(05/27) HOTL Hour 2

Handel on the Law, Marginal Legal Advice

Episode Transcript

(00:00):
This is handle on the law,marginal legal advice where I tell you you
have absolutely no case, which Ido. Well. God, I can
tell how many years I've been doingthis California. How many times have I
told you about California. I livein California. I have lived in California

(00:20):
virtually my entire life. And Californiafor some reason, well there are some
good reasons. There's probably the mostliberal state in the United States. I
think that's fair to say, andin some cases by far. So.
Whenever California passes law the other country, the other states look at it,
and if it's dealing with manufacturing ofsome kind, in California passes a law,

(00:43):
well everybody else follows. Case inpoint, California passed the first limit
on car emissions in the country,and it has some pretty strict laws.
Well, the car manufacturers follow thoselaws across the country. Because California is
such a huge market, They're notgoing to do separate cars for California,

(01:04):
although the oil industry does, therefinery industry does because we have different blends,
etc. So with that in mind, here is one This is California
for You. Assembly Bill for eighteen, proposed by A Congressperson Jesse and Woodland
Hills near Here Democrat passed overwhelmingly inthe California State Assembly and now goes to

(01:29):
the Senate. And what is thebill about. It prohibits the manufacturer sale
distributions of products containing red dye numberthree, titanium dioxide, potassium bromate,
bromanated vegetable oil, or propyl parabinIn California, look at almost anything.

(01:49):
You have, candles, medicine,pizza, drinks, coffee, creamer's flower,
and of course skittles. Skittles isthe big story of this, this
particular law. Also, if youtrain coke or Pepsi, gatorade, Duncan
donuts, Papa John's pizza, youeat their Panera also have those products,

(02:12):
but they have stopped using them priorto the law because AB four eighteen,
if passed, would require food andbeverage companies to change their recipes and eliminate
all of those those particular wizard oils, parabins, chemicals, red diet etc.

(02:39):
And so these companies you're talking about, Pepsi and coke, Duncan donuts,
Papa John's, in anticipation of thebill passing, because of course it's
going to pass. Because this isCalifornia, I have voluntarily stopped doing that.
And if if passed and signed inthe law, which it will be,
AB four eighteen, would require foodand beverage companies to change their sippies

(03:00):
and to be given whatever time thereis. But again, these other companies
and Anticipations said, will do thisprophylactically. We're going to do this in
advance. Now you can imagine theOh and in Europe, that's already the
case. Europe has already banned theseadditives, as you can imagine. The
food and beverage industry is opposing thebill, saying that all five I have

(03:23):
been thoroughly reviewed by federal and statesystems and many international scientific bodies and continue
to be safe. Convening enough,ignoring the fact that the entire European Union,
what thirty countries have said no,thank you, and that's about seven
hundred billion people there has said no. We just ignore that. And of

(03:44):
course the normal corporate babbel food safetyis a paramount concern to US and our
members. This measure usurps the comprehensivefood and safety approval system for these five
additives and predetermines ongoing evaluation. Itdoes it does you, sir? Problem
is it can do it. Thelaw allows that to happen. So and

(04:08):
those that red dye number five thatis so tasty. I mean you know,
let met me tell you it.Really it's a little tiny more red
and it just makes things taste better, especially skittles. Phone call Adrianna,
welcome to handle on the law.Hi. Yes, my father left twenty

(04:32):
acres of property with a manufactured homeon it to four of us siblings.
Three of us want to keep it. One wants us to buy her out
before probate is over. Okay,so we're trying to get alan from somebody.
Nobody seems to want to touch this. Is there any other ways that

(04:53):
we can do this? I knowyou have to go through probate. I
mean you can go to court,yes, and force uh the one sister
to sell her her provision or tosell her percentage. But she doesn't own
anything. It's the estate until probateis finished. She doesn't own anything to

(05:14):
sell you. Now she can Whatare the lawyers saying to that we have
to show proof from a loan thatwe can pay her out? I don't
think because probate. Now, letme tell you, I don't do probate
in estate, but if a propertyis in probate forcing you uh to sell

(05:40):
or to pay off her her percentage, all they have to do. You
need to assess the home, youhave to praise the home, you have
to own the home. Now youhave the you have a interest in the
home, but you don't own it, so she could voluntarily, but I

(06:01):
don't think you can force it.And you got a letter from a probate
attorney. Well, the probate attorneythey did have it assessed, and they
said that we have to show proofthat we can pay her out before probate's
over. I don't understand because Idon't get how you are forced to pay

(06:25):
someone's interest in the property. Imean that it's the property is worth X
dollars now and she doesn't own it. I'm missing something, And so what
I'm going to suggest you do isyou have to talk to a probated attorney
on the other side. The wayI see it, I don't know how
you can sell your interests in apie or be forced to have someone buy

(06:46):
your interests in a piece of propertythat you don't own, that has not
gone through probate and you don't knowthe value of the property until you own
the property. I don't get it. I don't, So I'm going to
have to talk to a probate attorney. You know that probatedtorney may be blowing
smoke? Is that the probate attorneythat is representing the estate? Yes?
Well yeah, and the and hisex wife is the executor? All right?

