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June 22, 2024 29 mins
Handel on the Law, Marginal Legal Advice. 
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Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:00):
This is handle on the law,marginal legal advice where I tell you you
have absolutely no case. But theSupreme Court actually it's very cyclical. It
goes from liberal to conservative, toliberal to conservative. Just look at the
history and it looks like in asilloscope. And we have come off of

(00:22):
an extraordinary liberal court back in theseventies and the eighties, where the concept
of separation of church and state wasin many cases taken to an extreme.
I mean there was no religion atall allowed in the schools or in any

(00:43):
kind of governmental activity or governmental buildingor location. I mean this is particularly
in the schools. That's where thebig issues were just it wasn't allowed,
no prayer in schools, not amoment of silence, nothing. So now
the court has gone super conservative,and you're finding that the definition of freedom

(01:06):
of religion, separation of church andstate is now it's decreasing. The difference
is now getting lower, it isnow getting closer, which means there's more
there's a bigger argument for putting religionin the schools because it doesn't violate separation
of church and state, per theCourt. So here's what just happened in

(01:29):
Louisiana. Believe me, this isgoing to go out. The Supreme Court
Louisiana just passed the law that theTen Commandments must be placed in every classroom
from kindergarten right up to university level, state run or state funded universities,
colleges, universities, and not justa little plaque either, a large,

(01:55):
easily readable font at the Ten Commandmentseverybody gets to read. And the argument
is, the Louisiana Governor said,this is all we're doing is putting up
laws, because all of our lawsare based on that. And of course

(02:15):
those that are going to argue,no, that's religious, well, I
think they're going to lose. AndI'll tell you why, because I think
the court may agree with whether it'sreligious or not no idea, but I
think what they're going to do eitherway, if they decide it's just laws
that has not to do with religion, then there's no expansion of or actually

(02:38):
a decrease of the laws of separationof church and state. They may just
go, sure, it is religious, and we're okay with it. It
is not a violation of that doctrineseparation of church and state, not as
far as we're concerned. And that'swhat I think the courts are going to

(03:00):
do in the meantime, the governor. And this is Louisiana, and of
course it's a southern state. It'sa very red state. The evangelicals have
a great deal of power in thestate. The evangelicals are very responsible for
the three very conservative Supreme Court justicesbecause President Trump was then President Trump,

(03:23):
who had the ability to nominate threejudges. How in one term, that
doesn't happen very often, and that'swhat happened. So you're going to see
the concept of separation of church andstate virtually disappear. There'll be plenty of
religion in the classroom. That's mytake on it. All right, let's

(03:43):
take some phone calls and back wego. We're going to Missy, so
Misty, before you dive into whatyou were doing, a couple things.
We're gonna take it from the beginning. Okay, I'm going to interrupt a
few times in asking you questions becauseonce I have what or fact base you
have, I got it. Youdon't have to explain any further. And
then you explain further, and thenI go, I got it. I

(04:05):
understand. Because I have no patience. As you know, So with that
being said, misty, let's pretendyou had nothing to do with any phone
calls prior to this hour. SoI'm going to start. Hey, missy,
welcome to handle on the law.Hi, my dad died, leaving

(04:27):
his estate to my eldest brother andsister. After that happened, my brother
completely cut off my sister, nocommunication, He changed the locks on the
house. That would have been halfheard. Okay, then let me trust
you. Okay, your dad dies. Who is the executor of the will.
There's a lawyer I got. Igot a copy of the will sent

(04:50):
to me by a lawyer, andI don't have it on me light Now,
okay, we're you gonna need itbecause if the lawyer is the executor,
and if the will has been probated, then the title of the title
of the estate. In this case, it's a car, right, Okay,

(05:12):
it's a house. So now Idon't know how your brother can do
that because he doesn't own the houseunless it has been probated, and then
if it has uh then both siblingsown the house. And so I don't
how did he do that? Hejust locked her aunt speak Okay, she

(05:32):
did nothing. She did nothing wasafraid. She was she was afraid to
do anything, so she did nothing. Okay, what was the timeline from
the time that probate was settled toshe did nothing? How long did that
go? I don't know because shedoesn't know and I don't speak to my

(05:54):
Okay, so she doesn't know.She doesn't know when probate was opened.
Well, no, okay, shecan find that out. She can pull
that. She can't find that out, misty Bill Bill. She died,
okay, a few days ago.So my question is can her children now?
Yeah, her kids can because they'reentitled. Yes, because they're entitled

