Episode Transcript
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Speaker 1 (00:00):
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f Hey, good morning,
it's a Saturday morning, and I hope you're having.
Speaker 2 (00:13):
A good weekend. I hope you think that I was
fairly sincere about that.
Speaker 1 (00:19):
Maybe handle here and it's a legal show next three hours,
fun and frivolity and if you have a question you
want to ask and I will give you marginal legal advice.
A number is always the same, number has been the
same since I've been here. Wow, that was just before
(00:39):
well we were still in the rotary phone business. No,
that's not true. The number is eight hundred five two
zero one five three four. Eight hundred five two zero
one five three four. And as always, first hour, first
part of the show, as we open it the best
time to call in. Sometime I get these emails throughout
(01:01):
the week. Oh Bill, I trited to call you all
week and I couldn't get in. Well, you know what,
when I say we've got time and now we have
lines open, you jump on it. Eight hundred five two
zero one five three four. That's eight hundred five two
zero one five three four.
Speaker 2 (01:18):
We used to say toll free and we used to
have a.
Speaker 1 (01:22):
Local number, and then we had a national toll free
number that was at one point eight hundred numbers were
toll free. Well, those days, of course are long gone.
So the only number one we have left, Not that
you care, but I thought I just mentioned that. Eight
hundred five two zero one five three four is the
(01:42):
number two call. This is handle on the law, marginal
legal advice, where I tell you have absolutely.
Speaker 2 (01:51):
No case and hopefully ruin your life.
Speaker 1 (01:54):
And unfortunately, when you do have a case, then I say, okay,
you got a case, Dan. You'll ask do I need
an attorney? Sometimes yes, sometimes no. Sometimes your nuts not
to go to one, and sometimes it's you know, why
waste your money? You know it's not worth it. Even
if you're right, I'll sit there going no, you're absolutely right,
there's no issue.
Speaker 2 (02:14):
Oh great, well, but there's no money in it.
Speaker 1 (02:17):
You'll never get an attorney to represent you.
Speaker 2 (02:20):
Even if you.
Speaker 1 (02:21):
Win in court, with all the hassle, you'll never see
your money. So sometimes you have to just suck it up,
all right. Eight hundred five two zero one five three four.
This is handle on the law, marginal legal advice, where
I tell you have absolutely no case. Oh, I want
(02:41):
to point something out, by the way, if I sound
a little bit off today, it's because I just had
foot surgery and I'm in still a fair amount of pain.
So I am on a triple dose of percocet, and
I am flying so high that I think I'm actually
gonna like you, which is very unusual for me. Matter
(03:02):
of fact, I think I'm gonna love you.
Speaker 3 (03:03):
Man.
Speaker 2 (03:04):
Yeah, oh man, I love you.
Speaker 1 (03:07):
So we'll see if it wears off. I'll probably get
more and more disgruntled and old manish as I go
through the show. Okay, as I said, this is handle
on the law, marginal legal advice, where I tell you
you have absolutely no case. There is a legal fight
going on in the City of the Angels, where I
(03:30):
have lived virtually my entire life, and it involves two elephants,
Billy and Tina. Now Billy and Tina live at the
Los Angeles Zoo. They used to live with a couple
of more elephants, but those elephants died one I think
of old age, and just they had to put the
(03:51):
elephant down. By the way, that's no small deal putting
an elephant down. The other one, I think had all
kinds of medical problems, so that only leaves Billy and Tina. Yeah,
elephants are very much herd animals, like human beings are.
We like hanging out with each other. Not necessarily me
with you, but we enjoy hanging out with each other
(04:11):
simply our DNA. So the Los Angeles soo that has
a really crappy elephant enclosure, and people are much more
apt to be cognizant of what animals need.
Speaker 2 (04:24):
They've decided that La Zoo people have decided they're.
Speaker 1 (04:27):
Going to take Billy and Tina and transfer Billy and
Tina to the Tulsa Zoo. Well, there are a bunch
of activists who have filed a lawsuit saying Nope, no
Tulsa Zoo for Billy and Tina.