(07:11):
What is then? I'm missing?Then I'm missing something. I am,
But you're obviously going to have totalk to a probate attorney yourself and
try to figure out what's going onon this one, because I gotta tell
you, I don't see it.I can see forcing a sale once property
is owned, but I can't seeforcing a purchase prior to property is owned

(07:33):
and forcing a buy out. Iokay, I mean that's I don't understand
it. But the first thing Ido is call a probate attorney. Go
hey, does this make any sense? Because I've never heard of it.
This is handle on the law.Hello, Carrie, you're upe I missed
her handle. I am a federalworker. I love my job, my

(07:55):
boss, my co workers. Idon't want to retire. I am eligible
my last review is excellent and excellentattendance, and an a stellar employee.
So I took a few weeks offto remove some stress from my life,
which happens to be my boss's bossboss's boss, and I'm using my sick

(08:18):
leaves, and then I guess I'mgoing to use all my vacation time,
and then I'm going to get toa point where I don't know if you
know the answer, how I wouldfind out the answer since I can no
longer morally work with this person atthe tippy top? Um, okay,
hold on, hold on the workmemorlly in there. I immediately start questioning,

(08:41):
all right, so far, sogood stress medical leave? You could
have actually gone for medical leave dayone based on stress, because that's I
am on sick leaves. Okay,you know they don't know the reason.
It's okay, I did put workin duce. Okay, So what's your
question? So well, I don'tknow about filing a worker's compound stress.

(09:07):
They never get approved, but atleast I would be getting this information out
through all the other federal departments thatmay not know what's going on. And
then could have you ever heard ofa federal worker putting in like a unpaid
leave of absence while they work elsewhereuntil this person would be removed. No,
not at all. Unpaid leave ofac absence and then working elsewhere.

(09:31):
That sounds like quitting to me,because if you're out on sick leave and
you're working, you're not out onsick leave. You're out for some other
reasons. You would end when mysick leave ends. Yes, and I'm
going to be using my vacation knavesand then at that point, I would
well, let me ask this.Hold on, let me ask this.
Are you working someplace else during sickleave? No? Okay, so you're

(09:54):
on sick leave fair enough, andthen you're going to use your vacation fair
enough. And workers comp I don'tknow how it works the federal system,
so I don't know the answer tothat. If it's anything near the system
that the state it's denied by,accepted or denied by an independent body.
In this case, it would bethe Workers Compboard, which is not connected

(10:16):
to the company itself. So you'renot going to get You'll be walking in
and saying I am not going backto work or I am going to be
to take time off because my boss'sboss. The head of the department or
the head of the division. Idon't like what he does. What does
he do by the way, thatmakes you so uncomfortable? Well, I

(10:43):
answer calls from the general public aboutall their mail and packages and identity to
being stolen instead of a customer caredepartment. It's like I'm working at a
report you know, mail set.Okay, all right? What does he
do? What does he do?Agency? It's ridiculous. For the past

(11:03):
three years. What does he do? What does he do? He is
in charge of the United I understand. What does he do to you?
I'm crying in between phone calls.Why and why is it his fault?
You know, just lenning about peopleare calling in because there's spouses and they

(11:28):
understand, no, no, youknow no. I understand, Carrie.
I understand that you're going through alot of issues. You sound like you
you're having a very hard time.I buy that. But my question is
you're saying that I want him fired. I want to stay out and I
want to go back to work orwhatever to get him fired. And my

(11:48):
question is what does he do wrongfully? That's part of this whole picture right
now. It sounds like you justhate the job and you find it too
stressful, like a nine one onedisc atcher. Well, no, the
job is fine, but they've addedthings, so now we have to put
in the reason why people are calling. All right, every phone fall.