(06:17):
to half of that estate, halfof the house. However, wait,
but you got a statue of limitationsissue because you can't wait five years or
eight years. I understand that that'sthe problem. That's the problem you have.
Yes, the kids are entitled,but your sister didn't do anything to

(06:41):
put the title in her name andwhen it when the brother didn't, then
she should have come back and suedhim and she didn't for years. Yes,
all right, So that you needto you need to probate in a
state lawyer to give you advice onthat one, because as far as I

(07:01):
see it, it's just a statute. Yeah, you can't be afraid.
I mean a house. Gee,I'm you know, my brother cut off
everything. I'm afraid to go andsomehow try to invoke my rights or somehow
to get title into a house thatI should. Hello Valerie, welcome to
the show. Yes, ma'am,thank you very much. I am a

(07:24):
tenant in a apartment building which issoon going to be sizeally retrofitted. Each
apartment has one car parking in coveredparking. Our parking is not going to
be available to us for fourteen tosixteen weeks. Our landlord is asking us

(07:45):
to find alternative parking, which wehave to pay for. Is that legal?
Well, I'm not a question oflegal or illegal. It's a question
of is he responsible? Yes,yes he is. Do you have a
lease? No, we are inmonths tomorrow, all right. But part

(08:05):
of the arrangement originally when you hadthe lease, it included parking or even
if it didn't even matter if youwere parking there, just by virtue of
the fact that you were parking therefor X number of months how long you
been living there, by the way, years, oh man, And parking

(08:26):
was always there. You always hadparking, always oh yeah, yeah,
yeah, yeah, he's responsible.You don't pay for it. I mean
you may have to pay for itinitially because he says no, thank you,
but clearly he is responsible. Andnow you have a very interesting situation,
and that is you are paying forit because you have to park your

(08:46):
place, your car someplace. Heis responsible for it. And so now
you have a couple of choices,one of them being the easiest, is
you just withhold that from the rent. That's all. You withhold it from
the rent. Now what does thatmean. What's the consequence of that.
You've got one pissed off landlord whois not happy, who now is saying
when you withhold the rent, he'sgoing to sue you if he is for

(09:09):
non payment of rent, because heis saying that you owe all the rent,
and for you not to pay allthe rent, you are in violation.
You must pay all the rent.So he gives you a three day
notice to pay rent or quit.The amount of money that he's asking for
is what you have spent and whatyou have deducted. He's going to lose,

(09:33):
You're going to win. And thenwe go back to you have one
pissed off the landlord and so Iwould negotiate. I'd say, hey,
listen, I'll pop in. Howmuch is it parking off off premises?
Off premises? Seventy five dollars amonth for nighttime parking, twenty seven dollars

(09:56):
a month for on street parking?Uh, you know it's I don't know.
It is seventy five dollars a monthfor fourteen weeks. Sixteen weeks going
to affect your lifestyle. Probably not, But I just suck. I would
I would just suck. I wouldjust suck it up and maybe mentioned Hey,

(10:16):
I asked, I called an attorneyfriend of mine. Don't mention my
name or handle on the lock,and I'll start laughing and just say,
you know you're responsible for it legally. I was just curious, and I'm
willing to suck it up, ormaybe we'll split it. But if you
have a good relationship and you likethe place for seventy five dollars a month

(10:37):
for fourteen weeks, I don't know. I mean I would pay. I
mean you're right legally, I mean, there's no question about that. But
then there's the what is the costof the hassle factor and the relationship?
Mark? Hello, Mark, welcomeMark, you're a stand Yes, Okay,
you asked the questions. I tryto answer them, so let's do

(10:58):
that. Sorry, My sister andI had a mother and she was dementia
for a while, and so wesold all a real property and everything.
We had just one bank account.She passed away and I and then at
the end of she passed away andwe buried her. And then instead of
we didn't do a probate. Wejust split the money and you were the

(11:22):
only people responsible. And how didyou get hold of the money because it
was in your mom's name, right? Well, yes, we were both
executors and we were paying her bills, which were quite expensive. Okay,
so you were on the checking accountsanyway. Correct, you had the ability
to write checks? Yes, Idid. You're fine, Yeah, you're
fine. I mean theoretically the factthat you didn't. You two are the