Speaker 2 (04:42):
Why because it's not big.
Speaker 1 (04:44):
Enough, The enclosure is not as good as it should be.
There is a really neat enclosure and that is in
a very different place, and that is an elephant sanctuary
in Tennessee, which they say is bigger, better, brighter. Elephants
(05:05):
will have more fun. They have other elephants there that
they can romp with and play. And therefore we want
a court order stopping you the zoo people from transferring
Billy and Tina over to Tulsa. Well, you know, the
first of all, they filed an emergency order, and the
(05:26):
judge denied that, saying, no, there's not going to be
an emergency order at this point.
Speaker 2 (05:32):
Now, you would think, and this is kind of interesting.
Speaker 1 (05:34):
Whenever emergency orders are filed, judges are pretty leary about
that sort of stuff because there's an underlying case there,
and if it's easy to hear the case later on
and things don't change, you know, let's hold off until
we hear.
Speaker 2 (05:51):
The actual case.
Speaker 1 (05:53):
Otherwise, if the judge allowed that emergency order, granted the
emergency order, you know, Billy and Tina are on their way,
and what if then these activists end up losing, Well,
elephants go back or elephants are transferred over a Tulsa
and you know, it's not cheap transferring an elephant, you know,
(06:15):
I mean, the seats are not very comfortable. You only
put a couple of elephants on a bus. They're just
not a lot of room. So the judge denied the
emergency order legitimately, I think, And then in the underlying case,
then it becomes interesting because the activists are going to say,
the City of La does it not just doesn't have
(06:37):
the power, which is ridiculous for them to say that,
But they made the wrong choice, and we are going
to make the decision for the La City Zoo folks.
And let's say, and I'll tell you what's going to happen.
They're going to bring all of their experts and elephant whispers,
and then the La City do We're going to bring
their experts, and what they really are going to bring
(06:59):
is is their seals, their lawyers, which are actually seals.
That's bark that would be these PhDs, experts in zoology,
and they're all named exactly the same. It's doctor Seal,
doctor Barking Seal. We'll be testifying on the other side
of the issue against doctor Seal, doctor Barking Seal.
Speaker 2 (07:19):
And so one of the Barking Seals.
Speaker 1 (07:21):
Goes Bark Bark Bark Park Park, the other one goes
bark Bark Bark Park Park. And the judge makes a determination.
And in the end, I believe unless it is egregious
and it makes absolutely no sense that Billy and Tina
go to Tulsa, I think they're on their way to Tulsa.
Speaker 2 (07:39):
That's it they're going. And you know, who am I.
Speaker 1 (07:43):
To say that this is not where elephants go? Is
there elephants? Are there enough elephant experts out there? Is
there enough about elephant enclosure science? I don't know. All right,
before we take a break, I want to talk about
you herding and people hurt and if you live in
chronic pain or you know someone who does, and I
(08:05):
do because I live with someone who lives in chronic
pain happens to be my wife. There is a podcast
that she created. It is called The Pain Game Podcast,
and it helps people deal with and people who live
with folks who are suffering chronic pain twenty four to
seven and to watch it is so frustrating and what
(08:26):
do I do?
Speaker 2 (08:26):
What can I do?
Speaker 1 (08:28):
And so the Pain Game Podcast helps people deal with this,
and it really does work. It helps people enormously, enormously.
Every episode actually ends with a message of hope, and
you'll understand that it's about giving pain purpose. That's really counterintuitive,
but that's what it's about. So listen to the Pain
(08:49):
Game Podcast wherever you listen to podcasts, and also, you know,
go on subscribe and you'll get information about this throughout
the week, and they don't hellow you out with all
of these emails five times a day.
Speaker 2 (09:03):
It's really good stuff.
Speaker 1 (09:05):
So sign up at the Pain Game podcast. That's at
the Pain Game podcast and listen to the Pain Game
podcasts and new episodes drop every week.
Speaker 2 (09:17):
All right, we'll take a break, come back.
