Ripped off that news. You need advice who you don't have to come running
just as fast as we can. Show Shooter's gonna help come. This is
the Troubleshooter Show. No Tom Martino. Hello, Hello, Hello, I'm
Tom Martino. Welcome to the show. We are here to help you solve
problems, to answer questions, to take complaints, and to make your life
just a little easier. To my right, right here of your streaming on
this way shot, we have Dan mackenzie. He is an estate planning attorney
and or maybe not a planner. Maybe you just are faced with probate.
Can people call you if they're faced with sudden probate? Yes, definitely.
There's some confusion on probate as to who can open probate. We have a
bunch of relatives and friends and they sit around and nobody's doing anything. What
are the laws when it comes to probate? Let you know, first of
all, can can a deceased person in a will name who they want to
be their personal representative? Yeah? I consider that to be the most important
instruction they put in there. And does the court have to recognize it?
Not necessarily? I mean that it could be challenged by somebody else. But
usually that's gonna that is going to be the person. Okay, So if
someone dies and no one knows anything, Yeah, who can open a probate.
There's no will, there's no apparent will, there's nothing around. What
do they do, really, anybody with an interest in the estate. Does
that mean a friend, a house cleaner, somebody. Do they have an
interest in the estates? Well, they think they do, like they were
told they do. They were told they were going to get something. Yeah,
they probably can. Then doesn't mean they're going to be a pointed as
the personal wrap. The person who applies to open the estate is not necessarily
going to be the representative. And in some cases it's creditors, you know,
people who think there were owed money by the person who passed away,
and the family is not doing anything, the creditors could open it. The
family gets a six week head start, and if they haven't done anything by
that point and there's creditors thinking we're owed money and nothing's happening here, they
can apply to open it. You know, you're an attorney, and attorneys
are paid advocates, And I wanted to ask you something In criminal law,
I talked to a defense attorney, and he said, it's not my job
to figure out if my client is guilty or innocent. It is my job
to make the state prove that he is. And I put up any kind
of defense that is an honest, just defense that he has afforded to him
by the law. And if they can't prove their case, even if he
is guilty, he shouldn't be convicted because that will help them get the real
people next time around, and next time around and next time around. So
they advocate and most of the defense attorneys I talk to, when you say,
how can you defend a guilty person, they say, I don't assume
they're guilty. I don't even know if they're guilty. And I don't know,
by the way, personally, what would happen if if the guy said,
yeah, I did it, but I got to I can't go to
jail for the rest of all. I don't know what would happen in that
case. I don't even know. Maybe defense attorneys would weigh in on that.
But then on the other hand, I've talked to civil attorneys who are
hired by someone to sue someone, and they take up their case and they
go to court, and they fight the battle. And then in your area
of law, a state law, it's not so much adversarial more than it's
more of a representative. Now it can get adversary again, and it's it
usually isn't. And attorneys in our area law I have different roles available to
them. So if I'm represent a personal representative of an estate, I supposely
helping that person represent the estate, and that means, you know, not
putting their own interests ahead of the other people. I wanted to ask you
something about being a paid advocate for someone who wants to, let's say,
challenge it will or challenge and do something put in a claim. Do you
is it your job to advocate for that for their position, or if you
feel they're wrong, do you just not take it and say I'm sorry,
I can't fight for this. It's because when people call here and I don't
think they have anything, you know, I said, look, man,
we're not going to call and hassle this car manufacturer or we're not going to
hassle this person or whatever. So how does that work in criminal law?
They do it no matter what what happens in a state law. As far
as being an advocate. Yeah, it's a little trick here, I think,
because yes, we will tell people they're off facing okay, and you
can't. But if they want to move forward, yeah, I mean you're
not obligated to take up their case, right, No, No, neither
is the defense attorney, I guess. I mean anyone can turn down anyone,
right, true. Okay, And we got a lot of people are
just like they just kind of generally think it's unfair or they don't think their
parent would have done this or whatever. It's like, that's not really the
rule, right. You got to prove that they were unduly influenced or that
they didn't have capacity or something like. You can't just say this is unfair.
So judge turn you know, overturn this thing. By the way,
I want to give out our number three oh three Martino. You can call
twenty four seven three oh three six two seven eight four six six. Really
important that number because it rings through here when we're here, and then it
rings through our voicemail when we're not here, and you can leave a message
and we will absolutely get back to you, okay, so you never have
to wait. The other one that's like appointment radio. And then The other
thing is you can always write to us help at troubleshooter dot com, and
then when we're on the air, we can use ihearts now birth three oh
three seven one three talk seven one three eight two five five. So Dan,
when I when the biggest problem we get with the States, And I'm
telling people right now they better put stuff in writing and nowhere to find it.
The biggest problem is when someone says there is no will, and you
know there was a will and you were named in it, and they left
Johnny in charge and Johnny says I don't have a will. I mean,
there's really nothing you can do if somebody doesn't like the will and makes it
secret. We've said that before. Now that's not a common problem we get,
but I'm just that's my curiosity. You can't make I knew of a
case one time where they the person had kind of expressed what they wanted to
do when they were dead and said they had a will and Aunt Jenny has
the will, and Aunt Jenny whatever her name was, said, no,
he didn't leave any will. What do you do in that case? I
mean, you can't make someone. I mean, there's so much honor when
it comes to a state law, isn't there Yeah, trust and honor.
Yeah, even if you have a copy of the will, the court presumes
that you only have a copy because the person who created it destroyed the original
intending for it not to be Wow. So you got to do the formal
process and schedule a court hearing and give people a right to object and all
that kind of stuff. So that is the presumption that if there's no will
produced and the original that there was no will. So yes, like we've
discussed, you know, if you have a will and you lie about it,
it's just like any other fraud you commit. If it gets discovered and
there's a pretty good chance frankly, like they'll find the lawyer who drafted it
or something will come up, you're screw. You're in trouble. It's fraud.
Yeah, Okay, Now when it comes to this, how many times
have we heard this? You know, my dad's will was perfect and then
all of a sudden two years ago, he changed it. We never knew
anything about it, and everything's going to the housekeeper. Do they look at
that, like, do judges have discretion to say that doesn't make sense?
Or do they have to just Hey, it's the will. It's the will.
Oh no, that's you know, there's that's the one I just mentioned.
It'd be undue influence? Was this housekeeper? And how do how do
you prove that it's litigation? I mean, you have witnesses coming in you
you know, we we do discovery and it's just like a civil litigation process.
So so the kids say, wait, he didn't want everything to go
to the housekeeper, or he wasn't in love with that woman, or he
didn't mean for his gardener to get his car right correct. Yeah, And
then we were looking at like, well, what was the relationship, how
did this happen, what were the circumstances under which it changed, who was
involved in it? All those kinds of thing. But you see, I
find a state law fascinating because of this reason. If it's not made right
and clear, everybody suffers. Yeah, Ambiguity is always a problem for what
we do. And that's you know, where people are doing it on their
own or people who would just haven't been through probates before and don't really understand.
You know, we see people do things and they just don't anticipate all
the potential other plans that can be Now there's something we've talked about in the
past, and by the way, people we don't have to talk just about
a state, but there are some fascinating law when it comes to estate planning,
and so many people put it off. But there is something that I've
always said that I was a bit wrong or I didn't add enough to it.
Here's what I said. If your dad or mom, or aunt and
uncle or anyone who has a home, they bought it really cheap, and
they die and they left it to you. The date of death is the
date of valuation, so you get a stepped up basis. So they bought
it for fifty grand and it's going to sell for three hundred. You want
to get as close to three hundred for your basis as possible, so on
the day of death that that house is worth three hundred. Theoretically you get
it at three hundred and then you can sell it at three hundred. So
if it's worth three hundred and you sell it for two hundred, do you
get a loss? You can actually take a loss, say take the lot.
Yeah, So I think it's going to apply against other capital gains.
I don't think you get a rEFInd of your individual. Okay. So if
I inherit a house and on the date of death it was two hundred thousand
and I can't sell it, who's to say I'm not manufacturing a loss by
selling it less? Yeah, I mean the irs could challenge that. It
certainly could. I mean, it probably is gonna or I sell it to
my kid, or I sell it to somebody else. Yeah. People try
and do that. They sell the house for a buck or maybe something well
or whatever or whatever and say, well I sold it. No, anything
less than fair market value is going to be considered a gift now, Okay.
So the last question, or the one item I wanted to say,
is when you get that house on the day of death, if you don't
like that value, can't you wait and take an alternate date of isn't there
an alternate date? What tell me? If that's the part that I just
found out about, what is we're going to talk about that coming up?
I'm Tom Martinez. So in other words, we always say date of death
value, date of death value, but actually not so not all the time.
You can actually have an alternate date value. Then does everything get a
stepped up basis? So anyway, as I said, you can call about
anything, but these are things people come up against all the time. Three
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Hi Tom Martino three O three seven to one three talk is our number?
Or three oh three Martino. Let's go to devn Hi Devin, what's
going on? Hey? How are you? Tom? Devin? Did I
meet you before you did? When I was like eight or ten down to
lot and didn't I meet you up at your house? When I went up
there? With Is John? Your dad? Yeah? Jones my dad?
You might have met It was either me or my brother. I remember,
well, your brother John was the older one. That he was also in
car sale. Okay, now let me explain this to people. Devon is
the grandson of Dave Rothrock, who is the founder and owner or was the
founder and owner of A Rocki's Autos. And Dave was I think Dave was
a marketing genius back in the day when he did this. At one time,
these guys were selling six hundred cars a month. They were one of
the largest used car dealers in the country. I think what happened, and
you know, I represented, of course, I did commercials for your dad
or for your grandfather, and then I knew your father as well. And
yeah, your father's incarcerated. It's a sad story. Your other uncle,
I guess, committed suicide too, didn't he. Yep, and he did
that. It's a tragic story. I mean, Dave Rothrock was a hard
working guy man. He just worked his ass off and he had two sons,
and one son tragically committed suicide. I believe it was on Father's Day.
I mean it was terrible, and and he was he suffered from depression.
Your dad was a good friend of mine, I mean he really was.
And and your dad I went up to the house, and you know,
I don't want to get into too much, but your dad probably suffered
a little too, I think, because he later on went to Arizona and
got into a shoot all this is public knowledge. He got into a shootout
with police. Yeah, and that's sad. I mean, he was trying
to commit suicide when my parents got split up, and and yeah, he
got addicted to prescription meds and yeah, it was just yeah, a midlife
crisis. Yeah. And so what he was hoping is the cops would kill
him, and they didn't kill him, and he went to jail. Do
you ever get to see him, Devon, Yeah, I see him once
a year. You know, there's not really good medical care in prison.
So he's he got shot twice. He's in a wheelchair. Now he looks
pretty old, but he's in a wheelchair. So he was he was paralyzed
by the police. No, just he was shot in the ankle, so
walking's hard. And then he was shot in the back end. He only
has one lung because the bullet like collapses long. It's amazed, it's amazed
he didn't get killed. You know, my heart goes out to Devin.