(12:09):
I'm reminded that this information goes nowherebecause I understand, But why is it
his fault? Why is it hisfault because he's lying to everyone in by
Why all this to go on about? What? What do you mean he's
lying allowing us to go on?I don't carry I don't understand he is.
He's decided, he's made he hasdecided to change the policy correct carry

(12:37):
it. There has known about allthese masks. If you go on to
carry your robs on YouTube, you'regoing to see this has been doesn't matter,
It doesn't matter. That part doesn'tmatter at all. The point is
what you're complaining about is the jobis so stressful that you're having a hard

(12:58):
time going to the job fair enough? Do you have a worker's comp federally
because it is so stressful? Yeah? I think you do, assuming that
you meet the criteria doctor, apsychologist or an MD. Fine, I
don't see how your boss's boss somehowis responsible for that and should be fired.

(13:22):
He's responsible about the content of thephone calls. How is he responsible
if I call up and I havea dead relative? How is he responsible
for me being upset that someone diedmy family? Did you put out the
announcement basically so all the criminals knowthat there's competition in all the mailboxing content.

(13:43):
Yeah, okay, and carry WhereWhere are you right now? Are
you home sting in bed instead ofworking overtime at home? Did you miss
your medication this morning? I'm noton medication? Oh please? Well,
yeah, let me tell you why. I'm not a doctor, but I
think you really should be for sure. Wow, this is handle on the

(14:09):
law, Tracy. Oh yes,Tracy? What can I do for you?
Hey? Bill, I'm terminally illand I think my brother's my executor.
My dad left some money for me, and I got a brand new
RV that's only about a year oldnow. And I got pulmonary five rosss,
So my lungs are really bad.If I don't get a lung transplant,

(14:31):
I'm in trouble. So my familiesare. They're like vultures on a
wire. When my dad passed,they stole bank accounts, all kinds of
money. My sister has a creditcard from my mom. She's ninety four
and she's ready to pass, andshe likes going the Red Lobster every night
and ordering my pillow from Amazon andjust training my mom's account. What's left.

(14:56):
I don't want to leave my RVto my family. I want to
leave it to an old girlfriend thattreated me right all my life. So
if my brother's my executor, doeshe automatically get my RV when I die?
Okay? Uh, first of all, let's do some chronology here.
The first thing that you have todo is die, obviously, because yeah,

(15:16):
okay, And so once that isdone, you now own an RV.
Are you willing to eliminate? Well, it doesn't matter actually, unfortunately,
because you're you're turning the il.So by the time the sister going
through the credit cards and going upon the stand with a lawsuit asking Red
Lobster every night, for God's sake, I mean, you're honored. That

(15:39):
proves this woman is crazy. That'sher defense. And then how many pillows
can you buy? Is the RVand your name Tracy? Yeah? Yeah,
okay. So once once you pass, then you can do one or
two things. Right now, youcan put it in a trust where you
transfer the title of the RV intoa trust and name any trustee, name

(16:03):
even your old girlfriend of trustee,and she transferred as she transfers it to
herself. If the trust specifically namesthe RV, the beneficiary that's going to
get the RV and the trustee that'sgoing to make it all happen. So
you can also just h you canproduce a will that says the same thing,

(16:25):
and either way you can do iton the internet. It's a very
very simple process because it's one assetthat either can be handed down via a
trust or via a will. Soit's your choice. Easiest, probably a
trust. But then you have totransfer. You get to go to the
DMV and transfer from you to her, but or you to the trust.

(16:51):
There may be there No, therewon't be any tax implication. That's that's
not a tax issue. So anotherway of doing it is, well,
how about this one. And I'mnot a probate and a state lawyer,
but you name yourself the trustee untilyou die, and then you have a
success or trustee. That means ifthe first trustee is dead or incapacitated,

(17:15):
then you have a successor trustee thattakes the place of the first trustee.
And you can be a trustee ofyour own trust. I am a trustee
of my family trust and if Idie, then there is a success or
trustee that distributes all the money.So you have basically have sort of three
ways of doing Your bottom line isyou can leave it to your girlfriend and

(17:37):
not have to worry about your neardo well duplicit his stab in the back
family that you have, so it'snot that difficult. It's going to happen
the way you want it to happen. By the way, how much time
do you have? What do thedoctors say? How much time you have?
I'm trying to get a long transplantright now at UCLA, and there's
a lot of paperwork I gotta sendthem insurance. Yeah yeah, and nobody.

