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May 18, 2024 24 mins
Handel on the Law, Marginal Legal Advice. 
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(00:00):
This is handle on the law,marginal legal advice where I tell you you
have absolutely no case. Here isa legal question of extraordinary import and this
is in Indiana. And here isthe legal question. Are tacos considered sandwiches?

(00:23):
Oooo? That's a big one,isn't it? And let me explain.
At first, you just go,come on, tacos are sandwiches?
Are not sandwiches? And that's justbanter that you have, you know,
at a water cooler, sitting downdinner or going off to Taco bell or
whatever. But it really, itreally is a legal question. And a

(00:46):
judge ruled on this because this wasa case so Indiana, Allen County.
The Superior Court judge Craig Boubey wrotein a ruling that tacos and burritos are
Mexican style sandwiches. They are sandwiches. And this is a case reviewing whether

(01:11):
a restaurant famous Taco could open anew location. It was at at Fort
Wayne Shopping Center. They opened anew one. Nope, couldn't open one.
Why because the zoning policy for theproperty prohibits fast food but allows exceptions
for restaurants whose primary business is tosell made to order sandwiches, subway style

(01:34):
sandwiches. So the application was made. The city Commission said nope, because
you don't sell sandwiches. You selltacos and burritos. By the way,
I don't know how that exception cameinto the city zoning, but I'm assuming
that these various subway for example,came in there. Maybe they have a

(02:00):
whole lot of subway sandwich shops,or somebody on the city council has a
subway stand or sells these submarine sandwiches. Don't know, So the city denied
request. So they sue Famous Tacossue saying, wait a minute, what
we do are sandwiches? And whyWell, because he said they're sandwiches,

(02:31):
So you've got be to order Greekgyros or heroes. You know those pizza
wrapped with the meat that's on thatbig skewer, that vertical skewer, and
they cut it and they put itin this pizza wrap thing. Sure,
look like sandwiches is not a sandwich. Well it's not a submarine sandwich,

(02:51):
but it's a sandwich. And soyou have Indian non wraps are those sandwiches.
So this is what the judge said, All of those are sandwiches,
and a sandwiches a sandwich is asandwich, and therefore famous taco is able

(03:12):
to open up its stand because burritosand tacos are sandwiches. Now, in
the case of tacos, they canbe they can be crispy sandwiches, or
in the case of tacos, aldcarbone, they can be soft corn towards
you's the little ones that you putall good stuff in it. So if

(03:36):
you ever ever are in a conversationwith someone regarding whether tacos and breeders are
sandwiches, you can pourt point toa Fort Fort Wayne, Indiana legal decision
that, in fact, tacos aresandwiches. Great case, by the way,
Love it, Chris, Welcome tothe show. First up, Good

(04:00):
morning Bill, long time, longtime listener. I have I'll get right
into it. I went to thedentist about it a year ago, got
a prep done for a crown.They double charged me on my bill,
so things got kind of uncomfortable.It started got it just got hard to
go in for the appointments. Butthey charged my dental card the full price

(04:26):
and I'm only supposed to pay likethree fifty. It was for the copey
charged the dental net card. SoI kind of got back and forth into
it with them about that, tryingto get them to take it off.
So I, okay, hand ona minute, Hold on, hold on,
you pay three point fifty copay andsince they charged it twice, did
you have to pay seven hundred?No, they actually first they double charged

(04:48):
me and charged me for two teeth. So right off the bat, our
relationship wasn't good because the receptionist orthe person in the front office wouldn't okay,
all right, So I got that. I got that. So they
charged you insurance company for two ofthem. You paid the copay for one.
Is that correct in the bottom line, I'll get I'll get, try

(05:09):
to get as concise as I canbottom line right now. The problem that
I have is got that cleared up. So it just set up bad relationship
between me and I kind of losttouch. I can't understand that. Eually
I got the I was I foundout from Blue Shield. I was only
supposed to pay. I think itwas actually three twenty and fifty I paid.