(11:46):
beneficiaries. There's nobody else, sothe only people that complaint can complain about
that, or beneficiaries were not gettingmoney, but you got money. Yeah,
there's nobody I should you have openedit? Sure, but there there's
uh, you know, there's absolutelyno liability. There's no one there to
complain. You're on an you know, you're on an empty road, no
cops, nothing, and it's fortyfive mile per hour speed limit and you're

(12:09):
going sixty five? Are you?Yeah, violating the law? Yes,
you're violating the law. Is thereanybody there to watch? You know?
There isn't. Is there any wayyou're going to get tagged? No,
there isn't. So it's no harm, no foul for you. Okay,
thank you, Okay, you gotit. Oh. I'm just curious Mark,
how much money are we talking about. I'm just hearing about and I

(12:33):
have and that's we're talking about sixhundred thousand dollars that was left by your
mom to you guys. Wow,okay, what do you do with you?
What do you do with your threehundred grand? What do you do
with it? Yeah? I'm justcurious about I think I think about a
boat or something. Oh you thinkyou bought a boat or something? All
right? Just uh uh, justasking because I'm always curious about that.

(12:58):
See on this show, I canask how much money you make? I
do that the same thing. Andby the way, off the show,
someone will introduced me. Hi,Fred, this is Bill, Bill,
This is Fred, Hey Bill,Hey, Fred? How much money to
make? Yeah, I don't havea whole lot of friends, to say
the least. I'll tell you also, what doesn't make you have a whole
lot of friends if you have badbreath? And I don't think I do

(13:22):
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(13:43):
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can also bite through the capsule andwhat it does is go to work in
your gut where bad breath usually orsometimes start because of the foods that you
eat. Other Men's don't even touchthat minty Mouthman's from Zelmans. Zelmansminty Mouthmen

(14:09):
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(14:31):
Use the code handle at checkout Zelman'sZ E L M I n S Zelmans
dot Com. Randy, Hello,Randy, Yes, sir, Hi there.
I've got a piece of property insouthern West Virginia and it's sort of
in a rural area and it's gota really nice spring on it that provides

(14:52):
water for this house. Okay,I'm sorry it has a screen. Well,
well, it has a screen springspring. Oh spring, Okay,
guy, because I have a screenerthat doesn't it's never lived in, uh
you know, the south spring hehas an okay, okay, So you
have a spring that supplies water toboth the properties, right, yes,

(15:13):
sir, okay. And anyway,this originally when I first bought the property,
they told me they had one hundredyear lease on the spring the other
property, and I was able tofind the actual agreement at the courthouse that
had been filed in in the courthouse, and the way it's worded, it
says the said parties of the firstpart do grant under the said parties of

(15:35):
the second part his heirs and assignsthe right and privilege to use such water
from said spring and cistern for domesticpurposes for the residents now occupied for the
rest of white I'm sorry, Imissed you, for the rest of what
for the residents now occupied by theparty of Okay, all right, okay,

(16:00):
this was in nineteen thirty five,and the property has changed hands multiple
times. The other property has Andwhat I'm curious about this area. We're
at the trail head for that Hatfieldsand McCoy's trail, and they're converting everything
for people to come in and stayand run their ATVs. On this trail.

(16:22):
You can hit three states from thisarea without ever getting out on the
main road. But anyway, amI required? Should that have? Should
that? Is that still valid?That? Oh? Sure is? Yeah?
Yeah, it's okay. So it'sthirty five, Okay, because that's
really clear cut. It's from thisdate to that date. It goes to

(16:47):
everybody who owns or lives on theproperty. Yeah, that's easy. So
yes. Now, now the questionis now this particular the particular agreement doesn't
say anything about one hundred years.This is just something they told me,
Wait does it go to It justsays you're able to do this to the
Uh, there's there is no limitedjust you have it and there's no end

(17:10):
time. It doesn't say in perpetuity. It just says you're entitled. It
says that they are entitled to thewater, and then it converts to his
errors. Yeah, you know,I understand. It just goes on.
They don't care. Yeah, theagreement doesn't say it stops when someone sells
the house. It doesn't. It'snot like a mortgan to it call.