Speaker 1 (09:20):
This is Handle on the Law. Okay, a fine Saturday
morning bill. Handle here until eleven o'clock the Legal Show,
and the phone numbers eight hundred five two zero one
five three four. Now, this occasionally happens, and especially at
the top of the hour where phone calls are scarce,
And as I've said many many times, since this is
(09:40):
a caller driven show, that means you I have to
answer questions, and so I don't make come up and
then answer them. So I have to answer your questions.
So I am going to tell you lines.
Speaker 2 (09:51):
Are open, we have a couple up.
Speaker 1 (09:53):
But I go through these calls fairly quickly sometimes, so
the numbers eight hundred five two zero one five three four,
eight hundred five two zero one five three four.
Speaker 2 (10:01):
Now, with that being said, what ends up happening?
Speaker 1 (10:05):
If you've listened to the show any length of time,
and if you haven't this.
Speaker 2 (10:08):
This is kind of fine. What ends up happening is
in order to garner more phone.
Speaker 1 (10:13):
Calls, because this is why I don't take phone calls
during the week because of stuff like this. Uh, you
get to listen to my favorite song. I don't know
if you've ever seen the movie Scanners, where you have
this tone that goes through and people's heads explode.
Speaker 2 (10:30):
Yeah, pretty much.
Speaker 1 (10:31):
It's an old sci fi film, very very terrible film.
And so here's what you get to listen Toby check
Baby checkaby set. Now I have spent what's my record,
I think eight minutes on this until phone calls.
Speaker 2 (10:52):
Came in and then and.
Speaker 1 (10:54):
Then people not people themselves, but loved ones write about.
Speaker 2 (10:58):
People that are listening to the show whose heads do explode.
Speaker 1 (11:03):
What'st that movie with Jack Nicholson with the Martians heads
exploding to that's more recent. So it's eight hundred five
to zero one, five, three four.
Speaker 2 (11:13):
A couple more minutes, Sam, bring up the volume, would you.
Speaker 4 (11:25):
Let's go?
Speaker 2 (11:26):
And you can't change the station.
Speaker 1 (11:27):
By the way, it's against the law. You know that
you will be prosecuted if you try to change the
station while this music is on.
Speaker 2 (11:36):
All right, let's go.
Speaker 1 (11:37):
Ahead and take a phone call and see what happens
with this one. Okay, welcome back Handle on the law
marginal legal advice where I Bill Handle, tell you insert
name here, you have absolutely no case and you make
my day when that happens.
Speaker 2 (11:55):
Ted, Hello, Ted, you're up.
Speaker 5 (11:57):
Welcome Bill. Yes hear me, Yeah, Bill boy, I've enjoyed
your show ever since you started.
Speaker 1 (12:04):
Oh, don't even tell me how many years back. That's
the last thing I want to hear it used to be. Bill.
I've been listening to you for fifteen years. Hey, thank you,
I really appreciate it. And then twenty years oops. Yeah,
and then Bill, I've been listening to you to four.
Shut up. I don't want to hear it. Okay, what's
your question? And by the way, thank you for that.
What's your question? Ted?
Speaker 5 (12:24):
It's a free speech question. And I want to express
my political statements about a presidential candidate, well known presidential
candidate from California, and I want to say cheeter, richter
and hypocrite, all right, and the person's name on her
banner and put it on my property. Can I be
(12:46):
successfully sued for libel or slandered for that?
Speaker 1 (12:50):
Probably not because this is people who are public figures
have much less right or they don't have as much
power ensuing for slander or libel, especially if you're talking
about attacking a political figure. I mean, good god, how
(13:10):
many times are political figures attacked? And I don't care
where you are on the political spectrum, and the accusations
are sort of a given. Now, if you were to
specifically say, let's call I'm going to just throw a
person out there that probably has nothing to do with this,
Gavin Newsom, the governor of California. Is that work? Okay?