(05:31):
Well, No, they charged mydental card right now sixteen hundred and
fifty dollars because they because I wasusing the dental card. I guess they
just decided to charge all right,and so what Okay? I got it
all? So what's your question,Chris? Okay, so there you go.
So now I have not been ableto even First of all, I
found out from boot Blue Shield theyovercharged. So that's been an agrievance for

(05:53):
like a year. But now becausethe relationship got weird, they won't call
me back and make an appointment forme. What's so, what's your question?
Chris? How do I I'm payingfor a crown I don't have I'm
paying Okay, you're paying for theypay or the insurance is paying for it.
I'm paying it on my dental cardand the dental Okay. I thought
you're only paying I thought you're onlypaying for one, Chris, the three

(06:15):
fifty? I am only paying forone? So what did they charge?
So? All right, so youpaid for three fifty? So your question
is what you can't say I'm payingfor two, you're paying for one?
No? No, no, Iguess I said the question wrong. Bottom
line is the dental office charge sixteenfifty to my dental card. Okay,
and you paid and you paid threefifty for one? Correct? Right,

(06:39):
but I'm still but they overcharged ontomy dental card sixteen hundreds. I understand
they charged your insurance company too much. Not you, they charged No,
I'm paying on that. I paidit. So you're paying for two.
You said you're only paying for one, and now you're saying you're paying for
more than one that your code pay. You're being charged a code pay for

(07:02):
more than one tooth? Is thatcorrect? No, this is only for
one tooth. Okay, but you'reyou're making it really confused. You're going
I only paid for one. NoI paid for two. No I paid
for one. No I paid fortwo. They charged the insurance company for
two. So let me bring abottom line here. You've only paid for
one, so you're done. Ifthey're charging don't have the tooth, they

(07:29):
won't let me, they won't.Okay, got it. So you paid
for one, but you don't haveit. I only paid for one,
all right, and you don't haveit. And you don't have and you
don't have the tooth. Correct you, you have a hole in your mouth
exactly? Okay, got it?All right? Fine, now I understand,
now I understand, go good,good good, all right, all

(07:50):
right, I got it. Igot it, all right. So now
here's the answering. Concise. Yeah, you're concise. That's the word I
used for this phone call. Goahead. Oh I've been trying to clear
it up with you. Okay,well leave me. Yeah you know you're
you're very, very confusing and anythingbut concise. But here's the bottom line.

(08:11):
If you paid for a tooth thecoppay, you are entitled to the
tooth, and if they refuse togive you an appointment, depend on that
put in the tooth which you paidfor. Then you go to another dentist
and finish up the tooth, andyou sue them for the cope pay.

(08:31):
Yeah, you sue the first dentistbecause they will not finish the tooth of
which you paid the copay. You'repaid in full, and they screwed you
out of a tooth. So nowyou paid for a hole in your mouth,
all right, and they won't fixit even though you paid for it.
So you go to another dentist,okay, and you pay the other
dentist and you turn around and youtell dentist number one either, no,

(08:56):
you just say I'm suing you.That's all you sue for. I would
sue for the entire three to fiftythat's your co pay. And at the
same time, no, no,you didn't pay sixteen fifty. The insurance
fun up, but he paid sixteenfifty. No, I'm trying to tell
you it's on my dental card.I understand, but it's not. But
they paid. The insurance company paid. The problem is is the dentist is

(09:22):
defrauding the insurance company. It's betweenthem there, Friday, They're all right,
I can't get them boy, andI'm concise, right, this is
handle on the law. Oh well, before we go, let me tell
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(09:46):
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(10:11):
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(10:33):
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office. Suite's NetSuite dot com slashhandle. Hello John, you're up,

(10:58):
welcome. Hell Yeah, this isregarding me. This is regarding a will
that my sister made in two thousandand eight in the state of Iowa.
She subsequently had a power of attorneydrafted. One or two of those she
passed away. So my assumption isis the power of attorney is nullified.

(11:22):
Is that correct? I think soyeah, Because you have someone that's the
power of attorney power of attorney overher, she is dead, and you
can have all the power of attorneyover a dead person but last time I
checked dead people don't engage in contracts, don't engage in legal maneuvers because they're
kinda I don't know dead. Sowhat happened as a result of all this?