(17:30):
Yeah, no, it continued.Well, it does say it says specifically,
this goes on because you sell thehouse, the buyer has it,
someone inherits the house, the inheritorhas it. And where did you get
twenty thirty five? Where you getwhat you get? Nineteen thirty? Is
that when? Is that when itwas written up? It? Yes,

(17:52):
sir, that was when the originalagreement was made. Was ok. I
don't think I don't think you canstop it. I think it just continues
on. You're sharing with your neighborthat wall. Uh, it's not okay,
now it does It does say fordomestic purposes for the residents. Now,
if they start writting that out tothese people that use the ATVs and
like to say they're converting everything inthis area because it's becoming a big business.

(18:15):
Yeah. If they start writting thatout and they're they're still it's still
domestic purposes. It's still related tothe house. Now, if they set
up a business uh using that water, Uh, that is not domestic purposes,
that is commercial purposes. So thenyou can start to argue. But
if it's outside of the house,if it has to do with the house,

(18:37):
yeah, you're believe me, you'resharing the water. Uh, there's
no way around that one. NHello Zavon, Xavon, you're there?
Or good morning? By the way, where are you from? Zavon's interesting
name from where our medium? Okay? Uh, fair enough, I don't

(19:04):
recognize the accident, but all right, what can I do for you?
Savan? Okay? I built thelast Sudans for my mom. My mom
passed away. I called the company, we said about the paper boat.
Be said everything everything. I tookcredit card over there to charge them.

(19:26):
We said, uh, they chargedonly two months and when I called that,
they said, your kiss is invalid. Okay. They what did they
do? They didn't what happened fortwo months. They charged two months and
that's it. They charged two months. Okay, I don't understand. They
only charged when did you buy thepolicy? Davan? Uh? Maybe eight

(19:47):
months ago? Ten months? Wasup? Eight or ten months ago?
And they only charged for two months? Two a month? I said,
okay, and did you was itauto charge on your credit card? Yes?
All right. How much money arewe talking about here that you get
because your mom died forty thousand?Yes, that's not a lot of money.

(20:11):
So I'm surprised. Okay, youget to yeah it, get this,
get a little. This gets alittle complicated, although forty thousand dollars
is forty thousand dollars. Uh,here is the question instantly, So you're
suing them because they're saying no.And so now you're what to do?
No, I understand, No,I get it, I get it.
What you do? It's and thisis not that easy a question, and

(20:34):
that is you set up where theycharge your credit card automatically. They didn't.
Clearly they breached. Now what istheir defense because I'm assuming you guys
are going to get in this pissingmatch and you know they're going to say
no, You're going to say yes, and inevitably it's going to end up

(20:55):
keep answer. Okay, Well,that's an other problem. You have to
do everything by email. You don'tmake phone calls. Everything has to go
by email. Okay. And they'renot answering, and they're just saying no.
Well, okay, well you haveto sue them. You have no
choice. If they're not answering you, you have to sue them. Now,
I would keep on, I wouldkeep on harassing them because at some

(21:22):
point then you get to hire alawyer, and those lawyers are cheap,
not even a little bit. Now, the policy probably says if there's a
dispute, you have to arbitrate inall manner of things. Now, let
me tell you what a defense is. If I'm the insurance company, I'm
gonna go didn't you or I'm justgoing to ask you this, didn't you
look at your statement every month andsee that the that it was not coming

(21:47):
out of your credit card? Ihave a lot of a lot of things
that, yeah, that's right,most of us do. Yeah, most
of us do. And so Istill look at them. You still have
to look. You still have tolook. By the way, that's not
saying they're not responsible. But I'msaying that their negligence. You still owe

(22:10):
the money, and you're arguing theirnegligence, and they're arguing you didn't check.
That's a defense. Is it muchof a defense. I don't think
it's much. I think I thinkthey're liable. I think they have to
pay you. But it's going toend up in court or arbitration. But
I'm asking you, why don't youlook at your credit card bills, your
statement? I look it. It'sso many. You know how many?

(22:34):
How many are? Let me askyou something, how many four hundred,
eight hundred, one thousand charges amonth? You are married, you are
married, you have kids, yousee old. Let me tell you I
have the same thing. How manycharges? Just give me throw me a
number. How many charges? AndI have a lot of charges online?
How many charges do you have acredit car credit? Maybe around twelve or

(22:57):
fifteen? I'm two to two fiftytwelve twelve, twelve to fifteen. And
you're saying, that's a lot ofcharges and that's too many to look at
at the end of the month.Busy, Listen, you're really gonna say
that, You're really gonna say,hey, there's twelve to fifteen. I

(23:19):
don't look at because I'm too busyand I'm working. Do you know I
have at least fifty charges? Ihave at least fifty I have fifty at
least and I look okay anyway,So you're gonna probably end up in arbitration
ensuing them. I mean, there'snot much you can do if they're if

(23:40):
they're ignoring you, There really isn't. Yeah, but that's a lesson,
by the way, for all ofyou. And I didn't used to check,
and then I realized, by theway, I'm not saying I always
check. I've just started checking afew months ago, and man, a
lot of stuff goes through the cracks. Do yourself a big, big favor.