This is a tragic story, and you know what David wanted nothing but the
best for his family, and he worked it. Like I said, he
worked his ass off. And David died. Did your did your step grandma
die? No, she's still alive, Okay, still alive, and she
had a battle with cancer. She had a battle with cancer early. So
so you guys have been through it. How is your mom doing? She's
good. Her her parents were just killed in a car accident in Texas going
uh to Texas about a year ago. But she's doing good. And my
sisters is doing well. Now I know you have some mistake questions because I
imagine, did did your granddad have a will? So he h yeah,
he did. No, he didn't have a will, and there was a
reason for it. So there was a prenuptial agreement without a will. Wait,
a prenuptial agreement with who my step grandmother? Okay, And and then
he was going to I assume bomed when I talked to him. I mean,
he never told me directly, but you guys were everything to him,
his grandkids. Yep. And I imagine, Devin, I imagine he left
a sizeable estate. Yep. Now did you have don't you have twin sisters?
Yes? And then you have your older brother John. Okay, so
what is your question for Dan McKenzie. Well, so there's two things.
There's a holographic will that was written, the signatures don't match. There was
a prenuptial agreement. At what point is it better to kind of do a
knockdown drag out where you do the whole probate thing and go through the court
process or and Joe, well, are you saying that? Are you saying
that David's estate has not been probated yet? No, it's in the process
of going. But it's also in the wh who opened the probate? Who
was his personal representative? It would be the lawyer for the company, mister
Miller. Now, but the lawyer is the personal representative. And there's a
will. And does mister Miller believe the will is accurate? I think she
it's like half accurate. There's things that are wrong with it that won't stand.
But there's things that how old is that will? About seven or eight
years old? Okay? Now, in general, did David leave everything to
the grandkids or to his daughter in law, to his son in prison?
I mean, how did it work out? Yeah? So in the prenuptial
agreement everything went to his grandkids and son. So your dad, your dad,
and you and your siblings correct, okay? And what's is anyone challenging
that we are after the fact when my dad goes to prison, there's a
history with him and uh, the step grandma that she wants to cut all
of us out, so on the area. Wait, so your step grandma
she wants to take everything for herself? Is she not recognizing the will?
The will not they're not recognizing the prenuptial agreement? Because okay, so does
the will? Does the will leave everything to her? The will says that
it wants the prenuptial agreement voided. Okay, And did anyone witness this will?
There's two so it's like I said, it was written on it.
So it's written on a notebook paper and there's two different sections to it.
So the top part was not witnessed or sign the bottom part was, which
says my dad gets this and this. So part of the signatures don't match
my grandpa's signature, which both attorneys have agreed upon. And they're just at
this point trying to just get it, get it settled, instead of dragging
it through the leader and your step What is your step grandma's first name?
Darlene. Yeah, that's right, I forgot it, Okay, Darlene is
she So she has an attorney, she lawyered up and she's basically challenging the
prenup. That's right, all right, hold on because Dan McKenzie here has
been taking mental notes and he'll answer all of your questions and he's rather good
at what he does. So hang on, Devin, and we'll come right
back to you. I'm Tom Martinez. We got more coming up on the
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Frank Trant the real Estateman dot com. Hi Tom Martino, your troubleshooter at
three O three seven one three talk THREEO three seven one three eight two five
five. So, Devin, thank you very much for calling. And uh,
we have Dan mackenzie with us in a state planning attorney and Devin is
just saying, you know, what does he do. He's in the middle
of all this, he and his siblings. Uh, and uh his dad
who is in prison. Basically, Devon's granddad was the founder of Rockies Autos,
Dave Rothrock. Dave worked his ass off his whole life and had a
giant of state. And he supposed they had a prenup that said, you
know, I'm not leaving my wife much. The kids are get everything,
or my son and his kids. And now she's challenging that because she said
there is a will that was written after that, and the will negated the
pre nup. And I guess Dan mackenzie, attorney at law, if in
fact they had a prenup, he could write a will that would negate it,
right, I mean, that would be his right to do that,
as that's usually how that works. You have the prenup agreement with your spouse
saying, we can write each other out of each other's plans or give less
than we're required to under the state law, and then you would execute a
plan doing that. If you don't execute the plan, whether a prenup qualifies
as a will, you just got to run through they qualify. Yeah.
So now, Devin, are you and your brother represented devn Yes? Okay,
so you have an attorney, right, yeah, yeah, everything should
be sort of out. I guess. The main question was like, uh
yeah, if you guys can I guess come to agree on things. It's
better to settle it than just drag it out. Basically, now, now
hold on, yes and no. I mean, if you feel there's fraud
going on with that will, what are the steps there? And I mean
what he says, when does when is it worth fighting? I mean how
how does? What would they do to go about proof of trying to prove
that part of that will was kind of forged basically is what he's saying.
I mean, an initial question is, let's say we knocked that will out.
What happens? Was there a previous will leading everything to your family?
If there isn't. If no, there wasn't, so it would be so
if you if you knock out the will, the pre nup isn't necessarily a
will, but at least it at least would show his intentions toward his wife,
right, Yeah, But is he allowed to disinherit her in a prenup?
I mean, if that's what they said in the prenup, that's usually
what prenups say. But okay, to see the prenup. And how long
were they married devon a good chunk of time. Twenty years? Yeah,
So, so under normal circumstances, without a prenup, she'd be entitled to
fifty percent of the estate, isn't that right? Dan? If he left
a will leaving her out. If he had no will at all, then
it's a different calculation. So if she has no let's say they knocked the
will out, what would happen? Then? Under these we would go back
to the previous will if there was one. If there wasn't one, would
either there was one then he died in testape? Then what does that mean?
So under that, the spouse gets the first two hundred and seven thousand
dollars of the person's estate and then splits everything above that fifty to fifty with
the kids. Of the person who died, So really, yeah, and
that could be a lot, that could be a lot. Yeah, but
it's fifty to fifty after the first she gets two hundred plus fifty percent.
Yeah, that's if Devin, there was no will. In other words,
if you negate that will and call it quits. Now, can ken a
judge actually picked part of the will and say this is genuine? But this
part doesn't look genuine. Can you actually have part of a will? Uh
ruled? Uh? You know, not genuine? I don't think so.
I don't. I've never heard of that. And Devin, are you saying
there's there's obviously two parts to this will and he signed one, but do
you think the other was added? I get added later at a different date,
added to the note after he passed away. And there's no actual physical
copy of it, just a picture. Really, just we'll get it figured
out. Well. Listen, Devin, I really appreciate calling, and if
you ever need anything else, you can call us off the air as well.
Three h three seven to one three talk. Here's the deal. What
I'm saying to is, point blank, if you think there's fraud, you
usually it's worth going after because and then and thank you Devin. On on
this topic, you said there's a picture of it, not the original.
What happens then, I mean, that's treated like a copy. So Mike,
I said, if you only have a copy, like they'll throw it
out. It was destroyed, Devin. If all they have and all Darlene
has is a copy, they will call it. Uh, they'll presume it
was destroyed. Now the personal rapp can still put forth evidence saying look now
they're really this is this definitely was the will It gets messy, It gets
messy, all right? Three oh three seven one three talk seven one three
eight two five five. Carla, you have a question about an EV rebate?
Yes, what's going on? I bought a plug in hybrid hundred plug
in hybrid in November and counted on the five thousand dollars rebates from the state.
Yeah, is there a five thousand because okay, go ahead, Well
submitted that ever take to the stake and it was denied because I did not
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is it a five thousand dollars tax credit on state tax or is it a
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into the general procedures and where you submitted the paperwork. Did they acknowledge that
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After after we resubmitted on April seventeenth, I have heard nothing from this,
Okay, I ca got it. Hold on three oh three seven to
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dot net three three sixty six eight six eight four four Hi Tom Martino here
three three seven one three talk seven one three, two, five five.
Let's go right to the phones. Mark. You have an issue with concrete.
What's going on? Man? Oh man? First of all, never
pay in cash ahead for a concrete Oh. Now, you know what,
I'll tell you this concrete is a real challenge to do it right. And
here's the problem. To do it right take so much prep and grooming afterwards
that I believe people cheap out and therefore they're hiring people that can't possibly do
it right for that price. Now I'm not saying that's what you did,
but tell me about it all right. What I did was I contracted,
I entered into a written contract June twelfth of twenty three to create two patio
extensions from my current backyard patio going outward and to contact with four raised gardens
four x eight x two and some stairs that go down to the lower deck.
Portion with who'd you contract with? I contracted this with Horizon Roofing and
Concrete Services of the aka Joe's Roofing and Paving. Okay, Joe, So
it's Horizon Roofing and Concrete, yes services, right, and then they also
have a DBA Okay, So what happened, Well, what I did was
when I contracted him. He says, well, I'm going to need about
a third up front. If you're pay in cash, I'll give you a
great discount because I have Mexican workers that I can pay without having to keep
records and so forth. And I'm going, well, that's fine. How
much is the discount and how much is the price? So he quoted me
at thirty thousand to do the two decks. That sounds okay. Hold on
a second, let's come back to you. I'm hoping we can do something
for you. And again, this is not unusual. We've handled them before.
I'm Tom Martinez. We also have a follow up coming up with Deputy
Chopper and an RV issue. Let's talk about all of it. And your
problem's coming up. Yeah you need who you don't have? Come a running
just the status. Yeah, Shooter's gonna help coming man. This is the
Troubleshooter Show. No Tom Martino, Hi Tom Martino, Your Troubleshooter three O
three seven one three talk three all three seven one three eight two five five.
Welcome to the show. Denver. Regen dot com, by the way,
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com. Hey, I just found out for my YouTube morons. Then I
looked it up. Tyson uh said he's not gonna fight Jake Paul, and
Uh, Jake Paul some YouTube guy that got to be a great boxer.
I guess he's really good and beating the hell out of people. And then
he and Mike Tyson hooked up a match that was supposed to happen in July.
Mike Tyson says he hasn't been able to train because of a health scare.
He calls it a postponement, not a cancelation. But in any case,
I guess this Jake Paul is really some kind of sensation. But he
claims not only is he going to beat this guy coming up that replaced Tyson,
he's gonna beat Tyson as well, and then he's gonna go get McGregor.
So he says any kind of fighting, he can whoop anyone. And
I have not seen him fight. Has anyone seen him fight? Have you
seen him fight? Scher? I mean I I h Shannon, Have you
seen him? I haven't seen him. Three oh three seven one three talk
seven one three eight two five five. So we're talking to Mark about a
contract he had with a concrete guy. So, Mark, where did we
leave office? So this was June of twenty twenty three. We're coming up
on a year, right, you know? Yeah, passed a year?
And did he ever pour it? By the way, No, what he
did was he had a guy come out and demolish my backyard and compact some
of the soils and that was it. And wait, so when did the
guy come out and prepare the ground? Oh, maybe about a week and
a half after we signed a contract. And what did he do? Well?
I believe this guy is a subcontractor for other Yeah, but what did
he do? Came in, he pulled out all my railroad ties, removed
and demolished any shrubs and bushes from side to side. But after that,
no one else came back. No, sir, Okay, how much did
you pay up front? Eighteen five hundred? Oh my god? Yes,
So what does he have to say? What is the guy's name you're dealing
with there? This sounds like sleeves Brigade? What's the guy's name, His
name is Joe Perkowitz. Joe Perkowitz. Yes, And what does Joe Perkowitz
say about this? Well, he says, well, I didn't realize when
I went out of state that my foreman went and took your money and gambled
it away up in Blackhawk. So who did you pay the who do you
pay the money to? His foreman? And you did pay it to him?
And and yes, and this guy is saying he gambled away, so
it's not his problem. Well, he is assuming the problem. And here's
what his agreement back to me was, which is I think is just lips
orervis. But he said, I'll come back and for the remainder, I'll
finish all the cement work, and for the remainder of what you owe me,
which is nearly ten thousand, he says, and you don't have to
pay me until it's all done. And he says, I think I can
get it done, maybe June or July of twenty four. And so I
said, well, okay, can't you give me a specific date? And
he goes, well, I've got to reassemble my crew when I get back.