(11:48):
She passed away two days ago?So hey, I'm sorry that was
I shouldn't have done that. Youknow, time, don't worry about it.
Yeah you can, yeah, alittle too soon, but all right,
go ahead. So unfortunately she diedago. I'm thick skinned. You
can't bother me. Okay, allright. The will has three parties on

(12:11):
it. It's to split her theproceeds of her estate, myself being one,
her boyfriend or mate that she livedwith for twenty some years, and
then my sister who lives in London. Okay, so what has the precedence
right now? Just the will itself? Oh yeah, absolutely, yeah that's

(12:35):
what I thought. Yeah. Yeah, who's the executor of the will?
Well, there's now we run intoanother problem. My brother was assigned as
the executor. He doesn't want anythingto do with it. Okay, he
can say no, he can sayno. Yeah, there's a secondary person
who lives someplace in Illinois. Okay, you can't and you can't find that
person, right, not just yet. I haven't called okay, all right

(13:01):
so far, so she may shemay differ from it as well. Okay,
would that Could that possibly make myselfexecutor? No, you it doesn't
automatically. What happens is that theprobate court is going to appoint an executor,
and you can go in and askto be the executor because you are

(13:24):
that close, this is your sister, and the court has a lot of
jurisdiction here. It has jurisdiction,there's a lot of oversight. The court
may assign what is called a master, which is someone who works with the
court and is on a panel whenthe court decides. When there's a huge
conflict, for example, that easiestway is just to assign a lawyer who

(13:48):
has a lot of experience, amediator, someone who has no skin in
the game. But you can certainlyask to be You can certainly ask to
be the executor, and if noone else asks for it, and you're
close and no one's going to contestit, you're going to be the executor.
And then you have to split theproperty, which means you probably have
to sell it unless the all threeof you agree that you're going to rent

(14:11):
it, which probably very rare.We're only talking about the estate itself.
Nothing, Well, what's in theestate? I mean that any houses in
the estate. What's in the estate? Just money? Okay, Well that's
easy. Is just split the moneythree ways and you're done. Okay,
Yeah, that's easy. Would whowould be the executor of that? Who

(14:33):
have no no? If the executorof the will, who's ever named by
the court in this case, wouldsplit the money, and that would be
you. If the court allowed youto be the executor, which, as
I said, if there's no onecontesting it, if everybody's okay with it,
who are beneficiaries? The Court's goingto go, sure, John,
you're the executor, split up themoney, and then you have to report
to the court to close approbate thatyou've done pursuing to the terms of the

(14:56):
will. So there's a lot ofoversight here. You're going to be fine.
Uh, there's no question. Ididn't. I forgot to ask how
much money is involved? Damn uh? Victor Hi, Victor Hi, Bill,
Yeah, I gotta after probate,after probate, they would cut the
people that decided to liquidate the propertywere cut doing it. Illegally because the

(15:22):
child. How are they doing Theystole all the paperwork from the deceased father
and they manipulated it. Okay,but hang on a mane, hold on,
I have a question, victor probate. After the probate probates open.
Uh, the decision was made howto split all the money? Last court

(15:46):
is on the fourth and that's whenthey're gonna go. They went through his
old stag DECI. Okay, Soyou're gonna argue fraud. Okay, fair
enough. You're gonna argue that theygleaned the place out. How did they
do that because it's in them becausethat's in the name everything in the name
of the dead person. Yes,okay, And they what do they do?
Do they forge? Hold on?Do they forge the dead person's name

(16:10):
on to the bank, to anything, the car, to the house?
Okay? So they forge the deadperson? Got it? Okay? You
have to argue two things. NumberOne, dead people can't sign very important.
Number Two, this is a forgery. And boy, this is serious
stuff. This is criminality on theirpart. And you are going to be

(16:30):
in front of the probate court,and you're going to be in front of
the probate cord. But it's reallyinteresting because they're claiming two things. Number
one, uh, the dead personright is alive and uh, number two
because if the dead person is dead, you can't do anything until the executor

(16:52):
does it. And number two incourt, I'm sorry, Royal quit in
court because they were they got caught. Okay, fine, fine, So
all you have to do is proveit, probe at prove at probe,
you go, this is a forgery. And uh they had to ascertain they
and they had to say that forsome reason, uh, the person was

(17:15):
alive or pretend the person was alive, and it's really the person who is
uh now dead signed the documents.That's criminality. Not only is that civil,
that's criminality. But here's the point. How much money do they take?
Okay, so that's big enough,But they defrauded. They out of
the court and they stole money fromyou guys. Is that bank they took