(13:34):
Just guessing that that was it? All right, So he's
a grifter, he is a thief. Okay, that is sort
of generic in general. Yeah, you're probably allowed to do that. Now,
if you were to say that he stole one hundred
thousand dollars from my account and make an accusation that
(13:54):
specific and it's not true, I think that would be libel,
I would be I think that would be open for
a defamation suit. And then the other issue is can
you put a political banner on your property anyway? And
that has to do with ordinances local ordinances for example,
of course, you have the right to put up anything
(14:15):
you want sort of threatening and sort of inciting, you know,
overturning the US government, et cetera. Or you can say
I believe the government should be dissolved. You can say
that I believe in civil war right now. You can
say that the problem is are their ordinances. Are their
local ordinances.
Speaker 2 (14:32):
That say one of two things.
Speaker 1 (14:34):
If it can be seen from the street or from
the road, it can only be x, it can only
be excise. You can only have thirteen by eighteen or
whatever it is. You can't go beyond that. Also, they
can say, and it's harder for them to say that
political billboards, for example, are restricted, or any kind of
(14:54):
billboard is restricted. They have the right to do that
for basis of safety, for example, saying that people are
distracted who are on the road.
Speaker 2 (15:03):
That's legitimate.
Speaker 1 (15:04):
So the bottom.
Speaker 2 (15:06):
Line is those are the rules.
Speaker 1 (15:08):
And I hope that sort of helps you when you
want to check out what if there's any local or.
Speaker 2 (15:14):
County, city or county ordinance.
Speaker 1 (15:16):
And by the way, speaking on behalf of the Newsome people,
I want to thank you so much for your support.
Speaker 2 (15:22):
Ted.
Speaker 5 (15:23):
Yeah, and if I get sued by him, I'll definitely
be calling you again.
Speaker 1 (15:28):
And I don't know, and they don't sue, and they
don't they don't sue. I mean the only one that
has the ability to sue, and I mean really go
forward to probably be President Trump with that sixty minute thing,
which that lawsuit is ridiculous on its face. Yet CBS
is settling because they don't want to get they don't
want the government getting in the way of their purchase
(15:50):
of a major corporation. So it's really complicated. That's a
good question. That is a very good question, not bad.
All right, Okay, I'll take that. Now, Let's talk about
your business for a moment. And doing business today is
especially in light of the tariffs and the uncertainty, is
just crazy. So let me suggest looking at a company
(16:11):
called NetSuite. And NetSuite is a number one cloud business
management system out there and brings accounting and it brings
financial management inventory. If that's you hr into one efficient suite,
so all of your divisions, all of your programs talk
to each other and you have an instant notification where
(16:32):
you know exactly where you sit. Not only does it
make it easier to do business, allowing you to do
what you do best make money, but it enables you
to do some forecasting better than ever before. If you
do two million dollars or more in business, let me
suggest NetSuite forty one thousand businesses have done exactly this.
Go to NetSuite dot com slash handle. The download is
(16:55):
absolutely free. NetSuite is an office Suite's NetSuite dot com
slash handle.
Speaker 2 (17:01):
That's net Sweet.
Speaker 1 (17:02):
Believe me, I think it's going to help you enormously.
Netsweet dot com slash handle. This is Handle on the Law.
Speaker 4 (17:10):
You're listening to Bill Handle on demand from kf I
am six forty handle here.
Speaker 1 (17:19):
There is a Saturday Morning net and more Handle on
News on the Law.
Speaker 2 (17:25):
Oh where am I going on Monday through Friday?
Speaker 1 (17:27):
Already?
Speaker 2 (17:28):
Welcome back.
Speaker 1 (17:29):
Handle on the Law Marginal Legal Advice where I tell
you have no case, Yo, Chip, Welcome to the show.
Speaker 2 (17:37):
What can I do for you?
Speaker 6 (17:40):
Hi?
Speaker 7 (17:40):
Bill, I'm probably going to I live in California and
I'm probably going to buy a house in Las Vegas.
I was wondering will I be able.
Speaker 1 (17:58):
To move to last.
Speaker 7 (18:01):
But registered Keith Mark R registered in California.