(18:03):
I mean they take their time reviewingeverything, and I got to make
sure I qualify. Yeah. Well, I mean, good luck to you.
I mean, I hope you do. I do. I mean that's
and I've done story after story storyabout this. That's one of things that
I'm fanatic about, and that isthe because we have so few organ donors

(18:26):
and we have more organ donors anywhere, anywhere else in the world. And
so I've always had an answer forthis. It's real simple that you automatically
are an organ donor unless you optout. In other words, you die,
you default to an organ donor,and then the organ off it goes

(18:48):
to whoever needs it, for exampleright here, and it's um, you
know, I think I think theproblem the waiting list would at that point
disappear. That's my take in it. Elizabeth, Hello, Elizabeth, welcome.
Yes, Hello, I'm Elizabeth.Hi. My husband died about nine

(19:10):
months ago. In anyhow I wantto know. I mean he bought the
house, uh, eight months beforewe got married. We've been married forty
eight years, and so I waswondering, I have the legal papers of
the house, Uh for the house, and okay, is the house the
house is in his name? Yes, okay? And does he have siblings

(19:34):
left? Um, like, ummy children? Oh? Sorry, not
siblings. No, does he havechildren? I should have asked that.
Does he have children? Yeah?Yes? How many kids? One?
All? Right? So? Uh? On a simple level, Uh,
since you're married, you get halfthe house and you're his child gets the

(20:00):
other half. If there is nowill, I'm assuming there's no will.
There's no documentation. He just diedand the house is in his name,
right, yes, okay, which, by the way, is not very
bright to do. I mean thatwasn't the did he die unexpectedly? Yes?
Okay, Uh, yeah, nowill. Generally it is to the

(20:25):
wife and children split equally. Now, there could be some arguments since you
were married for so long, Imean, good god, forty eight years.
Is there more of an interest thatyou have than just half? On
the face, you just have half. It's just that simple. And so
you're automatically, automatically entitled. Now, if it had been in both of

(20:48):
your names, you would have gottenall of it, except not quite.
The trick was for either joint tendency, which should have happened, or even
a it's in common uh in ownershipand uh and easily you could have left
it to you anyway. But yeah, you're yeah, I think you're going
to lose half the house. Howmuch is a house worth? I don't

(21:14):
know. I never thought about it. But I pay for the house.
I mean, I've always helped you. See, there's the argument. There's
the argument, uh, in whichI told you the simple answer. When
you paid for the house, didyou work, did he work? Did
you pay for it entirely? No? I always, I always helped pay
for the that well, I meanclearly you have to talk to a probat

(21:37):
and a state lawyer and buy anhour of time. Do you are you
in southern California? Yes? Yeah, prices for housing down here are astronomical.
Uh. Let me ask you whatcity is it in Ontario? Ontario?
Okay? Uh? Okay, uh. The house is worth about eight
dollars um. Anyway, you definitelywant to talk to a probate and state

(22:02):
lawyer. That's what I would do, and figure out do you have more
interests than half? I would thinkSteve, Hello, Steve, Yes,
hello, Yes, I'm here.I Bill. I am married, and
we have a thirty one year olddaughter that lives with us, and we
would like to a victor because sheis abused in us. Okay, And

(22:26):
your question is you want to avictor? Right? Yeah? How can
we have victor? Okay? Okay? A couple of things. If there
is enough abuse, you simply callthe authorities and you complained about elder abuse,
and if you can get her criminally, you're gonna be great. That's
a little why I may not bedifficult if both you and your wife testify

(22:47):
that this is what she's doing,and you you make it and chronological,
this is what happened at ten fifteenam a week ago, this is what
happened at ten twenty three? Whatdid she do? And come up with
as much evidence and evidence being youmemorializing at all. But assuming that isn't
happening, let's say the authority saying, nah, there's not enough there for

(23:07):
elder abuse. You hire a aneviction attorney and you just evictor Steve.
You have the right to a victor, Okay, yeah, No, it's
your property. You can evict anybodywho lives there. She doesn't have a
right to stay there. She can'targue legally I have a right to stay
there. No, you can avictor. So you want a You definitely

(23:30):
want an eviction attorney, and there'smillions of them out there. So bottom
line is you're in good shape.You have a case. This is handle
on the law. Hello David,welcome to hand along law. What can
I do for you? I builtI'm a such a catastrophic injuries a couple

(23:52):
of decades ago, and I've handledit with ope, your medication safely March
of last year, my pain afterdecided to change up my medication within twelve
hours. I was horribly ill withthe reaction. I called my doctor's office
repeatedly, over and over. Aftertwo weeks, after several days, I

(24:12):
wouldn't it too horrible withdrawal. Twoweeks later, I was in the hospital.
My insurance company, without me knowingit, filed a grievance against him.
He became enraged and he called meeverything except my legal name. For
the next seven months, he harassedme and insulted me and threatened me on

(24:34):
the phone. He was going totake away my obtain medication. Then,
in December of last year, Isubmitted my required year in drug screen.
Turns out three drugs turned up inmy urine screen. One of them is
the one that made me so sickthat I couldn't have possibly taken that drug.

