two years. His father
was in a basically in Alzheimer's memory care facility for
the last two years. So father passed away. Now the
brothers are saying that he was my friend was not
(23:00):
included in the will or the trust?
Speaker 1 (23:01):
Well is there a will? Way? Is there a will
or a trust?
Speaker 3 (23:07):
There is?
Speaker 4 (23:08):
There is, and I haven't been able to determine if
it's a will or trust.
Speaker 1 (23:12):
Well it's easy, but yeah, there is.
Speaker 2 (23:14):
A will has to it's a probate and which has
to be opened up. And a will is a public document. Uh,
it is filed with the court. Uh and uh the
name of the document is n Ray, a state of
dead person. Okay, So the fact that he died of
Alzheimer's doesn't matters, not unless he signed a document while
(23:37):
he had Alzheimer's. So now he gets to uh call
the brothers and find out real simply, uh, who's the trustee,
who's the executor? And if they don't tell him something
is not kosher in Denmark.
Speaker 1 (23:55):
Although I don't know how many people, he's already.
Speaker 4 (23:57):
Done that and they're they're not producing. Yeah, how big
of a state.
Speaker 2 (24:01):
Okay, So all right, so we're back to something not
koasher in Denmark, and very few people keep kosher in Denmark.
But that's besides the point. So something's going on. How
much money thinks involved Mark? You know it's got to
be a couple of million millions, Okay, Okay, all right,
fair enough, Okay, Now there it's enough to go see
a lawyer. You want to see he wants to go
(24:21):
see a probate and a state lawyer who will write
a letter instantly probate in a state lawyer who will
write a letter to all of the siblings saying this
is a putative beneficiary that means a beneficiary that you
would think has a claim or was written in the
will or the trust, and we want to see it.
(24:45):
And if they say no, you go to court and
the estate will pay for the defense. As a matter
of fact, the estate will pay or will pay for
his attorney. And you got to do it because I
got to tell you he's based on what you say,
he's being screwed. Someone is screwing him. Yep.
Speaker 1 (25:04):
So he needs an attorney. That's all. Go talk to
appropate the state attorney.
Speaker 4 (25:10):
Can he demand the trust itself?
Speaker 2 (25:12):
Yeah, he demand everything. He demands everything, mark everything, especially
if you're talking about a couple of million dollars state.
How unusual family members screwing family member out of money
concerning a will or a trust. Boy, I've never heard
that one on this show before. This is Handle on
the Law. Hey fine, a M six forty bill handle here.
(25:34):
It is a Saturday morning. Another hour giver take and
then I'm going to take phone calls off the air
at the end of the show, but I'll talk to
you about that later. We do have some lines open.
Eight hundred five two zero one, five three four the
number to call. That's eight hundred five to zero one
(25:55):
five three four, And since we have lines open, you
will get in and hopefully I can tell you you
have absolutely no case, although I've been telling people they
have cases today, man a few Nah, you got nothing there,
but wow, you know, very depressing. Eight hundred and five
two zero one five three four. Welcome back, little froggy
(26:22):
handle on the law. Marginal legal advice. Okay, Zach, you're up.
Welcome the harel on the law.
Speaker 1 (26:30):
Yes, sir, I feel about three weeks I feel it's Bill.
It's Bill.
Speaker 10 (26:36):
I'm sorry, that's Okayologies, apologies.
Speaker 1 (26:39):
Yes, as well, you share it.
Speaker 4 (26:40):
Okay.
Speaker 10 (26:40):
I'm a little hard of hearing.
Speaker 1 (26:41):
On the radio, so that's no problem. Jack Jack, I
was Jack. You're fine, okay, thank you, thank You're welcome.
Speaker 10 (26:48):
About three weeks ago, I was physically assaulted on the sidewalk.
I was kicked in the head and ended up going
to the police station and filing a police report and
got my cts and my X rays done at the hospital.
Speaker 3 (27:00):
Well, not only not only is.
