Yeah, ripped up news. You need advice? Who you don't have?
Come running just as as you can. Shooter's gonna help. Come man,
This is the Troubleshooter Show. No Tom Martino, Hi, Tom Martino here,
Welcome to the show. How are you doing? We got Dan Mackenzie
with us. A state law that's always a popular topic for texting. If
you want a text, or you can call, and of course you don't.
Texting is five seven seventh three nine, And of course we don't limit
to one topic ever, but this is really important stuff I wanted to ask
him about. He's a state planning, he's an attorney. What isn't a
state plan When do you need one? When do you not need one?
Meanwhile, I want to talk to you about your problems, questions and complaints.
So let's get to the phone and talk now. When you're not here,
or when you don't call here directly, you can call three oh three
Martino three oh three six two seven eight four sixty six and we'll call you
back like we did. James, James, what's going on with you?
James? What's happening? Hey? I just uh, I've got a little
problem. It's not a big problem. But uh, I just can't understand
this. I uh, I needed to get a shuttle service from the airport,
Denver Airport. Yeah, ran like and I booked it on November twenty
first of last year. And I would wait a minute, you when you
booked it November of last year? When was When was it for? How
much in advance? Did you do it? That was it? I was,
That's what I booked. It was November twenty first, and I,
oh, for November twenty first, I mean, you did it immediately.
I got picked up, got picked up on the sixth of March. That
was the I was supposed to be picked up at the Denver Airport on the
sixth of March and driven to shuttles through Grand Lake, which was fine.
And I also at the same time that I had so James, you called
in November for a pick up in a March, right, that's correct?
Got it? So then then I I in two weeks I wanted to be
picked up back in Grand Lake and taken back to the airport, and they
agreed to that and I paid one hundred and sixty six dollars one way,
and then another one hundred and sixty six dollars I paid in advance. So
anyway, when I did get picked up on March sixth at about till I
think it was eleven o'clock, and that worked out great, drove me to
uh selld me to Grand Lake. Well, I was all done with what
I needed to do in Grand Lake, and I just called the day before,
on the nineteen to just check to see if you know, they were
going to be there at noon the next day. And the lady on the
phone says, oh, you know, We're sorry, we can't pick you
up. It's too car It says, excuse me, I'm I supposed to
get to the airport. No wait a minute, they never let you know
that. Had you not called just to check, you would have never known
exactly what the hell is that all about. I mean, you know,
listen, I used to have this fear all the time about everything. In
fact, when Uber and Lyft first started, I couldn't believe people got up
in the morning and they had to go to the airport right and without making
any prior arrangements, like about an hour before or whatever they needed to go,
or that they would they would they would just go on their phone.
I thought, what if somebody's not there. And I don't know if that's
ever happened to anyone with Uber or lyft, So I always found that extraordinary,
let alone making an advanced registration reservations. Now, when you told the
driver I need a ride back to the airport tomorrow, did he write it
down? It was in two weeks? It was in two weeks. Oh,
two weeks, okay? Basically yeah, yeah, And this was the
twentieth of March. So anyway, here's here's the deal. So wait a
minute, did did they write it down? Did you or did you call
a number? Or did you tell the driver? Oh? No, no,
I had this all confirmed. I have it in writing that it's all
confirmed. That okay, And in two and you did this. You did
this basically two weeks in advance, and the night before you find out they
can't make it. Yeah, they just said, uh, yeah, we
can't. We're just too far. I said, excuse me, I am
a flund at five o'clock. And had they ever called you or left a
message or texted you or anything? Nothing? Gray? So what's going on?
Now? What about I need to talk to a supervisor. And she
says, let me check my supervisor She comes back about five minutes later and
says, no, I'm sorry, you can't go to the eirport. We
we're just not picking you up. I says, wait a minute, I
already paid for this. What am I supposed to do? Oh? You
know what, we do have another service. It's a private service, which
we could hook you up with. I said, well, how much is
that? They said it's five ninety nine and I said, okay, five
That was more than the flight, wasn't it. Yeah, anyway, what
happened? What happened? Did you take the private service? Yes? I
had to take the private services because well, you know what I would do.