Well, tell me this, what harm is it to let him try.
Well, the thing is, I don't believe him anymore. He doesn't
answer my phone, and so I filed a complaint for him with the State
of Colorado, who they said, you have certainly have a legitimate civil case
here. Yeah, and he said, so are you going to court about
it? Joe answered my call, say again, and what's happening now?
Nothing. I can't get a hold of him again. I cannot get a
confirm a date. I'm very nice to him every time on his message machine,
but I never get an answer. Does he have a website? He
does, but I think it's down now. It's called Joe's Roofing and Paving
dot com and it's all spelled out Joe's Roofing and Paving dot com. Now
he's probably out of business. Yeah, this isn't going through. Yes,
he's taking it down or he didn't pay for it. Oddly enough, I
decided to go up to the address that he had up in Golden to just
knock on his door. Yeah, and I was met with his landlord sweeping
out the last of his dust, saying that he was evicted for non pavement
and he abandoned his truck up the street. You got screwed, drub,
you got screwed? Here? How do I get it over this? Well?
I mean, listen, you you made a big mistake. People do
it all the time. I mean, where'd you find this clown? Well?
I vetted him off of five people that offered the job. Wait a
minute, and does what do you mean? What do you? How do
you vet the guy? Tell me how you vetted him? Well? I
found him online and I saw you vet him. I looked him up.
I looked him up. Hold on, you you looked on online reviews?
Online reviews, Yes, online reviews. There are none, so so hold
on, there are none? So where'd you find the reviews? What do
you mean? Not? Now, he can't take him down. He didn't
take him down. So they were just on his website and nowhere else.
Then? Okay, so you didn't vet him? Did you talk to any
references? No? What does vetting mean? No? No, I don't
mean to give you a hard time, bro, But what does vetting mean
to you? Talk to the guy? Well, talk to him and look
him up and see if you can. You didn't look up at Okay,
where'd you look him up? That's what I'm asking? Where did you look
him up. There's no reviews about him except bad ones. Where did you
look him up? Only online? Wherever? Okay, tell me where I'm
trying to find out because I can't find him. Tell me where you looked
him up? All right, Angie's Angie's List, Angie's list, and hold
on, hold on. That's not vetting someone, that's selecting someone. So
how did you vet him off of Angie's list? This is where you found
him on Angie's List? Yes, I believe I did, Oh my god,
but yes, improper vetting and pay well, there's no no, there
was zero vetting and zero sense to put to give eighteen thousand dollars to someone
up front is absolutely ridiculous. I am so sorry, but I don't think
there's a chance in hell you're going to get this money back. Do you
have money to finish I have money to finish it, I don't mean to
finish it. Do you have money to do the job? Not accumulated right
now? I have to save up again. I'm so sorry for you,
man, I really am. I mean, I don't I'm not angry with
you or anything. It's just too bad that people do this and they trust
these clowns. It is, it is, It's terrible. So have you
looked up? I mean, Hector tried to find this guy at all.
Well, do you have a phone number? Yes? I have a phone
number. Does it still work? Yes? It does? What's his phone
number? Seven two zero seven eight to one eight two five three? And
does he answer only an answering machine? When I called the state, they
answer, He answered them. And then after the State called me back and
said, yeah, I talked to him, and you should try to give
him a call. So I called him and then he answered. At least
he answered, and we talked very nice. When was last time? When
was last time? You talked to him? About two months ago? And
he was going to come out and finish. Yeah, he was going to
have assemble a new crew and come out. And for the price that I
paid him. He says, I can't just give you a refund. He
says, I don't have that resource, but I can. You know,
I can come out and finish the job and charge you for the remainder of
the contract. Hold on a second here, let's hear hold on. Okay,
All right, well, this is Tom Martine. You're live on my
radio show because you're ripping people off, you scumbag. Joe Perkowitz, you're
ripping people off. What do you have to say about that? Mark paid
you eighteen grand and you didn't show up. We're coming after you legally.
We're going to have you arrested under the contractor under the Contractor's Trust Act.
What do you think about that? Joe? Hell? Yeah, what do
you think about that? This is Tom Martinez. You're live on the air,
and you paid, You got paid eighteen thousand dollars up front from Mark
and he didn't get anything. I don't know who you're talking about then,
yeah, right, scumbag? Yeah? See is that him? No?
Is that him? Yep? That was him? Yeah. Well, at
least we got through to him, didn't we. Sure. See he's blocking
mine he's either blocking or filtering my number so that he knows who's calling now.
He won't answer, of course you won't. No. Yeah, this
is Tom Martine. You're live on the air. We're letting people know what
a scumbag you are for ripping people off. Are you going to come through
for this guy and give his money back? Who are you looking for?
I'm looking for you? Talk to him, bro, Talk to him,
go ahead, talk to him. Mark, Joe, come on, give
me a confirmed date and tell me that you're coming out and finishing my work,
because I'm getting tired of being put off. Do you hear, Mark?
Hello, you took eighteen thousand dollars from Mark and you did not You
did not finish this, You didn't start his job as concrete. Hello,
Yeah, we're here man. Hello, Hello, what's going on? Joe?
Joe Perkowitz? I'd him call him right now? Mark? Or is
he blocking your number from my cell phone? Yeah? I'm gonna let you
go, and then you're gonna call us back. Call him right back,
call him, he'll answer, go ahead and then call me back. Three
all three seven, one, three eight two five five. I am so
tired of scum sucking pigs. I'm so tired of people getting ripped off.
And you know why, because that that is what our society is now.
People get ripped off, and nobody cares. People shoplift and nobody cares people
steal, nobody cares. Okay, I'm going to answer. Yeah, this
is Tom Martine on my radio show. What's going on? Hello? Yes,
Hello, how are you? Yes? Yes? I can so Mark
wants Okay, I'm sorry man, Okay, listen. As I said,
I'm calling for my radio show. We do a consumer show where people call
in with problems and Mark, are you there? Mark? Is Mark still
there? Mark said, he paid you eighteen thousand dollars last year to have
Huncreek Port in his home, and uh, you have done nothing. You
sent the guy out there and the guy tore up the ground, but you
did no work. That's that's that's untrue. That's untrue. Mark didn't pay
me anything. Mark had a team to go out there and they came across
an agreement and they so that guy wasn't yours. That guy wasn't yours.
That he paid guy. That guy, uh, that he made an agreement
with. It has another name. I don't know what his exact name is,
but Mark knows the name. So that guy didn't work for you.
God. No. He gave him my business card and he drove my business
truck because he stole it off the street. And I've already done reported it.
So hold on, Mark. This guy is saying he's a victim.
Joe is saying he's a victim. Here Mark, I have never met Mark
in my life. He Mark Mark Mark, Mark, Mark, have you
ever met Joe? Yes, he came here with Scott. He met No,
he never met me. He met some other gentlemen. He knows their
names and uh, and he gave those gentlemen some money to repair his background.
So those people did not work for you. No, they did not
work for me. They stole my work truck. And in fact, Mark
still has my tools out of my work truck that they stole, and that
he stole out of my work truck. And in trying to recur some of
his money, I'm not sure exactly I told him when I come in fun,
I have no problems to coming there and talking to him in person,
and he'll see that he has never met me. He has Whoever he dealt
with is who he dealt with. And I'm nice enough, you know so,
Joe, you swear to God, Joe, you have never met Mark
before. I swear to God. I've never met Mark a day in my
life. He has met other gentlemen that has helped him. Did other people
did other people say they were you? Uh, it's possible. My name
is all over my truck, my phone number is all over my b did
they Hey, let me ask you something Joe did they did you have these
guys arrested? I have pushed charges already. I have recorded my truck stolen.
I have recorded my tools stolen, which Mark has already told me he
had. I've done everything I can Mark, Mark, Do you believe Joe
here or does he sound familiar? Does his voice sound like the guy you
met? Yes? Well, are you sure of that? Yes? And
if I see a picture of Joe, I can identify him. But Joe
says that I stole take tools out of his truck and that I'm not correct.
We're just to Joe. We're just trying to help a guy out that
spent eighteens man, I could imagine. And I know of this. I
know of this story already. I didn't know it was quite that exterior amount.
What's the guy? What's the guy's name that took the money? Get?
What's his name? Do you know? God? God, I'm thinking
of his last name. You know, I know him as Scott. And
Scott never worked for you? No, No, he did in the past.
He was fired and he came back and stole my work truck and uh
and and and that's how it's been. And I didn't know how long he
had it and how long he was doing all this before I actually found out
that the truck wasn't in the art truck by the way, Tom. This
truck was abandoned by Scott's house that got evicted. And when I went to
Mark cultures of his truck, I saw robbery in progress. Some kid,
yea, but that has nothing to do with Joe. That has nothing to
do with Joe. I stopped the robbery and and go ahead. And what
happened of the tools? I told Joe, come and get your tools.
The least you know, Joe, I'm just saying something. Joe here could
be telling the truth about Scott ripping him off, especially if you've never met
him before. Hey, Joe, are you on? I here's what I
want to do. I want to do a lineup of photos to see if
he can pick you out. I have no problem with that. Okay,
could you if you could do me a favor? Now you don't have to
do anything, but if you could do me a favor, and you can,
if you can email us a picture, I promise you I won't show
it to Mark until I put it up against other pictures. I swear to
you Joe, I don't know about that. I got Mark information and I
could send Mark the pictures that he knows. Yeah, but if you said,
okay, okay, Mark, why don't you call Scott off the air
right now, call him off the air and have him have him text you
a picture because he swears he's not the person you dealt with. That's right,
that's right. And he knows that he knows who he was talking to,
and he dealt with them. From what I've learned, he dealt with
them quite a few times, Scott and Vincent, both and Leo. But
he had the contract under my company's name. So I told him I have
no problems when I come back in town this summer and coming back to the
project and meeting him in person and going over exactly what was done and exactly
what is needed to be. From what I was told, they did do
some work. And I'm sorry that he paid more than he should have,
is what I is. What I'm getting to, the determination here that he
shouldn't have gave as much as he has, assuming that he should have gave
them because obviously the some work was done well. He said, they tore
up the ground to get it ready. And here's the other thing. He
said he has ten due when the job is done. So okay, that's
good. That's good because that leaves us some money to fix this job.
And he also came up with a simpler format to get this job done.
So I don't, uh I lift the boiling water on here. Okay,
I'm gonna let listen. I want Mark to call you and get a picture.
Mark, why don't you let's give him the benefit of the doubt until
we find out differently, because he's saying he was ripped off. Hold on
and we'll do that. Listen, Thank you, by the way, uh
I appreciate that. And then let's just see what's going on here. I
want you to call him right now. Three zero three, seven to one
three talks seven to one three eight two five five. Do I owe you
a break here, Shannon? Did I not take am I overtime? Okay?
More coming right up. Jordan Cano is going to talk about the event
this week Thursday. That's Thursday night, six point thirty at the Sheridan DTC.
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nine seven four or five zero zero my accident lawyer dot co. Hey,
I'm Tom Martine. You're a troubleshooter. Three h three seven one three talking
seven one, three, eight, two five five Mark, I want Mark
to call I'm gonna I'm not taking Mark. I want Mark to call him
off the air. See what we can what's that? Oh? He did?
I'm sorry? Okay, there you go, Mark can go ahead.