(24:02):
This is just financial advice. Thisis not legal advice. Do yourself
a big favor and really check everysingle What are your credit card payments,
especially on auto pay basically where theyautomatically charge your credit card? Oh yeah,
and if not, you've got toclear it up right there, especially
when you're talking about a life insurancepolicy where they say no thank you,

(24:26):
just like in Xavan's case. Ohokay, you know, Corey, I
don't know if it's a good phonecall or not, but at least you've
been waiting there for a while,so this is a mercy stoke. What
can I do for you, Corey? Yes, yes, yes, Oh
that's okay. What can I dofor you, Corey? Yes, my

(24:48):
nephew, I need to take mynephew. You did or did not?
You took temporary wait sec you tooktemporary custody of your nephew, right,
I need to Oh, you needto take temporary custody. Okay? Why
so my sister is having trouble takecare of him, and he got into

(25:11):
the fight with his stepdad, SoI'm going to take take custody too.
Okay, so let me hold ongot into a fight with his stepdad.
Two questions. One is, whatdoes that mean she can't take care of
him? Well, right now theylive in a hotel, and like,

(25:34):
yeah, it's just it's a longstory, all right, No, I
got it. Okay, So livein a hotel a hostile environment, I'm
assuming with his stepdad. How oldis your nephew? Are you thirteen?
Thirteen? All right? Now?Are you going to get custody? Probably
not. I mean you're gonna haveto argue that the place is uh so

(26:00):
unfit and unsafe for your nephew.Uh is your nephew describing that he's in
fear of his safety? Well,we're all in agreement that he should come
come with me? Nice? Sowhat so just having come with you?
So, Corey, just having comewith you, do I need to peel

(26:21):
away for like school and stuff likethat? You did? Yeah, you
need a signature from mom saying thatyou are authorized to sign on on her
behalf. That you have to do, but that if your mom, if
if his mom is cooperating Corey andis fine with your nephew living with you,

(26:41):
then there'll be no issue. Okay, So is that a peel way
or that? No, No,it's no, it's nothing. It is
nothing, it is it. Allyou need is to the school and uh
all it is a document that theschool will give you. You walk into
the school and say, hey,my nephew is living with me now,
and you don't have to give anyreasons why. Just say, my nephew

(27:02):
is living with me, and whatdo you need from his mom to allow
me to pick up my nephew tomake the decisions effectively in her stead?
Okay, and just fill out thedocuments you don't need any kind of a
legal issue here unless you get intoan altercation with his mom and his mom
wants him back, and you thinkthat mom is unfit, and just because

(27:26):
you think mom is unfit, thereis a legal bar for that. I
mean, it is not easy.Taking away kids from moms is not easy.
Now, the fact they live ina hotel, okay, that's one
good argument for taking away the kid. The fact that the kid is fearful
of his stepdad, that's another one. And then that gives you a basis

(27:48):
for doing that. But you're gonnaneed a lawyer to do that. It's
just not that easy. But theeasy part of it mom is okay.
All she does is sign the paperworkschool, probably as a form. Or
it's just really easy. Here yougo. My son is living with Corey
and he is entitled or he isallowed to make all the decisions he needs.

(28:14):
All right, that's easy, allright, all right, no problem,
good for you. Sometimes you justdon't even need the law involved on
that one. All right. Beforewe go, I want to talk to
you about cyber thieves today. Wehaven't had a question about cyber thieves.
I think I have one that's comingup cyber thieves commit silent crimes. It

(28:38):
happens in the dark. Someone usesyour name information online. You don't even
know it's happening. You know,when you find out the credit card bill
shows up and you have all kindsof bogus charges on it. And so
cybercrime, identity theft affect every oneof us. I mean, we have
to protect ourselves because odds are thatyou were a direct family member going to

(29:00):
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