(24:56):
It took him three months to tellme I tested dirty, and then
when I got copied, my medicalrecords is filled with horrific wh I threatened
him I was going to break hisproms. I just shrupted his. All
right, let's talk about your injuriesfirst, Okay. As a result of
the withdrawal, as a result ofthe contaminated or the doctored pills or medication.

(25:22):
Where are you now relative to youor then medically? I am without
a pain doctor. H The oneI just found is giving me a third
of the medication. You're surprised.I'm surprised at giving you any opioids,
David. Doctors don't prescribe opioids anymore. They'll give you three days four days
worth pain management. Doctors will notgive you a opioid. So that's off

(25:45):
the table. I had. Ihave let doctors infiltrate my spine. They
want us to do an inflat equalpump. But I've had doctors infiltrate my
spine twice, and that's maybe evenand worse. Well, okay, if
that's normal, you've got to getFirst of all, I got to get
another doctor. I mean that's forstarters. Uh, and been trying.

(26:08):
I'm surprised. I mean, doctorsare out there. Do you have a
decent insurance plan? Well? Ithought I did, I thought I did.
Okay, you know my contaminating mymedical records. The first thing doctors
say is we need your medical records. Okay, that's true, but let
me ask you how do you knowhe contaminated them? How do you prove

(26:30):
that? Because I have done thesethings for twenty years, I had never
tested dirty and two of the drugsare on my do not prescribe list.
Okay, but you went, buthang on a minute. You went,
but you went and picked them upat the pharmacy, correct, correct,
Yeah, Pharmacists have to look atthe medication and if there is medication that's

(26:55):
uh contradictory or contra contraindicated with anotherone, there are react the pharmacist should
let you know. So that's sothe pharmacist is part of this. Huh.
I never I didn't. Okay,then you don't have to worry about
it. Then you okay, thenyou don't have to worry about him.
So the contaminating medication you never eventook, so uh that that's really off

(27:18):
the table. I mean, Idon't know where you're gonna go. I
you can call a medical malpractice attorney, but I don't know where you're gonna
go with that. But I stillwould call just in case. And the
other issue is do you have anyrecord of him threatening you or is it
just on you're on the phone backand forth. I have audio. No,
he said, I threatened him,and I legally recorded our conversations ever

(27:41):
since he how did you legally record? How did you legally record that?
To California? I told him,I said, doctor, I'm recording this.
Oh you are okay? And andhe then, uh, then he
kept threatening you after you said that. Yeah, he said, okay,
to break his wrist. Okay,So why okay? And if I were

(28:03):
the doctor, of course I wouldconsent to you threatening to break my wrists?
What are you gonna do with that? Are you actually are you going
to go and turn in as proofsomehow that he that he did wrong doing?
Where you're threatening to break his wrists? I did not. I have
all the recordings, every conversation.Okay, did you threaten? Hold on,

(28:27):
you're you're, you're, you're makingno sense here, David. Did
you threaten to break his bones?And you have a recording of that?
Yeah, I made no threats whatsoever. You said you made no threats whatsoever.
Wait wait, wait, wait wait, you said you have you have
phone calls recorded that you threatened tobreak his bones. And now you're saying

(28:48):
you have you made no threats.Oh listen, Bill, I have recordings
I said nothing even about threatening him. He put it in my medical records
that I was threatening him. Yeah, I mean, okay, so that
doesn't mean anything because you say that'sjust not true. I mean, I
contaminate fromminating medical records is a violation, I know, but proving that he

(29:11):
contaminated medical records, that he changedthe medical records, I mean, you've
got it's you know, this isnot easy. What what is your damage?
Now? Okay, let's say whereare you now in terms of how
you hurt and about long term prognosis. By the middle of next week,
I will probably be going through ahorrible withdrawal. Yeah, well, people

(29:33):
do I got news for you.That's exactly what people do when they're off
opiates. And now the doctor shouldtreat you for that. There are ways
of dealing with that. And ifthe doctor is then malpracticing, you need
another doctor. I don't think youhave much of a case. Was after
reading my medical records. Doctors Iwas told by my three doctors this week

(29:56):
said, no matter what happens,U, the doctors are going to read
your medical right. Okay, well, all right, then you have to
talk to a med mal a medmalattorney. But based on what you said,
I have some doubts, big doubtsas to whether this is going.
Starting with you don't make a lotof sense. Now, if you own

(30:17):
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(30:38):
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(31:00):
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is handle on the law