Speaker 1 (18:06):
And by the way, I've this is your a very
unique situation because I rarely hear of people leaving California
and moving out of state. Right, if I were to
answer those questions, that's the only question I would ever answer.
H And the answer is yeah, the answers maybe.
Speaker 7 (18:28):
No, No, I am I am agonizing over this bill.
Speaker 1 (18:33):
Oh yeah, oh god, yeah, yeah, you know what. You're
talking to someone who is doing the same thing. Where
I plan, upon my retirement, moved to Italy and I'll
be I'll keep my home in southern California and then
I will be moving to Italy. Now here is the
magic rule? Where is your residency? If you are out
(18:53):
of California for more than six months and I mean
six months minus one day, Uh, then you don't live
in California and uh your car is registered to whatever
state you live in in California accepts that if your
primary resident residence is still in California and you simply
(19:15):
have a place over there, Uh no, you just registered
over there. Do you plan on bailing out of California
and moving to Nevada?
Speaker 5 (19:23):
No?
Speaker 7 (19:23):
Well, first would be addressed and person you about about
uh me being not me being crazy for moving love baby,
not at all? The home, well, no, the homes I
can't get.
Speaker 1 (19:39):
Yeah, no, I know, we don't have to go there. No,
I understand we don't have to go there. The cost
of housing, et cetera. But do you plan on keeping
you plan on keeping a residence in California?
Speaker 8 (19:50):
I have I am able to keep residency.
Speaker 1 (19:53):
Do you plan do you plan on keeping a residence
in California? Chip? This is going south very quickly, real,
simple yes or no?
Speaker 8 (20:00):
Yes?
Speaker 1 (20:01):
Okay, Now if you are out of that, if you
are out of California and live someplace else for more
than six months, you don't have to you don't have
to register in California. If you are still a resident,
which means six months in one day, then you have
to register in California.
Speaker 2 (20:18):
That was easy. That's just say yes or a no.
Speaker 1 (20:21):
Hello, Jake, welcome to handle on the law.
Speaker 8 (20:25):
Yeah.
Speaker 9 (20:25):
I have to call in because I couldn't bear that
baby shark saw.
Speaker 1 (20:29):
Yeah, I know. Thank you. That's the whole point, Jake,
that's the point. All right. So your head has not
exploded yet, which is good news.
Speaker 2 (20:36):
What can I do for you?
Speaker 9 (20:39):
So I received the letter from the insurance company that reads,
I was principally at fault for the auto accident.
Speaker 1 (20:48):
Okay, that's from your hold on that's from your insurance company.
Speaker 2 (20:50):
Correct, yes, okay, got it.
Speaker 9 (20:53):
And then it goes on to say that I may
request a reconsiderate of a liability determination within thirty days.
Speaker 1 (21:05):
Right and fair enough. That's easy.
Speaker 2 (21:08):
So what's your question?
Speaker 9 (21:11):
So what does that mean in legal jargon?
Speaker 1 (21:14):
Can it's not even legal jargon. Here's the bottom line.
They're saying you're at fault. Your insurance company says, we
accept the fact that Jake is at fault. And your
position is, no, I'm not I'm not at fault, or
I'm only partially at fault. Usually I'm not at fault
at all. Is what your position is. Because here's what happened.
If you are at fault, they pay off the other side.
(21:35):
That's sort of a given, and that's going to ding
against you. There is a record on your insurance about
you having been in a car accident at fault and
you're at fault, and there's two different versions of that.
One injury occurred and that is worse for you, or
to injury did not occur. You simply a fender bender
where they had to repair the car. And so you
(21:57):
have the right. They're telling you to contest our position.
And this is exactly what happened to my daughter. Barbara
was in a car accident in which she was effectively sideswiped,
and the insurance company, our insurance company, said you're at fault,
and we came back, or I came back on her
behalf and said, no, no, not at all. The other
(22:20):
driver is at fault. And then we took pictures and
explained how she couldn't be at fault, and the insurance
company said, you're right, And their bottom line was telling
accepting the fact that Barbara was not at fault, and
telling the insurance company or telling the other driver saying
we're not going to pay you off. You're the one
that's at fault. If you want to go to court,
God bless you. So that's what it means. Now, how
(22:43):
clear is it that you were at fault? Jake?