Yes, did you talk to him off the air? Yes? I talked
to him off the air and he says, oh, so you went behind
my back. And he says, we had an agreement to do this.
Uh. Yeah, but that doesn't mean it was him. He yeah,
he told me that he he was going to work out something with you.
But are you sure that is the guy that you have previously met with?
Well, if someone else was impersonating his names, then then I don't know
his face. But but what about his voice? Usually people, I mean
it's you. I would know if I had met the guy and talked to
him before by talking to him right right and I talk, Well, how
would I get him started? I don't know. No, what I'm asking
you is does the voice sound familiar to you? Yes, sir? Does
it sound familiar because you've talked to him before on the phone or from when
you met him in person? Well, if he had someone impersonating his name,
and saying he was Joe when they came here. Then I was I
was spoofed by this contract. I guess, I guess. I guess I'm
not getting my point across. When I talk to someone, I can tell
if I talked to him again, unless they disguise their voice or something.
But right, does that make sense to you? Italian guy, does that
voice sound familiar to you as someone you met? Yes, yes it does.
It was Joe. Perkwitz is an Italian guy, and this is an
Italian guy. Perkowitz is not Italian? What are you kidding me? Perkowitz
is not Italian. Okay, okay, listen. I want to help you,
but I want you so listen. What he was saying to you is
you went behind my back, meaning you know I told you I would take
care of it. This guy might feel like I don't know if he's telling
the truth or not, but he's claiming he never met you before. I
mean, that's a pretty ballsy statement. He said you wouldn't even be able
to pick him well, and you don't sound so sure. To be honest
with you, you don't well. I think I've been deceived in more than
one way. And I don't. You've probably been deceived. I don't know
by who, but you probably have been. The thing is, did his
employee take the money while he's out of town and poses him to get money
that's not unheard of. Or did this guy subcontracted or have an employee do
it and then once the money's gone, they he plays stupid. I don't
know. Yeah, I don't either. I don't know how cad Okay,
what you have to do is get an eyeball on him and see if you've
at him before and he's the guy, if he's the guy you met,
then we need to you need to take in the small claims court. No,
no, no, that's eighteen grand. You're not going to go to
small We need to pursue the Contractor's Trust Act. But you're not going to
do it if this guy just denies ever meeting you. So somehow we need
to find a picture of this guy, and we need to figure out if
you know him or not. Somebody go on Facebook, start looking on the
internet. Man, Joe Perkowitz. And that's not Italian, just for the
record, but well appreciate that. I mean, I mean it's not no
Italian. I know that's named Perkowitz. But what I would do well,
I'm I'm probably wrong, but I mean the guy that I met was the
guy that presented himself as Joel. When they came here and I had handed
a down payment of five grand two in cash, he took it. And
I have a new shill on his contract here, uh that they took a
down payment and then the further the second down payment was taken by his contractor
Scott or Vincent. I don't know which one. Well guess what on on
on the Better Business Bureau, he's got an A plus and a five point
five and five reading. But you know you'll see my comment in there too,
because I went to you know why, because the Better Business bro They
are a bunch of dinosaurs too. I mean, they don't know good from
bad. They're the biggest joke. I swear to god. I can't believe
they're still in business, ripping companies off with membership fees. I just can't
believe it. I'm trying to find something online. Go on Facebook and search
for this guy, man, I mean, are YouTube morons. YouTube morons,
do some searching and okay, call us back, man, Go on
Facebook, go anywhere. Let's try to find this guy. I mean,
he is saying you never met him. I'm wondering why though he didn't send
me a photo. That's the part that bothers me. He wouldn't send us
one three oh three seven one three eight two five five. We got another
follow up here with Milton, but man, I got to take a break.
I'm running behind time. People are pissed off at me. But bottom
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three thirty two eleven nine seven zero six six three thirty two eleven rpcenter dot
Com. Hi, Tom Martinez here three oh three seven one three Tom threer
oh three seven one three eight two five five. So Milton called with an
arm problem, trying to find the original call. Deputy Chopper took care of
it. And what was the original issue here, Let's just remind me and
I'll find the call while I'm talking to you, guys. Go ahead,
it's on May twenty third. He bought up got it? Oh, I
found it okay US Class C motor Home JCO Redhawk. I remember this and
the dealer was in Texarkana. Ninety Granny paid for this and waited for the
power converter to be fixed, right, and so what's the big deal?
Now? What was that all about? Did they fix it or not?
Not? Really, Tom, I get to the gong show. I can't
do anything with this. He's going to tell you about it. It's full
of rust. This is one of those they're pointing fingers at each other and
no one's willing to have it. Wait a minute, I didn't hear about
the rust hold on? So oh, I remember the faulty ground wires because
it was rusted on the frame. And he thinks it's been in a flood,
correct, But the dealer thinks it got sought on it or something when
they drove it down here. Okay, so are you there melting? Hey?
Time? Am I own you are now? Sir? Yes? Okay,
yeah, No, I don't think it was in a flood. I
think it ran through Madclaw Ride or salt for road salt. In fact,
I even checked the weather. This thing was delivered on December nineteenth of twenty
two. Yeah, but what's wrong with that? Then there's nothing wrong with
it if it ran through outside elements. Well, I mean that's not their
fault, right, no, no, no, no, but but but
what happened. I checked the weather from the factory down to Texas can and
it was snowing almost a whole route. Okay, they had light snow that
whole that whole day, and and the weekend before that, because they probably
picked it up on Friday and drove it down over the weekend because it was
delivered on Monday. But if they ran through Madclaw Ride or road salt and
all the stuff got coded underneath it, and then it was parked for over
a year and it never got washed off. There's enough humidity in Texas Cana
the rest this thing just like it is. That's what I think happened.
I wasn't there, I didn't see it. I can't prove it, but
I think if I took a sample of that white stuff that's on there right
now and brought it to a chemist, he can probably verify that's what it
is. Well, I don't think they're doubting it, right Jopp. Or
they're not doubting it drove through weather, that's what they're saying. The problem
is no one knows how to fix it or wants to fix it. Well,
Jaco is the manufacturer. I bought a brand new unit. I went
to Texas, Cana to get a deal because the twenty fours had been out
for months and they were discounting the twenty threes. That's why did you buy
it direct from Jacob No? I bought it from the deal a greg R
Marine an RV in Texa, Caana. Greg R. I felt confident in
doing that because it's a brand new unit with the Jacob No. I get
what you're saying. It's brand new, but it had been exposed to the
elements. It's really no different than a brand new car. They take and
move around the lot and it sits there. And if it was, it
depends on how bad this rust is. I mean, is the frame rotting
for God's sakes? Or is it just surface rust? Oh no, no,
it's the drive chef is pitted. They're spots in the frame that are
pitted. All the springs are rusty, the power unit, the hydraulic,
the electric motor, and the hydraulic pump for the for the leveling jacks.
This thing looks like it's been sitting outdoors, you know, for years.
I mean, like I said, on the top side, it's beautiful,
but underneath this thing, it looks like a car has been sitting in the
junkyard for five or ten years. I mean the report that I sent to
you guys, that was done by another RV shop. The guy stated that
it didn't look like it had less than two thousand miles. It looked like
a used vehicle a little over one hand thousand miles, and it's his opinion
that should have never been sold as new. Well, listen, man,
if it drove through one storm on delivery, it's hard. Why would somebody
say it looks like it's one hundred thousand miles because that's the way it looks.
I think I sent you some pictures. Yeah, but they didn't show
much. I mean they really you can't see how what would it take to
sand it or to be blasted and to recode it? Okay, and I've
got one estimate right now. I I sent the gentleman pictures. I've used
him before. I think he does really good work. Empire truck. He's
up in Commerce City. Well tell me what will it cost? He didn't
actually see the vehicle yet, but then what did what would have cost?
You know? Okay? He sent me an estimate for fifty two hundred dollars
sit unseen and he's going to have to wash it first to get the all
the salt office. Well, sure, they have to put it up.
They have to put it up on a lift, They have to powerwash it,
and then they have to probably be blast some of it and then recode
it. Yes, and he says depending on the break lines. Break lines
are really rusty. He says, they may have to be replaced. It
demands on how deep the rust is than those. The drought shaft's going to
have to be pulled and rebalanced because this pit is so bad. I'm not
sure are you there? Are you sure they're not just exaggerating that? How
can this possibly happen from simply driving around? That's what motor homes do?
No? But Tom, what? Yeah? I mean you can go drive
motor I'm driven rbs through the snow for since I've lived up here in nineteen
eighty nine, I've never had this problem because eventually you run through some water
that's going to wash it off. It doesn't get parked with this, you're
saying, the problem is is that they drove it and parked it for a
year. Yes, they never cleaned the bottom of it and it never got
on the road. With any kind of water on it to wash your stuff
off. All right, Hold on a second, we'll be right back.
Hold on, Yeah, what do I do? Tell me what I do?
Shannon? What should I do? Okay? Joela's EARRA is a criminal
defense attorney, and I hope that you really never need them. But you
know what, here's the point. When people are accused of a crime,
it doesn't mean they're guilty. Sometimes there are extenuating circumstances. Sometimes they're just
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falsely accused, maybe stupid mistakes, whatever it is. I'm not going
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Tech dot com three oh three four five five seventy two forty two. Hi
Tom Martino here three oh three seven to one three talk seven one three eight
two five five. Randy has a comment on Milton's RV that had all that
rust and everything. What's your comment, Milton, I mean rober Randy,
what is your comment? Well, I would guess that's probably on a Ford
cap chassis. I would think Ford or the manufacturer if that's that's what's rusting.
You got to go back on them for Warney because they undercode it and
guarantee against RUSS for a period of time. Now it's the coach body then
that would be Jacob. That's a good point you're bringing Milton. What kind
of frame? What kind of a drive train is it on? Yes,
it's on a Ford and it is a twenty three. What does Ford say
about it? Like, well, I haven't brought it to Ford. And
you know what, that's a good Randy's got a good idea. Okay,
Actually drag out your warning Manuel and see what it does on warny for people
our hires are Are there rb people that are hired to come out here and
look at it? They are a Ford dealer and but you okay, well
you ought to talk to Ford if they I don't know if they have a
warranty on rust and on the undercoading and all that, but you ought to
check it out. That's one thing to try. I'm Tom Martino. We
have more coming up on the Troubleshooter Show three oh three seven one three Talks
seven one three eight two five five. Get your calls in. Yeah,
Ripped up News didn't need advice, so you don't have the You'll come running
just as fast as we can. Shooter's gonna help come man. This is
the Troubleshooter Show. No Tom Martine, Hi Tom Martino here three oh three
East seven to one three talk three three he's seven one three eight two five
five. We've had a lot going on here, ladies and germs and UH
here to help you any way we can do it. So let's go to
the phones and uh and see what we can do. Three oh three seven
one three talk three oh three seven one three eight two five five. I
have Dan mackenzie with me today for mackenzie Law Firm. We're talking about McKenzie
Law and we're talking about estate planning as well as other stuff and some of
the notable calls today. We've had a lot going on, and really we've
had some famous family uh from Rocky's Auto's grandson called in about their estate there
with the granddad founders of Rockies deceased now. And what happens when you have
a prenup that seems to conflict with a will? Does we will take precedent
over everything? Dan McKenzie, is that's a fair question. A prenup and
a will, how do they jive ornachive? Well, the prenup is just
an agreement between us, between two spouses, so it's not really a statement
of your testamentary intent. It's just saying we agree, we don't have to
include each other. So if you said in a prenup that while my wife
might be entitled to fifty percent by statute, she agrees to take ten percent,
can you actually say that? Can a wife can disinherit herself? Can
she agree? Okay? Yeah, okay, yeah, okay. This is
very common where people have separate kids and they come and come to the marriage
with their own assets, So they can say, in this prenup, you
agree to take ten percent or nothing of my estate. You can actually okay?