I swear to God what I would do is I take those guys to
small claims court and use your verification by email as proof that they screwed you.
So anyway, I left. I sent him a letter about four weeks
ago, just as I came back, I said him a nice letter,
just saying, you know this was not right. You You basically owe me
four hundred and thirty three dollars because I get it this. Yeah, yeah,
I'm your in agreement with you if you truly had a confirmation and they
did not let you know in advance that they couldn't do it, And what
happened? What do they say? Are they agreeing to pay you back or
what? No, they're not even no responding. I called them. They
won't answer. They just all right, well, we're gonna call them.
What's the name of the play the shuttle. It's called Grand Mountain Rides.
It's enough easier. Wait a minute, Wait a minute, they're in.
They're located in the mountains. And they said it was too far. Yeah,
okay, advertised they advertised that they go to Grand Lake. Shoot,
wait a minute, and you can't. No, I would never let this
go if you truly have Do you truly have a confirmation number for the ride
back? Yeah? I should have it somewhere here. I've got all the
time. Did they just plan on not showing up? What they knew you
were booked, but they just planned on not showing up? Or do they
not even acknowledge you booked it? No, they acknowledged that I booked it,
but they said they just couldn't make it because it's just too far.
That was the excuse. And even the supervisors said, nah, we're not
gonna we can't pick you up. So I was I was did you ask,
did you ask why they didn't bother to tell you? I was so
distraught at that time that you know, I was just going to another question,
another question, another question. Have you ever heard of uber or Lyft?
They don't have it there. They don't have anything like that in Grand
Lake. There's no one around up there. The only other shuttle services is
Home James and they do mostly winter park that company in March. In March,
they just don't go all the way to granted because there's no Kachina.
Who do we have that can do what happened? I'm hearing static. Hello,
that's coming from Oh. Mark's trying to get in. Mark. I
don't know why we can't hear you, bro, We just heard static.
Let's this is a Mark would take you to small would take these this shuttle
place to small claims court, using that verification as proof he had a contract
and they breached it and it cost you money and all that. And we
can do that separately. But I want to Kachina, who do we have.
Let's give it to a deputy to work on. I just need to
mark down who we're going to give it to. Sure we could do Deputy
Dollar or we can also do Deputy bo. You know what I want to
do, Deputy shop I no, no, no, okay, I want
to do our newest deputy coming in tomorrow. I want you to save it
for her, okay, because she kicks butt and I want to And we
haven't come up with a name yet for her, So what do we do?
Her name is Genie but depid huh Deputy xx y xx because she's a
female. Oh fun? Oh, that's fun. All that is in our
first female FIRSTX correct? Oh man, we can come up with something like
that. That's pretty cool. We got more coming to listen, James,
you're gonna be in good hands. Man. We're gonna see what we can
do with this one three zero three seven to one to three. Talk now,
Diane wants to talk about an issue with DraftKings sports app coming up.
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think you're his only customer when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three oh three nine two zero sixteen
twenty two. Hi Tom Martino, your troubleshooter three oh three seven one three
talk three oh three seven one three eight two five five Diane, what's happening
with you? And Draft Kings? Hey? Tom, Thanks, I'm actually
calling for my daughter in law. But they placed a bet on Draftking sportsbook
in December of twenty three and it won and Draftking it was like thirteen hundred
and seventy dollars that they won, and Draftking denied how much total? I'm
sorry, how much total? Thirteen hundred and seventy dollars okay, and Draftking
has denied to pay it to them because they said that they don't believe that
it was them that placed the bet. So my daughter in law has sent
like her driver's like, well, what does that mean they don't believe it?
What do they mean they don't believe that their identity is correct? They're
not paying them because they don't believe they're the person that is on the account.
Basically, you got to well give us a little more than that.
What the hell does that mean? Are they saying that they didn't give a
social Security number? Or they they made the bet while they were at a
state. They've got to be giving more infos and Mark, here's Mark.