Speaker 9 (22:46):
What happened, Well, exactly the same thing that happens to Barbara.
Speaker 1 (22:51):
All right, It was a sideswipe incident. Okay, fair enough,
he claims, he claims that you sideswipe, you claim he sideswipe.
So you just get as much evidence as you can.
We took pictures and explained and diagrams of the street
and all that, and we won doesn't mean you're not
gonna It doesn't mean you're gonna win. But Jake, there's
no downside. There's absolutely no downside. It's all upside for you.
(23:13):
Downside you're an exactly the same position you are now.
Speaker 2 (23:17):
Upside is they change.
Speaker 1 (23:20):
And if it turns out they you can attribute fault
to the other side.
Speaker 2 (23:24):
That's not a negative on you.
Speaker 1 (23:25):
You don't get dinged for that, and that is what
you want to Well, if it's a rear ender, what
are you gonna say? Right? Oh no, I didn't rear
end that person. So you know, what can I do?
Or what can you do? Uh?
Speaker 2 (23:38):
Tommy, Hi, Tommy, Welcome.
Speaker 1 (23:43):
Tommy?
Speaker 7 (23:43):
Are you there?
Speaker 1 (23:46):
Dude?
Speaker 2 (23:46):
Do do do do do doo?
Speaker 1 (23:48):
See?
Speaker 2 (23:49):
We have a delay?
Speaker 1 (23:49):
I think of Sam. Is it a minute or thirty seconds?
Our delay thirty seconds? So uh, Tommy is there? Uh yeah?
This gets great because this usually happens towards the end
of the show where someone has been waiting a long
time and as I call for the phone call and
I hang up, just at that moment you hear the
(24:10):
toilet flushing. Oh okay, oh.
Speaker 2 (24:17):
Hey, Robert, welcome.
Speaker 1 (24:18):
What can I do for you.
Speaker 8 (24:21):
Good morning, Yes, sir, I have a question for you,
and lead your question. I teach a CLA.
Speaker 1 (24:29):
What do you teach at U c l A.
Speaker 2 (24:32):
Yes, Oh, good for you. That's impressive. What do you teach, Robert.
Speaker 8 (24:37):
Physics?
Speaker 1 (24:38):
Oh?
Speaker 2 (24:39):
Wow, okay, I'm impressed. All right, fair enough.
Speaker 8 (24:42):
I drive every day almost in the morning.
Speaker 1 (24:45):
Okay, okay.
Speaker 8 (24:47):
There's a lot of busses. There's a lot of busses
stops on the Westwood, Yeah, and they are absolutely filled
with all these homeless sleeping there. And three days ago, well,
I saw an incident where this lady, she looks like
she's Hispanic. She's just waiting there, very innocent, and this
(25:09):
homeless next to her, she almost starts beating her up
and telling her the bus didn't stop because you were
sitting over here. And the lady didn't speak English very well.
So I videotaped everything. I was gonna send it to
the city and to the official to.
Speaker 5 (25:24):
Let me know.
Speaker 8 (25:26):
This is like, you know why we are paying texture
for the bus er.
Speaker 1 (25:30):
I mean, so, what's your question, Robert.
Speaker 8 (25:33):
What's the legality of it?
Speaker 1 (25:35):
You can pray, you can do it. You can video
if it's a public place. You can video all you want,
and you can send it to whatever authority you want.
Speaker 2 (25:42):
You can send it to the police, you can send
it to the if.
Speaker 1 (25:46):
You're videotaping something at the housing authority, if it's act
an A Section eight housing, absolutely you're more you're more
than welcome to do it. Now the issue is.
Speaker 8 (25:58):
Go ahead to the police. And they said, you know,
there's nothing who can do about it.