And then you can say, my intent is to leave everything to my
two sons. If you say that but don't do it in a will,
does that pre nup? Does that hold any weight? Hold? Wait for
the ten percent for the wife, right? But it doesn't hold? Will
it doesn't hold? Or do you tell me what would happen if all there
was was a prenup? Yeah? I mean a will has very specific requirements.
You know, it's got to say, it's got to show that it's
reflecting the person's testamentary intent. It's got to be witnessed or notarized, preferably
both. It's got to be signed. I mean, it's it's got all
these requirements that a prenup usually doesn't meet all those So usually the prenup is
more of a contract, right, So it's not usually, and a will
is not a contract. No. I often wondered, why do wills even
have to be followed? Is there a law that says the will you know,
when a person's dead, they're dead, right, but their will actually
it it survives them. Yeah, it is an interesting question. Should decease
people be able to direct where assets go? And? Uh? And they
can't? Yeah, because yeah, Now we talked about the date of death
valuation. Right, when you have a piece of property of real estate,
the day that that person dies, you basically have a freeze date where that
is valued. So if they bought it for fifty grand the day they die,
it's worth two hundred, then you sell it for two hundred. You're
not going to have to go back to fifty grand and calculate capital gains,
right right, Okay, but there's an alternate date you can use. Why
is that for volet more volatile assets? I mean like if you've got a
stock portfolio, this person passed away, they have a stock portfolio, and
then you know, shortly after they pass away, there's a terrible stock market
day and it loses ten percent? Like, should the beneficiaries receive it?
Should the a state be taxed at that higher rate? When it's like this
happened two months later? We you know, suddenly this event happened the stock
market, those thing's worth ten percent less. So the IRS gives you two
dates to choose from, and the PR personal representative gets to choose. So
you can choose the date of death valuation or nine months later? Six months?
Oh, six months later? And is it exactly six months? Yes?
Okay, you're not going to get to what if you're waiting for the
six months and things don't change the way you wanted him to. Can you
go back to the date of death? Yeah? I mean you wait the
six months and then you get to choose between the two. Okay, yeah,
okay, have you had people then changed to the six months? What
if the if the house goes up in value during that six months, then
you can, you can take the higher value. Yeah, no, that
the rule is that it has to have dropped in value, and it has
to be done because the estate is going to play a lower estate tax.
You know, we're not doing this to be like vindictive and stick people with
you know, lower capital you know, lower capital gains basis. For example,
like the personal representative cannot do this and then say, haha, you
know I never liked you, brother, so I'm going to give you the
lower capital gains basis. It has to benefit to the estate. So there's
some very specific It's okay, it has to benefit the estate. Yeah,
and uh again three zero three seven to one three talks seven one three eight
two five five. We can talk about anything, not just the states.
But I do want to ask this is there and we've we talked about it
before. I don't want to really exhaust this topic. But even recently,
while I was looking into, uh, the law specifically because I was taking
a test. I won't get into that, but the law was saying,
you know, this is this triggers gift tax. This doesn't create trigger gift
tax. For example, a five to twenty nine college plan. If you
start a five twenty nine college pen for your kids. That's tax deferred savings,
non deductible contribution. But there's no limit to the contribution you can donate
for your kids college, right yeah, I would have to look that at
that and as long as that use it for college. Yeah, there's no
tax on the earnings. Correct. Now, here's what I want to know.
They said, is it exempt from gift tax? Exempt? Does it
at? Does it count against your gift tax exemption? Do you remember or
not? I don't I did you just say that your understanding is that there's
no cap and what you can put in there? Because I thought there was
or was? It's such a high high cap. It's such a big cap.
I could research that. Yeah, well, well we could probably do
it in a minute here. But in any case, what is exempt from
gift tax? Now, obviously when we talk about gift tax people, let's
let's let's clarify this. Everyone has an exemption up to a certain amount before
you pay gift tax. And that is a big high exemption right now,
it's up to like, what's sixteen million over thirteen million, over thirty So
if you and your wife have an a state of twenty million dollars you can
literally give every dime away and not pay a tax on it. Right now,
if you go over your exemption, then you start paying tax. But
they it even goes one step further than that. There are some things that
are exempt, which means they don't count against your limit. So if you
want to preserve that thirteen million dollar exemption, then you give away things under
a certain amount and they don't go against it. Yeah, okay, And
a lot of people confuse that thinking if they go over that minimum amount they
are taxed on it. They are not taxed on it. It simply goes
against your exemption. So you may have a thirteen million dollar exemption, and
let's say you give away a ton of stuff and at the time of your
death, you only have an eight million dollar exemption. And most people aren't
going to be touched by this. But I bring it up for a reason
because people go through extreme hardships sometimes to try to give stuff to their kids,
thinking they have to do it that way to avoid gift tax. Do
you often explain to people you don't have to worry about it. Yeah.
I mean, if I have five million dollars and I give my kid three
million of it, right way over what I'm allowed to give them. I
just have to report that three million of the irs. They're going to look
at what I have when I pass away, and they're going to see,
oh, he had well below the estate taxes. So do they keep track
of your gifts above fourteen thousand years or sixteen thousand years? Yes, because
you're supposed to report those in a gift tax return. And if you don't,
is there a penalty? Yeah, I mean it could cause big problems
down the road. You can't hold the irs? Is pretty good it actually,
even if you don't go above your exemption. No ill, oh yeah,
yes, yeah, I mean there could be. Yes, they might
look at gifts and so if you give away twenty rand, sixteen of it
is exempt, and then you have to count four of it against your lifetime
exemption. Correct, correct, But this is per person. So like if
my wife and I want to give we have four kids, we can give
each of them the thirty two thousand bucks and give away one hundred and twenty
eight thousand bucks if you wanted to without filing a gift tax return. If
we give it to each of them, and all that happens when you file
a gift tax return is you don't pay tax, it just goes against your
exemption. It will count against your exemption when you pass away, and somewhere
somehow the IRS is keeping track of this. Yeah, so they'll know if
literally they keep track of it. So if you file a gift tax return
on your Social Security number and it says you gave away X amount of dollars,
they have a calculator in the sky that tells you how much you have
left I mean eventually, So yeah, I guess if you have to file
it then state tax return eventually, Yeah, they're going to add that amount
to okay, state, Matt, you have a question on an RV.
Go ahead, Matt, what's going on? Yes, sir, I'm just
wondering if you all had any companies in the Denver metro area that you knew
of. Did hail damage repair on a camping trailer an RB that that no
any any dentless paint repair can do that? Are you looking for paintless dent
repair or repairing dents in general? They won't do paintless dent on a trailer
because of it being the aluminum sighting. Wait a minute, oh oh,
wait, when you say a trailer you mean like when you live in No,
no, no, sir, like a look on RB a camping trailer,
a thirty two foot okay, okay, no, I get so,
like a camper trailer with aluminum exterior skin. They won't do paintless dent repair
on that. No, okay, replace the panels. I understand that.
Okay, they're saying to get behind it and do all that. It's cheaper
to replace him exactly. Okay, So what is your question? Do we
know people that reside campers? Yeah, or that do the you know,
to the reskin of them or yes, I do know people that rescin them
and well you can go. I believe that Lazy Days does all of that.
Okay, Lazy Days RV. Have you heard of lazydays dot com?
I have? So is it any of them or just the main Well?
No, no, they have to have the service facility, and I believe
there's one. I believe. I want you to start here and if not,
let me know. But I think it's up at well, I know
where it is. It's exit two forty and I twenty five. I have
the number. And they used to be Sentry RV and they merged with they
merged with Lazy Days, good people, and they're up at I twenty five
and exit two forty. That's north of the city on Frontage Road. There
they have a big beautiful maintenance of city and I believe they do buy work
and stuff. And here's what you can do. You can call them and
see it's three oh three four five three one one one one. I believe
I'm looking here to see what they say here. Uh, okay, they
do chassis repair, they do interior remodeling, upholstery services, collision repair,
dent repair, paint repair, roof repair. Yep. Now I don't know
if they do that all at that one, but that's what their service facilities
do. They could direct me in the right direction then, I'm sure they
can. And and truly these people, man, they're like the biggest game
in town. They're all over the country Lazy Days. So call up to
that north location three oh three four five three one one one one, ask
them up there. Uh and uh yeah. And then as I said,
if they don't actually do it there, they'll either have a sub they do
it with, or they'll send you to one of their other locations. And
that's lazy Teresa what's going on with you? Teresa? Welcome, Hi Tom,
thanks for taking my fall? What's happening? Can you hear me?
Okay? I sure? Ken yep, I can hear you? Great?
Okay, okay, great? Well, yesterday I received a letter. I
have a condo in Parker and currently I am renting that, and yesterday I
received a letter saying that the uh uh every owner is being sent five thousand
dollars special assessment bill due to UH the homeowners association has depleted reserves. And
are that's happening to Teresa? Let me let me give it. Let me
give you a simple explanation. In every homeowner in every HOA, in every
single one of them, or condo association, in every single one of them,
what there is is a normal monthly payment. People make their fees,
their dues and all of that, and in every single one of the agreements
it says if you ever fall short, then you can assess owners now.
People fall short sometimes just normal maintenance and repairs. Sometimes people fall short because
they're paving a parking lot, and other times they fall short because they have
a giant deductible on their roof damage and the insurance company will fix it,
but you have to pay the deductible. So in all of those cases they
go into their reserves and if they exhaust their reserves or if the reserves get
too low, they have the right to assess owners. And that's what's happening
to you now. There are ways depending on what the assessment is for,
there are some coverages for that. But hold on, I have to take
this break. We'll talk about it. It's a very important topic. It's
affecting a lot of people right now. No matter what, you want to
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his team will be there to impart information on saving for retirement, on Medicare,
on on also social security in general, on insurance, on equity in
your home, on reverse loans, everything financial for an aging person. And
what you really need to do is reserve seat three oh three seven seven nine
sixty six hundred. That's seven seventy nine sixty six hundred. Hi, Tom
Martine here, three oh three seven one three talk seven one three eight two
five five. Let's talk Teresa the HOA. So here's the thing what I
want to tell you about is assessments are how happening all over It's a really
bad time to own condos and town homes. And I'll tell you why insurance
companies are pulling out they're not covering or the uh they're demanding extremely high deductibles,
or they have deferred maintenance these places because they're coming up now. They
were all starting to be built around the eighties and now they're they're all coming
up on extreme maintenance. But Teresa, depends what was your you? You
I imagine you have insurance, but you can get loss assessment coverage, but
only if it's an ensurable event. So and only to a certain amount.
What are they assessing you five grand for? Uh? Let me see,
basically, Uh, there was an extensive roof placement. Yeah, now was
it? It's done by insurance because of a storm that I'm not sure they
said, also other significant maintenance. Oh never mind. Okay, okay,
but yes, there was some winter storms and they had damage to several buildings.