Speaker 10 (27:02):
There this assault in battery, but I had come to
find out because this attacker, who I sort of knew,
but when I saw who he was, I had no
idea why he wanted to almost kill me. I almost
got hit by a car in the street.
Speaker 3 (27:17):
Mind you.
Speaker 10 (27:18):
I found out that he was told a slanderous lie
about me having an affair with someone that he knew.
And about two weeks later, this story was even retold
by the same person and said, oh, I even heard
it from someone else, so like it must be true. Well,
two weeks later I was literally beaten to a pulp
in the street. And so while this assailant who attacked me,
(27:42):
he lives, you know, he has special needs and he
lives on a couch. So while I am going to
press charges and hopefully get him some therapy for his
mental health issues, I'm wondering if this slanderous lie that
was told can be prosecuted outside of a civil manner.
Speaker 1 (28:00):
Not really a matter of fact, you're going to have
a tough time suing for that.
Speaker 2 (28:04):
So someone says that you're having an affair with someone
that's known, someone else says, yeah, I read it, and
it must be true. You know, you're not going to
go any place with that. All you have is the
assault and going against the guy special needs by what
why would you way too nice?
Speaker 4 (28:23):
Why?
Speaker 1 (28:23):
Because he special needs and lives on a couch.
Speaker 10 (28:26):
And the first thing you say is with special needs.
Speaker 1 (28:29):
Okay, that's why, all right, got it?
Speaker 10 (28:32):
So my problem was that this individual was slandering my name.
He said a public he knew that it was alive.
Speaker 2 (28:39):
Yeah, but you know it's okay. Now what you're not
going to be able to connect the two? And what
damages are you Demi? Did you lose your job because
of that? Have you been ostracized from the community? Have
you been thrown out of a church because of an accusation?
That isn't true? People do that all the time.
Speaker 10 (28:59):
The reputa well, I felt that the harm, the harm
to my reputation led to me directly getting assaulted.
Speaker 1 (29:06):
That doesn't matter. That is that one.
Speaker 2 (29:07):
You're not gonna be able to prove. Okay that one,
especially with someone with special needs. That is you cannot blame.
He's you know, Zach is having an affair with someone
I know, and then you're beat up for it. No,
that doesn't fly, or someone says I heard it, therefore
it must be true.
Speaker 1 (29:25):
That's not enough. That is not enough, Zach. The only
thing you no, not really, no, not really.
Speaker 2 (29:32):
Everybody is accused of having a fair with people all
the time. It's just you know, that's just a throwaway.
It's not enough to end the reputation.
Speaker 4 (29:41):
It's not.
Speaker 2 (29:41):
For example, you are the financial head of a financial
organization and you were accused of embezzlement and you lose
your job. That is defamation, but not but not what
you've got going there. You're just too nice too, because
I mean, I understand you deal with kids.
Speaker 10 (30:00):
The guy who got no money, who's sleeping on you.
Speaker 1 (30:04):
All you can do is have them they started it.
Now you're not going to do that.
Speaker 2 (30:07):
You have to have the guy tossed in prison, which
you're not gonna you know, they're not going to do
special needs all kinds of defense.
Speaker 1 (30:14):
Yeah, it's just what it really is is just really
bad bad luck.
Speaker 9 (30:19):
Uh.
Speaker 1 (30:20):
Maggie, Hi, Maggie, you're up. Welcome to handle on the law.
Speaker 8 (30:24):
Thank you for taking my call. I was involved in
an auto accident in August this year, and the other person,
woman has admitted that is her responsibility. I was taken
to the hospital.
Speaker 3 (30:44):
Uh uh, and I was.
Speaker 8 (30:47):
Proven not no bones were injured or anything. It was
all soft tissue and and so on. Anyway, I was
I was in er there for a couple of a
couple of days, and and I was sent home and
I seem to be doing okay. But then on the
about the third day I was home, I suffered tia.
Speaker 1 (31:12):
And what is the tia?