(17:38):
it out of the bank was fraud? Yeah? Yeah, everything is fraud.
Everything they did was f Yeah,you're gonna say it's fraud, and
you're gonna hopefully and you're probably andhopefully you're going to prove it, show
that the signatures are fraud. Andif you have to, you bring in

(17:59):
a hand writing expert. If youhave to, well, well the thing
is they have an investigator. Okay, then the investigator. Then the investigator
is going to prove that it wasa forgery unless the investigator says it is
not a forgery. Now does thecourt listen to an investigator? No,

(18:21):
you need a handwriting expert to sayit's a forgery. Who gives a crap?
What the investigator does? He looksfor stuff, He doesn't make a
he does make a living as anexpert in handwriting analysis. How do I
find a handwriting So now that isthat is different. What you want to
do is get a trust in astate lawyer to represent your interests and the

(18:42):
beneficiaries who were screwed. Uh.And you start looking and they'll have handwriting
experts because they or anybody who's dealtwith this kind of situation before. So
you get to find a trust.You get to find a trust in a
state. I'm sorry, can wesee the relative for Chell House after we
told her not to ted to probate? Well? Not they merged. Not

(19:04):
if they forged the document and therealtor in good faith was looking at a
signature notarized. We we we protestedthat. It doesn't matter. Did you
you protested it? Did you file? Did you file in order to freeze
everything? Not to freeze? Buthow did you protest it? Who do

(19:27):
you protested? Who did you protestit to? To say, wait a
minute, hold on. You saidwill at the beginning of this conversation,
and now you say trust. Youwant to tell me which one it is?
There? No will? Is therea trust? Is there a trust?

(19:48):
Trust? Say? Will? Youwant to say trust? What are
you doing to me? What areyou doing? You don't want to know
what I'm doing. I'm hanging upon you, That's what I'm doing.
Hello Mary. Hi. Four yearsago, I was notified in an email
from my sister that us siblings werebeneficiaries to a family friend's trust. My

(20:12):
sister was not a trustee or representativeor anything. Within these four years,
we siblings have called this attorney's office, sent emails, stepped into his office
unannounced, and to date no contactfrom him. Accept a letter this past
November that we needed two witnesses tothis like check we would be receiving in

(20:37):
the amount of about two thousand dollars. Yeah, why would you need two
witnesses to receive a check? Mary, Yes, that's kind of bizarre.
I've never heard that. And ifhe overpaid us, we would have to
reimburse his own. Yeah, thatmakes sense. Okay, I mean that's
legit, but I don't understand thewitness proper the trust. I'm sorry,

(20:59):
there was no of the no copyof the trust. Okay, why did
you wait four years? Well,we've all just been sitting on it thinking
he was busy. Four years.It was a shock. Four years.
Well what were we supposed to do? Okay, I'll tell you. What
we're supposed to do is, Uh, how do you know if you'd have

(21:19):
no copy of the trust? Numberone, how do you know that he
was involved in it at all?Good question. All we were sent was
this email that said we were beneficiaries. Okay, and the lawyer with that
in mind, the lawyer has notcontacted you. Correct, That's correct?

(21:41):
All right? You take you goto the state bar on that one,
Oh, state bar, State bar. You complained to the state bar because
he has if he is the trusteeor he is involved in the trust,
maybe administrator of the trust in someway, Uh, then he has a
duty to Uh. If he's contactingyou to say you're a beneficiary and waits

(22:03):
four years, that doesn't work.Uh, that is effectively abandoned and a
client. You go to the statebar. You complain to the state bar
on that one. That's how youstart. Now on the computer, it
says that the attorney is a beneficiaryand a trustee at the same time.
Yes, okay, there's a problem. That's state bar time also because that

(22:26):
is a conflict of interest from hereto the moon, and without a waiver,
he's in trouble on that one too. Yep, okay, you go
for that one. Just fill outthe complaint. Just fill out the bar
complaint and send him a copy.Okay, So he's the trust attorney and
the beneficiary as well. And ohyeah, oh yeah, oh yeah,
yeah. Yeah. That's a bigproblem. That's a big Now it's possible

(22:52):
that it's legit, but he hasto be very very careful with that because
he is. Everybody has to beinformed every but he has to wave the
conflict, and even then it becomesfairly problematic to say the least. I
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