Well, here's why I'm saying this. You're not going to get the
maintenance covered. You're not going to get roof replacement coverage. But if you
have the right insurance on your condo, you can be covered for certain lost
damage assessments. And lost damage assessments are shortfalls where homeowners are assessed, but
it's only for insurable events. So if it's covered by insurance and there's a
deductible, this lost damage assessment coverage will kick in. And some you can
buy it now up to I think twenty five grand, but you pay for
it, and some people have it for five grand or ten grand. Some
people don't have it at all. So do you have lost damage assessment coverage?
That I'm not sure of. I will have to look at what kind
of policy do you have. Do you have policies if you were living there,
or a landlord's policy. A landlord's policy. Okay, you could have
lost damage assessment. You would look at your declarations page and it would tell
you who is your what underwriter? Do you have what insurance underwriter? I
have a Colorado Farm Bureau. Yeah, that's hard to say. That's hard
to say anyway. But it'll only cover the part if you do have lost
damage coverage. It'll only cover the part of that assessment that's insurance related.
Okay, that's all. It won't cover just deferred maintenance. Like if you
move into a We've had many people move into a complex and they have to
redo the parking lot and they're assessing every homeowner eight grand for example. Well,
that eight grand will not be covered by lost damage assessment because it's not
a damage, it's a maintenance. There's a difference between maintenance and damages.
Damages are from Damages are from storms and events a car runs into the place
or whatever, but it's not due to deferred maintenance. Okay, got it.
So check your policy to see if you have it and then see which
part of that five grand is going to cover is because of insurance, Teresa,
I'm going to tell you something five grand is right nowadays is cheap.
There are people being assessed twenty thousand dollars. Oh gosh, yeah, twenty
thousand dollars. So is this the first time you ever paid an assessment?
Yes, it is. You're lucky. Yes. And that leads into my
second question, is you know, can this happen again and again and again
and again. Yes, there's no limit. There is no limit the whole
lot. There kind of is a limit. In other words, the HOA
board they vote for stuff, you know, so there has to be like
they can't like hire their brother in law who is going to give them a
kickback, and then just charge homeowners. So yeah, there is a limit.
But if it's an honest to god expense, they can pretty much bill
everyone absolutely even sometimes like this is something that a lot of people get confused
about. Let's say you have separate buildings and all of the repairs have to
be done on one building that is still aggregated to all the owners. Okay,
so you can call us back if you want. When you look at
your coverage to get an idea of what's covered and what's not three oh three
seven to one three talks seven one three eight two five five Deborah, what
is this going on with Verizon? Well, we're on a family plan,
my sister, Gina Montano, and they've been on it for about twenty three
years. I had my own before. I'm a veteran trying to re establish
my career and stuff so I can buy a home on my VA and she
called and set it up at one of their course, one of their So
Sawait, you've had this family plan for many, many, many years.
Yes, my mom and sister have, Yes, and then I've been on
it. Okay, hold on and we'll come right back to you. Okay.
I want to help a veteran out if I can, So we got
more coming right up. I'm Tom Martine. John Fuller is a personal injury
attorney that I like the way he does business this way or his practice,
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five nine seven forty five hundred my accident lawyer dot co Hi. Tom Martino
here three oh three seven one three talk three oh three seven one three eight
two five five. Okay, Deborah, So you've been on a Verizon family
plan for many years. Continue with your story, Dear, what's happening?
Well? My sister called in to make sure that when I was up here
for medical and Department of Vocational Rehab and to see an attorney, that I
could go to Verizon. And she called made sure that they would take care
of seeing what the problem is. And Keith, the manager, I'm not
trying to be rude, but he was very rude and condescending talking. Now
hold on now, wait, were you having trouble with your phone? Yes,
i am, And he was very condescending to you. Why oh,
because he said, your sister's not here. I can't verify who she is.
She already did what she needed to so that when on the phone,
you know, because she works from home, she is have medical issues.
She did what she needed to do. We've gone to other horizons in Westminster,
Bloomfield, several others. We've never had this problem. And he said,
so, what would you like us to do, Deborah? I want
to get you some help here. So your phone is acting up. This
guy was rude. He couldn't verify. You couldn't get your sister on the
phone to talk to him. All they usually need is some kind of verbal
patty, go ahead and talk. She did talk to him, but he
wasn't going to listen to anything. She said, what like to verify?
All they normally need is a number and a password or something like a verbal
password. Exactly exactly, Okay, which store was this? It's the one
that's in Johntown. It's forty seven ninety one. Did you say anything to
him? Yeah? I told him. I said that we've never had a
problem with this before. We have never had a problem with this before.
And my phone number. I pay for my phone and it's on there.
And he said, we can't verify who your sister is. But she already
did all of that and she was on the phone. Okay, So what
would you like us to do? Seriously? I mean, I wouldn't mind
calling up there? Go ahead, hen, And I told him I was
going to call the corporate office because we've never had any problems before ever.
No, right now, you didn't get your phone issues fixed? No,
No, he wouldn't even he wouldn't even give you because he said he can't
verify anything. Yes, and you guys, how many are on this family
plan? My mom she's in for eighty nine, my sister she works from
home, my brother Marco, who is a truck driver, and myself.
Wow, I can't believe they're giving you such a hard time. I mean,
so, is there another store you can go to? Yeah, but
I'm going to have to I don't Yes, there is, I'm probably I
don't know. My sister may have to go with me. I don't know.
Why do you think let me ask you something? Now? That's bull.
You don't have to do that. There are plenty of times when my
kids go to a store or my wife and I'm the I'm primary on the
account, they can still get access. I just give them they I think
I have a verbal with AT and T. There's some kind of verbal password.
Yeah, exactly, exactly. And do you know what? I want
somebody to call up there and ask him. Seriously. I want them to
call that store specifically and talk to the manager say, look, man,
we got to report you were rude. All we want to know is how
does this woman? Did he tell you what you needed to do? Or
did he just say I can't help you? He said, I'm not going
to do anything because I can't verify you're not on the account your name?
Okay? And did you say and did you ask what do we need to
do? Yes? Because well my sister did too because she was on the
phone, right. And what did he say? He said, I'm not
allowed to authorize you over the phone. And here's the thing, Tom,
All he had to do was look in my phone and all the information is
right there of who I am and who she is. And she was on
the phone. Yeah. Was this an old guy, a young guy or
what. I'm just curious what kind of I don't know. I wouldn't guess
his age. He never used to work at Verizon. Very rude and condescending.
And the male chauveness. Okay, hold on, who wants to take
on this male chauveness pig? Who do we have in the studio? Kachina
Chopper, the popper, and we have Deputy Dollar. I'll do it.
Tom Chopper says, yes, yeah, Chopper. This is a veteran here,
Deborah. She all she wants is to get her damn phone fixed.
Hey, what do you think is wrong with your phone? Deborah? What's
what are the symptoms? I'm curious. Well, I don't I can't get
incoming calls. I can't call sometimes it's supposed to have four G or five
Are you are you ready to get an are you ready for an upgrade?
Do you know on the account? Can you get a new phone with I'm
working with the Apartment of Vocational Rehab there because of my disabilities in the military.
They're authorizing and we're waiting for an authorization for a new computer so I
can go online to do applications, apply for job, and they're wanting to
hit me and iPhone a new I phone. Excellent. We want to help
you too, So hang on all right, We're gonna get somebody to talk
to you. I'm Tom Martino three oh three seven to one three talks seven
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I love this company. You will do three oh three, eight hundred thirty
four nineteen. Three oh three eight hundred thirty four nineteen Hey Tom Martine,
you're troubleshooter and I'm with Dan McKenzie McKenzie law. We're talking about a state
planning in between everything else. Now, here's something I want to know and
it's something I thought I learned, but I'm not sure. Some people buy
life insurance. Is that part of a gift? Is that part of your
Does that go against your exemption? Like when you have life insurance and the
proceeds go to a beneficiary, how does that work? It is part of
the exemption unless you do something so it counts against your exemption. Yeah,
okay, not that it matters. Like I said, most people are never
going to get to that exemption. But the point is, can you Is
there a way to do it outside of that? Yeah? So you might
have heard of your vocal life insurance trust. That is an you're a vocal
trust you set up. It is the owner of the policy, not you.
So you buy that, but you pay for it. You're paying.
You give the trustee the money to pay the premium every year. But if
that's a gift, potentially, but it's usually under the amount and so then
so then can you use a life insurance trust for a number of reasons?
Can you use a life insurance trust to pay a state taxes? If you
ever had any Yes, yep, and again a state tax. Do you
ever think there'll be a point where there really will be a state tax on
everything? Doesn't it decline every year that the exemption? No, because up
every year. Oh, I thought it's going up by the cost of living
which is why it's such a weird amount now, So it's like thirteen point
four million. But then isn't But isn't it on a schedule? Like doesn't
it? Didn't it expire one year where it was zero? Yeah? I
did, and they said that was a hell of time to die. Yep.
What year do you recall? That is twenty ten? So everything left
in your estate was taxed? No, nothing was taxed. George Steinbrenner gave
away the Yankees with no estate tax because he died that year. Oh,
that was the year when there was no there was no there was there was
no limits, like, yeah it was, there was yeh exemption. But
isn't there just the opposite to where it's a zero exemption? I thought?
I thought it went both up and down. I mean, the lowest I'm
aware of it having been anytime recently it is about six hundred thousand. Back
at the beginning of the two thousands. But do you think it'll be here?
Do you think a certain amount of exemption will be here for good for
regular people? Yeah? Yeah, yeah, yes, yeah. I mean
it transcends parties kind of, doesn't it. I mean because people. I
mean, if you pay taxes on everything all your life, for God's sakes,
you want to be able to leave it to your kids or to your
loved ones without paying tax on it. Yeah, and and and by the
way, what is a state tax? Okay, let's just say, let's
dream a little and somebody has more than the exempted amount for the amount above?
Is it a big percentage? What is it? What that's high?
Then you might have some state like you know some states. So are you
telling me a guy like Jeff Bezos or somebody seriously, they could end up
potentially are you kidding? Paying billions that could happen or millions? There must
be ways around it. What are Yes, there's charitable donations, there's the
gifting, there's the area what about trust to trust? But you know when
you if you move assets into a neurovocal trust, again, you file a
gift tax returned when you do that, because you're giving away. So there
to a certain extent, then there is no way to pass on a certain
amount of generational wealth without giving the government forty percent. There truly isn't a
way. I mean, in other words, wouldn't it be virtually impossible for
a billionaire to do that without any tax to the government depending on their charitable
their charitable intentions, they could deal with charitable donations. Okay, yeah,
but still it doesn't benefit their errors necessarily. Right, all right, we
have more coming up. Get your calls in problems, questions or complaints three
all three seven one three talk seven one three eight two five five, and
then we're gonna find out what Verizon why the guy was an idiot to our
veteran coming up? Yeah, ripped up had news. You need advice,
so you don't have the come running just as fast as we can show Shooter's
gonna help. Come man, This is the Troubleshooter Show. No Tom Martine.
Hey, I'm Tom Martino. Welcome to the show. The only show
is kind of anywhere in the universe where we're solving problems, answering questions,
taking complaints, making life just a little easier. You know what I decided
to do. I decided to unleash my Google Voice number. Maybe I shouldn't
do that. I was gonna. I'm gonna give it out, and I'll
tell you why. Because I can get text at this number. I think,
yeah, I can get texts. So if you want to send me
a text while I'm on the air, of course, you YouTube morons.
You can send me a text if you if you, if you want to,
as well as your message is there if you have a problem, question
or complain, anybody that wants to text me at this number. And again,
you can text me at this number. You're ready for it. It's
it's a cool number. It's my exclusive voice number that I use for my
calls on the air here already. Seven four seven nine fifty two eighty.