Speaker 8 (31:18):
It's just like a stroke.
Speaker 1 (31:19):
Okay, got it. It doesn't matter. Suffered a stroke.
Speaker 8 (31:23):
Okay, so yeah, it doesn't matter. So anyway, this accident
has proven to totally put me independent of others. I
am elderly, and.
Speaker 1 (31:39):
Yeah, I know you're elderly. How elderly are you, Maggie?
Speaker 8 (31:43):
How elderly? I'm ninety five years You are.
Speaker 1 (31:46):
Good for you. You're ninety five and you're still this sharp? Wow? Okay,
I was gonna make fun of you. But I can't
all alone.
Speaker 8 (31:55):
I have lived alone.
Speaker 1 (31:56):
No, I got it. I got it.
Speaker 2 (31:57):
So when you say, when you say it has it
it has been proven that your accident caused you to
have a stroke.
Speaker 1 (32:06):
Who who is saying that?
Speaker 4 (32:09):
No?
Speaker 8 (32:09):
No, no, no, no, one is saying that. I have
a little medical background and I know a couple of things.
Speaker 2 (32:18):
Okay, and you know what, we've got it. We okay,
we're we're out of time. So what's your question?
Speaker 8 (32:26):
My question is should I assue this person.
Speaker 1 (32:30):
No, not not for your stroke. Not for your stroke.
Speaker 8 (32:34):
No, no, I'm not saying for my stroke, but okay,
for taking my total independence away. I either have to
go into a facility, you know, nursing home.
Speaker 2 (32:44):
I either have to go all right, maybe maybe maybe
as part of your damages, maybe, uh, go to handle
on the law dot com.
Speaker 1 (32:52):
Do you have a computer?
Speaker 7 (32:54):
I do not.
Speaker 1 (32:55):
Oh do you know what a computer is?
Speaker 2 (32:57):
It?
Speaker 8 (32:57):
One time?
Speaker 2 (32:58):
I do not.
Speaker 1 (32:58):
Now, okay, you do know what a computer is? Okay.
Do you have any friends that have computers? Good? Excellent?
Do you know any friends? Good?
Speaker 2 (33:06):
What I want you to do is go to your
friends computer and go to handle on the Law dot
com and you'll talk to a bunch of personal injury
lawyers who are very very good because you have a
fairly complicated case and the damages are not direct I mean,
no broken bones, You're didn't hit in the head, that
sort of thing. It's one one degree separation. So go
(33:30):
to handle on the Law dot com and that's where
you'll get some good information.
Speaker 1 (33:36):
Yeah.
Speaker 2 (33:36):
Sometimes you're a little more complicated now talking about injury
and pain. If you happen to live or know someone
who lives in chronic pain. Chronic pain means it's all
the time, and in some cases it's really severe and
it is just debilitating. So the guests on the show
have lived with, or dealt with, or have treated people
(33:58):
living in chronic pain. There are people who have lost
family members because of chronic pain. So I'm talking about
The Pain Game Podcast. Lindsay Soprano, the host, deals with
chronic pain. She's in chronic pain twenty four to seven
and she created this podcast to not only help other
people in that she helps herself. And every episode ends
(34:21):
with a message of hope. And you'll understand if you
listen to the podcast. The premise is giving pain purpose.
I know that sounds counterintuitive, but that is the way
some people deal with this and maybe you should because
what a way to deal with pain. So listen to
podcasts The Pain Game Podcast, the Pain Game Podcast. Wherever
(34:44):
you hear podcasts out there, you can follow on social
media at the Pain Game Podcast. That's at the Pain
Game Podcast and three seasons already. Season four is on
its way the Pain Game Podcast. This is Handle on
the Law.
Speaker 1 (35:03):
You've been listening to the Bill Handle Show. Catch my
show Monday through Friday, six
Speaker 2 (35:07):
Am to nine am, and anytime on demand on the
iHeartRadio app.
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