Speaker 2 (26:01):
Yeah, that's true, because the police.
Speaker 1 (26:02):
Because because you can do all of that, and if
the police do not want to act on it, they don't.
And this is one of those things where it's a
civil issue. They'll tell you, uh, I mean, there is
a criminality to it, but that's stalking, and she would
have to have a record of her standing in front
of somebody or in front of the person that quotes
(26:24):
she was harassing and not let them pass. That becomes
a criminal violation. But don't expect the cops to get involved.
They couldn't care less. So who then send it to
the city senator, to the city attorney, send it to
the city attorney.
Speaker 2 (26:37):
But the city attorney is not going to do anything anyway. Yeah,
that's the way, you know.
Speaker 1 (26:43):
Welcome to the United States, Welcome to the city of
Los Angeles specifically. Now, let me tell you I know
this for a fact. You have bad breath.
Speaker 2 (26:54):
I mean, we all do.
Speaker 1 (26:54):
I woke up this morning at my coffee and I
smell like coffee, and I happen to love it.
Speaker 2 (26:58):
But I you know, my breath is coffee breath, and I.
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Eat onions and I eat garlic, and sometimes I actually
care about the way my breath is leaving my mouth
and offending people. So I'm a big fan of as
you know, Zelman's minty mouth. These are they're not mints,
even though people call them a mint. There are these
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mint part is gone, you pop two or three in
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over and over again, how about a spearmint flavor, and
so they've just done a production to see how it works.
Is delicious, by the way, The spearmint part is wonderful.
So it's different than mint. And here's what they want
to do. They want you to try it.
Speaker 2 (27:59):
So if you order a three pack.
Speaker 1 (28:00):
Or more of regular Zelmans, you will get a pack
of the Spearman absolutely free. So go to Zelmans dot
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M I N S. Zelmans dot com slash kfi. This
is Handle on the Law. This is kfive. You'll handle
(28:22):
here on a Saturday morning eight hundred and five two
zero one five three four.
Speaker 2 (28:28):
Welcome back. Handle on the Law.
Speaker 1 (28:31):
Marginal Legal ad Vice Eileen, Yes, ma'am, what can I
do for you?
Speaker 6 (28:38):
We are trustees of a trust for family members, and
the original trust has half as irrevocable upon death. After
the spouse died, the surviving spouse went to an attorney
and made a completely new trust, and we have a
copy of the original trust.
Speaker 1 (28:58):
But okay, I'm a little confused. Okay, you have an
irrevocable trust right and the now the trust over the
person makes the trust dies and who changed? Who changed
the trust? The beneficiaries?
Speaker 6 (29:16):
I'm sorry, No, the surviving spouse.
Speaker 1 (29:20):
Changed the trust to new beneficiaries.
Speaker 6 (29:25):
No, she she went and got a completely different trust,
kept us as trustees still.
Speaker 1 (29:34):
But okay, I got it all right, got it? I lean,
the irrevocable trust controls here. Whatever she does is not valid.
Speaker 6 (29:44):
Irrevocable means, and so it's one half. So it's the.
Speaker 1 (29:48):
Doesn't matter, it's whatever the area, it's whatever the irrevocable
trust says, that's where it goes. And if half goes
to if half goes to a beneficiary, that beneficiary can
do it whatever he or she wants. This her money
at that moment. She gets whatever the irrevocable trust says.
But the irrevocable trust cannot be changed. There is no
(30:10):
new trust.
Speaker 6 (30:12):
Right, we kind of figured that there's no new trust,
so we have to go back to the original. The
original says she can spend half.
Speaker 1 (30:19):
That's exact. Well, then that's the irrevocable trust. That's exactly
what she can and she can do whatever she wants
with that half that she gets.
Speaker 6 (30:27):
It's her money, right, I mean, she's probably spent half.
Speaker 1 (30:33):
It doesn't matter. It's her money. She can do whatever
she wants. I lean, So where where is the discussion here?
I don't quite understand where you're going with this?