Isn't that a cool number? Do you know why I picked it? I
don't know why. I sound You can pick any number you want with Google,
you know, but most of it you used to be able to.
So I picked seven four to seven because I like airplanes seven forty seven,
and then nine nine nine. I just picked it because it was just easy
to remember. Nine nine nine, and then fifty two eighty. Of course
is the mile high city. Seven four seven nine nine fifty two eighty.
You can text me. Whoever gives me a first text message will get one
hundred thousand. Never mind nothing. I'm just kidding. You're not gonna get
anything. Uh three oh three seven one three talk three oh three seven one
three eight two five five. I hope I don't get endless text forever now,
But seriously, you can text me, and I'll and actually, when
you text me, I will. Okay, all funny. Hey, I
didn't know you can. Ah. I got a dirty picture. That's pretty
awful, isn't it. I just send that to me, Shannon. Anyway,
I want to see if you get pictures. I didn't know I can
get pictures now. I'm really gonna have to. Oh no, I'm gonna
I open myself up to crap here, holy crap. Anyway, that we
got a picture of Kelly stuffing her face. Yeah, he sent me a
picture of you, oh, Shannon. Yeah. By the way, you
can also text the show at five seven nine. Okay, somebody just texted
me. What do I win? Oh? Yeah, you can of course
text us at the regular text number. That's kind of boring. But somebody
said first, No, you're not the first. You were the second.
Oh damn it. I'm just getting their number but not their names, so
I don't know who they are. Do me a favor and identify yourself.
And if you have any questions, give me a just give me a question
anything. We got Dan McKenzie here for questions if you want. Now,
let's talk to Kevin on a series. No, Kevin, what's happening?
Go ahead, Kevin? Hi, how you doing? What's happening? Man?
What's going on? I have a little bit of a problem with Gilbert's
Tree Service. Now what is Gilbert's Tree Service? Is it for trimming and
all of that? Well, they do landscaping, I guess, and they
also do firewood and then they delivered firewood in the wintertime. What's the problem,
man, Well, back in February I had him deliver a quart of
firewood and the guy, the guy's four wheel drive wasn't working in his truck,
and he got wound up getting it stuck, and the more he tried
to get out, the worst it got, and he wound up taking out
two of my fence posts and the gate and all of the fencing. What
and how long ago was this? Well, he'd get it back in February.
I've been waiting, you know, I waited until it got warm,
you know, to do the work. I've been calling and I've been calling.
Did he say he was going to fix it? Yeah, they said
they were going to fix it, but they just they're a no show then,
you know, they weren't answer my phone calls. How much damage did
they do? I haven't had it estimated at two four by four posts eight
foot long. And wait a minute, wait a minute, how does all
that happen? And from getting stuck? Was it snowing out? Why did
he get stuck? There was snow and ice on the driveway and he and
he didn't have the traction, He didn't have the four wale drive. Yes,
so formal dive, but it wasn't working. So you're saying, okay,
because normally if a lot I'm trying to think how this would work normally
if I have a delivery to my house and they slip on the ice and
snow, is that truly their fault? You're saying he was ill prepared?
Yeah, yeah, because there was supposed to be. He told me himself
that, you know, uh hit the boss. How much did you get
this estimated? How much damage are we looking at? I didn't get an
stmate because they were supposed to come and just stick. Well, what if
you had to guess, Well, you're talking about some posts, right,
well two two uh four by four posts that about eight feet long? Uh?
And you know, and and that are are they? Like? What
are the posts for? They're concreted into the ground or well you dig a
hole and put them in. You can put concrete in if you want,
yeah, yeah, but what are they used for? Is that for your
gate or something? Yeah? Their corner poster for the fence. And are
those the only things that broke? No, you bent the gate up too
to prefer Is it one of those is it a decorative gate or is it
one of those farm gates? The farm gate? Okay, okay, like
you get at the feed store, the big orange ones weald green? Yeah
yeah, yeah yeah? And how big is it? Twelve feet six feet
eight feet? What is it? It's twelve feet long five feet high?
Okay? Yeah? How much do they cost nowadays? That? Oh wow,
I would only be guessing. Well, I'm gonna say I'm going to
say they're probably about two hundred bucks. And I'm going to say you're four
x four posts and labor. I'm trying to figure out here you got you
got what around one thousand bucks? Well maybe not that much, five hundred
to one thousand anyway, I mean, you would think this clown would call
you back for this. You know, we'll call them for if you want.
And here's the thing, worst case scenario you can take in the small
claims court. I see you getting a judgment against this clown. Where is
he located? I think out in Peyton. You know, it doesn't sound
like the end of the world. I mean, does this guy have you
know we have horses we have yeah, yeah, that fence that fences off
where they can graze. And we can't put our horses out there because then
they'ren't wind up out on the road. No, I know what you mean,
you can't put an electric wire up there temporarily. Well, well,
I mean it's also our driveway too. No, that's why we have the
gate there. No, but the gate still works. It's just been right
or oh wait, no, the gate is the boat that is attached to
with on the ground. God, this guy did a lot of damage.
I mean, I mean for just getting stuck. How big was the truck.
It was, you know, like a big god ram, you know,
like twenty five hundred. But even how that? Yeah, okay,
all right, I just find it so odd. Okay, was it Gilbert
himself that did this or was it one of his workers or what? Well?
Uh he said, I think it was like his brother. But okay,
I mean that the guy doesn't work there anymore because it's so big deal.
They still have to fix it. Okay, but I'll tell you what.
This lady, But the lady came out, I guess one of the
you know, the head people came out. I talked to her, well,
yeah, well we'll fix it. You know, you know we were
landscaping company. We'll come out and fix it. And she took pictures of
it and stuff. And then I waited till I got warm, you know
and stuff, and then they call, you know, I called them,
and I just think it got you know, the run around, and then
finally they just said, we're not gonna you know, we're not gonna deal
with you. You're gonna have to deal with it manager, and get me
another number. Let's do that. Hold on, let's run it. Let's
do that. Let's uh, let's figure out what we can do. We're
gonna call them and see we can light a fire under him. Hey,
can you give this to Deputy Dollar because he's there hanging out. Let's do
that, Deputy Dollar. Three oh three seven one three talk seven one three
eight two five five. All right, I'm getting text on my Google voice
number. And here's the deal. Somebody wants to know Dan. Instead of
talking about rich people who have millions and millions of dollars in estate taxes,
let's talk about the real deal. What are the expenses of normal probate.
That's a good question. I never actually asked that before. What tell me
what's involved in probate? Yeah, so to open a probate, you file
a petition with the probate court. Usually that's about two hundred and forty bucks
okay fee, And then you've got to run a credit or notice, usually
in news. Now, what's a creditor note? Now there's no newspapers?
What? No, Really, they have to update the law. When it
comes to notice, it should be on Facebook or it should be on Instagram.
I swear to God. I mean, so where do you run notices?
Nowadays? They still have a legal requirement for newspapers. Yeah, you've
still got the Inglewood as a recorder. They Aurora Sentinel, like these small
whoever reads those? I'm thrilled. I'm thrilled that we're running his creditor notices
in the smallest newspapers we can find, right, I mean we're trying.
Yeah, what is the requirement for notice? I got to run at least
once a week. It's got to run in the county that the person lived
in when they passed away. It's got to circulate to at least ten thousand
people. So there's some minimal requirements here. And you can actually find newspapers.
Yeah. Yeah, if you can't, what do you do? I
mean you can, Okay, I've never had that problem. Okay, now,
so that's notice of credit. Five bucks to run that three times right
now. So there's and then you know, usually there's a few filings after
that. It's probably for just the court costs, probably in the three hundred
and in the newspaper fee probably about three hundred and fifty bucks to do,
and then an attorney can be several thousand. Now why do you say several
thousand? I mean, you know, when we're drafting the petition, we're
doing the creditor notices, we're helping documentaries by the stuff to do. Yeah,
I mean we do flat fee on probates too. But now, what
is the purpose of probate Because if you go in and let's say your family
member dies and you go to their bank, or you go to the clerk
in the quarter's office, or you're talking to a title comment about selling their
assets, are you gonna be well, who are you? Like? How
do we know there isn't a will out there naming somebody else to get this?
So do you actually get documents from probate that that give you authority to
do things? You get a documents called letters, which is the documents that
you which is the document that you carry around and it tells the banks and
all the others that you have authority. Yeah. Now, can you have
one probate action and three or four different authorizations for different people, like you
can do this, and you can do this, and you can do that,
or do they Is it just all on the personal representative? You can
have multiple people in the position together, Like I mean, it's like one
personal rep What if he's busy and he wants to do I'll take care of
the banks, you take care of the cars. You can agree to that
amongst each other, but you're all on the hook for everything, right,
So if you decide like you're going to take care of the cars, then
you don't do it. I'm you know, I can't say, hey,
I told Tom to do it, okay, because the personal representative is responsible.
Right, Well, what happens if somebody doesn't want to be a personal
representative? They can just they don't have to accept it. Oh yeah,
yeah, you probably should be very you know, skeptical whether you want to
do that job or not really truly, So it's kind of like a favor.
Yes, I mean you can unless you have money coming and stuff can
be paid for your time, you can. Yeah, does it? Is
there a statute on what you're saying reasonable compensation? Because we don't really know
usually how hard is this going to be? Like we don't know how many
creditors are gonna show up, We don't know if the state's gonna be sued,
We don't know. You know, there's all kinds of stuff that can
happen that can either make the job. Now obviously, a personal representative could
just be a kid, the son or daughter or could be a wife.
It often is yeah, either the house or the oldest kid. It's a
very popular choice. But it's hard. I mean it's you know, I
tell people like it. Look if I found out I had to liquidate everything
I own today and take care of all my bills and close everything out,
like that'd be a hard job with my own stuff, like to step into
somebody else's and figure all that out, Like that's so lot. What if
look, look, look, and then you got to pay an attorney and
all that. What if everyone just walks away? What happens? Just say
the hell with it. We're not tangling that. You're not No one can
make you do it right, right, it can happen. So there's public
administrators out there that have been appointed by the courts that can so so are
there literally people if there are states not worth anything, who's going to take
the time and energy to pay their bills and take care of stuff or or
you know what happens you just walk away? Right? Well, as I
said earlier, creditors can open the open the probate if they're not getting paid
and if they think it's worth it while and if not, they just let
it go. Yeah, yeah, so there are people that can die that
there's stuff just bait. Nothing. No one does anything if it's real small,
yeah, I mean, you know, somebody's gonna be interested somewhere.
So usually someone's doing something. If it's worth less than eighty two thousand bucks
and doesn't include real estate, you can just use nafidavit to go around.
But a car you can do a small state after David, But anything over
eighty two grand you've got to go to court, yeah, to have it
transfer What if there's no transferable assets, but it's over eighty like cash in
the house, I'm serious about that. What if you're still supposed to go
a probate if it's more than eighty two So even if there's nothing to legally
transfer ownership title, yeah, because somebody has an interest in that cash.
I mean it's very common that people have you know, there's people store and
hard metals and stuff like that. We got crypto now, so there's stuff
out there, and yeah, practically speaking, it's hard to trace it.
Obviously, this is really odd. I mean it's really a good topic though.
Three all three seven one three talk seven one three eight two five five
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You're all Plumbing Colorado dot ned three O three six six's eight six's
eight four four Hi Tom Martino here three three seven to one three talks seven
one three eight two five five love this show. Tom, keep up the
good work. Thank you Rich okay, and also Wayne ass should I keep
my oil level topped up if it is a quiff a court low or wait
till it's a full court? Okay? I can tell you that for sure.
You can do anything you want. Don't ever go above the dipsticks smart
though, and don't overfill, but you can wait for a court down.
In fact, to be honest with your most cars can go two courts low,
but I would never go below a court. And somebody else says,
uh, okay, let's see all right. There's one that has some questions
for is it better to transfer my four to one k to a wroth?
If you have a lump sum in a four oh one k, there's nothing
wrong with taking that and putting it in a wroth. Now it's called a
backdoor conversion. It's still subject to certain things, but most of the time
you can do it. Most people can do it. You can to put
it. When you put it in a wroth, you pay tax on the
four O one k. Now, if you anticipate taxes will go up,
or you want to just grow money and not have any taxes. So what
happens is this, You take an in service rollover, so you're not paying
the penalty. You're not paying if you're under fifty nine and a half,
you're not going to be paying any kind of a penalty. You'll only pay
tax. When you pay the tax, it goes into a wroth and then
grows tax free forever, and you can take out the roth whenever you want.
Roths are also not subject to minimum distribution requirements, you know required minimum
distributions are. So that's the answer on that one. And then let's see,
Oh, thank you very much, I listen every day Steve from Pablo,
thank you? Is there? If there's no will and just a house
was refinanced and I added someone to the loan, what happens? So if
someone doesn't have a will but they added someone on their loan, what happens?
I mean? I almost I think banks insist if you're on the loan,
you be on the title, but I'm not sure about that. But
have you What does happen though? If there is no will and a house
is left and somebody else is on the loan, I just never evening.
I guess that could theoretically happen. Yeah, I mean that it's gonna be
a problem for that person on that loan because they don't necessarily get that.
Not necessarily, No, I think nowadays they require you to be on both
title and the loan. I mean, if I'm a bank, I'm happy
to have as many people on that loan. And yeah, you're right beyond
it. Now, now let me ask you, so as far as ownership,
now, joint tenancy with rights of survivorship means it goes that saves out
approbate right, Yes, joint tenants correct, joint tenants as long as there's
a survivor right, the joint tenants yes, right, and joint tenants in
there in its entirety. That's something I had just learned about. What does
that mean? Is that in Colorado or not? Yes, it means both
the or as many owners as there hold it jointly on the entire asset,
all of them. Right. So how is that different than let them when
you're with your wife and you have joint tenancy with right or survivor right,
any any reflection that you own the asset jointly. I mean, that's that's
what most deed say, is they just say joint they own it. Jointly,
and that means you own the whole thing, both both own it entirely,
unless you do tenants in common. Tenants in common means you own separate
shares, okay, and it doesn't have to be fifty to fifty No,
okay, all right, and then uh okay, here's some we're talking about
cheap fakes off the air. I guess someone heard it. A cheap fake,
is what who mentioned? It was a cheap fake of Biden looking puzzled
the White House? Yeah, a cheap that. What they meant to say
was deep fake. But this guy that texted me or this woman says a
cheap fake is a Chrysler three hundred trying to be a Bentley. Remember how
they they looked at they looked at They looked like Bentley's at one time.
Do you remember that when they first came out the Chrysler three hundred. Anyway,
somebody else wants to know, how do I apply to be a YouTube
moron? You're there. All you do is sign on and you're a moron.
It's honorary and it's automatic. Three O three seven one three talks seven
one three eight two five five For those listening the Google voice number and now
you can still text the station number two, you know the five seven seven
three nine. But I thought it would be fun to put my Google one
out there too. Anyway, we got more coming up on the Troubleshooter show,
well we wanted to. We had an inquiry about why Tom do you
always insist on it's better to have one invoice for all your exterior damage when
it comes to helstorms. I'm going to just be logical here. Think about
this. If you have somebody fixing the fence, somebody fixing the decks,
somebody fixing and siding, somebody fixing windows, somebody fixing roofs, somebody fixing
you know whatever. You got all those different contractors and some claims to submit
to your insurance and all of that. Here's what I like Genesis Total Exteriors.
If you have multiple items of damage, they'll go all in one invoice.
They do it all one company, one point of contact. They'll deal
with your insurance if you want them to. Genesis Tootalexteriors dot Com for all
your storm damage. GENESSI is a company I know and I've known for years,
and I trust them also about Genesis, they can do mold Mitigation and
Detection three three six seven nine eight five zero nine. Hi Tom Marchino,
you're a troubleshooter. Three zero three seven one three talk three oh three seven
one three eight two five five. Now we have the Google Voice number I
gave out for people to text me during the show and with problems, and
truly, if you want to call back to be on the show, you
can text us there and then the number is seven four seven nine two eighty.
It's a pretty cool number, right anyway, So welcome to the show.
And also I got some consumer news that all of those videos that we've
seen of Biden looking vacant, afraid alone, roam wandering off on his own,
those are all cheap fakes. They're not real. They're all cheap fakes.
By the way, the Federal Trade Commission is doing so you know,
I really like the Federal Trade Commission at times. I really do. No
matter who's president, I like him. They're going after Adobe, and this
is a problem I've long sinsed about Adobe. They trap people. You can
easily sign up for Adobe and they don't sell any of their software. You
have to get a subscription to the software. So I have the whole Adobe
suite. Now I love their products. I have what's called the Creative Cloud
where you get all the stuff in there. You know, Audition, Photoshop,
Illustrator, all of that, right, Adobe, what else Photoshop,
let's say, I said that, Acrobat, all of that. So however,
when you want to get rid of the subscription, you can't find a
place to cancel your subscription, and then they tell you you got a call,
and then you can't get through. And I've long said they trap.
But there's another thing they're going after him for. Not only that. Not
only is it they can't easily cancel their software, that's for sure, their
software subscriptions, but also they're charging them fifty percent of the remaining payments if
you do it during an annual period. So the FDC says, no way,
Jose, that ain't gonna happen. So therefore the Federal Trade Commission,
in my opinion, actually doing something right. I love when the government does
something right. Now under I'm just going to say something, under Obama,
the Federal Trade Commission, and he went after some people and for credit card
fees and all that, and I kind of like that. By the way,
Oh and by the way, if you're black, you got to vote
for Biden. That's what I hear. You can't vote for Trump. Except
Biden's his popularity among black sasis decrease. He still holds a majority of the
black vote according to surveys, but it's dropped quite a bit, like eighteen
nineteen points, and those have all gone over to Trump. So I'm wondering
when a black person goes from Biden to Trump, what the reason is.
I often wonder that because Biden said, if you don't vote for me,
what do you say if you you're not black, if you don't vote for
me? Or something like that. Anyway, speaking of black people and surveys,
listen to this. This is a serious note right now. And I
really do find this difficult to believe right now because I don't know, and
obviously that's a white man's perspective to think, is this really still going on?
But this is what seventy six percent of surveyed Black adults, now this
survey was done in late twenty twenty three, that black public officials are singled
out to be discredited. What does that mean? Black public officials are singled
out? So this is what seventy six percent of Black Americans believe also police
do little to stop guns and drugs in black communities. This is seventy six
percent of Black adults say the police are not doing much to stop guns and
drugs in black communities. Now, I specifically remember, especially in California,
them telling police not to overpre have on a big presence in black communities because
it's racist. They should spread it around, and that's happening in New York
too. That I thought that if you had a big presence of law enforcement
in black communities, it was considered racist. And by the way, I
don't believe this. I believe it's an insult to blacks what we do in
the name of racism. I mean, pretty soon, I think they're going
to have to look for another community to blame for problems. They're saying shoplifting.
You know, the reason they raised the limits on shoplifting is because it
was an undue hardship on blacks. So what they're really saying is Blacks commit
most crimes, and we're decriminalizing carthsk because of blacks. What they're saying is
that these laws are against blacks. So what they're really saying is just so
stupid. It's such an insult to black people. Anyway. Here's some more
of the survey. Seventy four percent of black people say that they are disappropriate,
dis proportionately incarcerated so prisons can make money. And these are true surveys,
by the way. And then big business market luxury items to black people
to keep them in debt. They say that they've included black people in a
lot of these commercials for high priced luxury items on purpose to keep them in
debt. Now, this is a sorry commentary right here, that so many
blacks are distrusting of society in general, isn't it. I mean, really,
I mean we're doing a bad job because I'm thinking, as a white
person, well, this isn't going on still, right, I mean,
there's no one targeting blacks. But that's not what the black community thinks.
In fact, listen to this. Fifty five percent, fifty five percent of
the black adults surveyed believe that medical researchers are experimenting on black people without their
knowledge or consent. That sounds like a movie, remember the movie Get Out.
That's what that sounds like. The government encourages single motherhood among black women
on purpose. What are you kidding me? Fifty five percent believe that,
and half half of black adults believe that the government is promoting birth control and
abortion to hold back the black population. Now get this, So they're actually
saying, you know, the progress I mean, I guess it's a progressive
government is promoting birth control as health and abortion as health in order to keep
black popular small. This is a crazy survey, truly is. It was
done by the Pew Research Institute. I mean, this is not like some
shlock organization three three seven one three eight two five five. Anyway, Meanwhile,
I want Dan mackenzie, we have a question for you on informal probate.
I think you mentioned it earlier. Is that what you were mentioning this
person's asking about informal probate is that for is what they really mean to is
small probate? Is that what they're saying? No, No, there's a
smallest state affidavits for small Okay, smallest state affidavit ifs are under eighty two
grand right, yeah, and when you don't have real estate, right,
Okay, you can do a smallest state affidavit and have things. So when
you do a smallest state Affidavid, Does that happen with a personal representative?
Yeah. Usually one of the things you have to explain in the smallest state
affidavit is why you're the right person to be coming and getting the stuff that
you're collecting, And does there have to be a will shown? No?
Okay, Then what's informal? What is it? What do they mean by
anything in probate. Once probate is necessary, you've got two options. One
is formal and one is informal, And most people are informal just because if
it's not contested, we're not really expecting any creditor issues. This estate seems
to be we either have an original will or no will, Like there's not
really anything that's obviously going to be fought about. We use the informal process,
and that usually is just the personal representative files the petition, they get
appointed. They're going out there and doing stuff without much court approval or court
oversight. I should say, the beneficiaries and creditors can still complain, they
can still ask for hearings, but it's called informal, Yeah, because the
court's not really having hearings unless asked. Okay. In a formal process,
hearings get scheduled proactively, and when we do think there might be issues.
So if somebody is going to contest the appointment of the personal representative, any
of the issues I just mentioned are there, like creditor issues or can fighting
over stuff, you would file the formal process and actually schedule hearings. Okay,
we got more coming right up. All right, and I'm telling you
that this Thursday night. If you want to learn about retirement, retirement planning
and income through retirement, Medicare, social Security, reverse loans, and things
dealing with people as they age, and security in retirement and income and financial
instruments, it's at six point thirty Denver TTC. But here's what I'd like
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is somebody wants to know about a Toyota Co Tacoma twenty twenty three. They
say I can go ten thousand miles between oil changes. My experts say,
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no matter what vehicle you have. So anyway, we are done for
today and I want to say thank you for joining us. Dan mackenzie.
Here's where you get in touch with Dan for estate planning purposes, facing probate
or trying to avoid probate. Eight three three co plans eight three three co
plans. Now remember this, folks. You can go three all through Martino
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