Speaker 6 (30:40):
Well, what's what's going to happen when she passes?
Speaker 1 (30:44):
It depends it's whatever, it's whatever, it's whatever. She wants
her money to go.
Speaker 2 (30:50):
She can leave it to her kids.
Speaker 1 (30:51):
You can write a new trust, she can write her
trust with the money. She can do whatever she.
Speaker 6 (30:56):
Wants to trust though, with all the money.
Speaker 1 (30:59):
So how do we do Then that is illegal? Then, II, Leen,
it's an invalid trust.
Speaker 2 (31:04):
It's invalid.
Speaker 1 (31:05):
Okay. And if she took the money, then worry about it. Yeah, Well,
it depends on if she did it. I don't know
how she did it, but if she did it, then
you go after her. How much money is involved here, Eileen,
what are we talking about?
Speaker 6 (31:16):
That's several million?
Speaker 1 (31:17):
Okay, well, then it's time to talk to a trust
in a state attorney, that's for sure, because if you're
talking that much money, you bet?
Speaker 2 (31:25):
Rose?
Speaker 1 (31:25):
Hello, Rose, you're up. Welcome? Hi Will Yes, I have.
Speaker 3 (31:31):
A question for you. I overpaid life insurance and I
was trying to the leg the overpayment and the life insurance.
Don't kind of take a walk.
Speaker 1 (31:41):
Okay, how much did you overpay? How did you overpay it?
Speaker 3 (31:45):
Stupidity?
Speaker 1 (31:46):
No, no, no, no, I understand, but what well, Okay,
so you have a monthly you have a monthly bill,
let's call it two hundred dollars a month. Did you
pay more than the two hundred dollars a month?
Speaker 3 (31:57):
No, I just paid for too many years.
Speaker 1 (32:00):
What does that mean you paid for too many years?
I don't get that.
Speaker 3 (32:04):
I didn't think my mom was going to live past
some certain age. Okay, and I have overpaid for I overpaid,
like twenty thousand over I.
Speaker 1 (32:12):
Don't understand that you overpaid because your mom lives longer
than you thought. What does the insurance What does the
insurance policy? What does it say in terms of what
you owe?
Speaker 3 (32:23):
It doesn't say anything. It's very kind of like blank,
very and I tried talking.
Speaker 1 (32:28):
To Okay, so I don't have a question. So you
think that you should stop insurance if your mom dies.
If your mom's supposed to die when she's ninety three,
you should not have to pay beyond ninety three. Is
that what you're saying?
Speaker 3 (32:41):
No, I just wanted I just wanted to collect the
amom that I have over paid.
Speaker 1 (32:45):
But what does that mean you overpaid? I don't How
do you know you overpaid? What are you saying you overpaid?
How more than the bill? Did you pay for longer
than you thought bill?
Speaker 3 (32:57):
The policy was for twenty thousand?
Speaker 1 (32:58):
Okay, I understand, But where did you overpay roans? Where
did you overpay? Where did you overpay rose?
Speaker 3 (33:07):
It was the monthly payment that I paid for.
Speaker 5 (33:09):
Ah.
Speaker 1 (33:10):
Okay, so you paid more than that. You paid more
than the monthly payment, is what you're saying. Yes, okay, God, yeah,
thank you for straightening that one out. Okay, you're going
to ask for the money back. You overpaid, and you
know do you are? You owed the money? Probably? However,
why didn't you look? You have a life insurance policy.
(33:31):
Here's how much you're supposed to pay, and you paid
more than that. You're the idiot here, and so understand that. Yeah, okay,
twenty thousand dollars. Okay, here's the problem you got with
twenty thousand dollars. It's probably not enough to hire an attorney,
and on top of that, it probably it's too much
money for small claims court.
Speaker 2 (33:50):
Those are the issues involved.
Speaker 1 (33:53):
Yeah, you get it back, but getting it back if
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Speaker 2 (34:46):
This is handle on the law.
Speaker 4 (34:49):
You're listening to bill Handle on demand from KFI AM
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