There's something else too. Even if they don't believe those people belong to that
account, why don't they just don't they just pay the account and then then
you worry about getting access to it. In other words, isn't that how
they do it? Don't they just pay the account? Don't you have an
account balance? And if they have access, it's going to be attached to
a social Security number. The bet had to be made in the right state.
I mean, that's what I'm saying. There's more to this than they're
simply saying, Hey, we don't think it was you. That doesn't make
any sense. What else are they saying? Well, I'm, like I
said, calling for my daughter in law. But I did. I did
find out from them that she has since such submitted like her social Security number,
her birth certificate, or driver's license picture of her to show that it's
her account that the bet was placed on. But they just refused to make
pay the payment out so long to prove see, that's not even they don't
even see. This is what I'm confused about. They just pay the account.
I don't know what you're saying, Tom. They pay if you win
the bet, you get it. You have to own the account, you
know. But they but where do you mark if you win the bet?
Where do you get paid? Where? They put it in your account?
That's right, that's right, and you can transfer it to your No,
I'm talking about don't they have online accounts for in other words, they don't
have an account on draft Kings. Then, yeah, they do have an
account with DraftKings. Yeah, so use your name password just right you would
with Netflix. So when you go on that account, there's no money taking
in and out of that account. Yeah, you make a deposit and then
that's the money you bet. If you win, it goes into your account.
When it's in your account, you can cash out into your bet.
Now that's okay. So then what difference does it make who has access to
that? That's up to that account holder. So in other words, why
don't they make good on the bet to begin with and then let the account
holder worry about whether Diane's daughter in law is going to get some money or
not. First of all, the irs reporting is very very important under any
legal online gaming. So if they did not give a correct social Security number
or something along that line, they're never going to pay it because they're not
allowed to pay it. You mean, if they believe the original account was
set up fraudulently, Yeah, exactly, something along that. That's what I'm
saying. There's more to this or the other part is if the bet was
placed out of state, and they don't think these people actually place the bet
well in Colorado, I don't think that would be the situation. But bottom
line is they are not getting paid for this thirteen hundred dollars and why that's
what we keep asking you. What are they saying? They have to have
a specific They're saying that she's not the correct owner on the account. And
okay, okay, don what well, I don't know what Diane? Whose
account is it? Diane, we're trying to help. Okay, now if
it's her account. What I'm asking this is do they if she goes on
that account, not talks to DraftKings, but goes on that account, can
she to this day? Can she place bets or have they suspended the account?
I don't know if they've gone on to place one since then because they
got paid for this. See, that's what I need to know, because
where what you're telling us is incomplete, we need and you can call us
back, but we need to know this first, or have your daughter in
law call. We do have people that we can help, I mean,
then can possibly help. But here's what we need to know. Is this
account still active or have they suspended the account? If they suspended the account,
that makes more sense than just not paying. Because for example, if
I had an ACCH that was going into my account, a bank account,
the bank doesn't care who I am. They're only worried about putting the ACH
in my account. Then if I have access to that account, I can
get the money. They don't tell me, Well, you can't have that
money because that's up to me and that account holder. If it's me,
fine, If it's my wife, fine. But that's the part we don't
understand. Are they not paying because they're saying the entire account is fraudulent or
are they saying something else. I mean, we need to know that because
what you're telling us makes no sense. Can she log onto the account right
now and make a bet? Can she actively use that account? If so,
then they should have paid the account. That's how they do it.
So so what you're saying isn't driving. And I'm sure your daughter in law
will be able to explain it to us, and we'd love to help.
If go at what's I'll have her call. If you have her call,
I'm gonna mark this. If she mentions you, Diane, I'm gonna mark
this that she'll be calling. Then we can get to the bottom of it.
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two zero sixteen twenty two. Hey Tom Martino, your troubleshooter three O three
seven one three talk seven one three eight two five five. What's on your
mind? How can we help you? I'm going to open this up now
a state plan. I said you could text us at five seven seven three
nine. Hey, by the way. You can call us about anything.
But one thing I do want you to do is call before it becomes a
big problem. Now, the one problem with the shuttle not showing up,
I don't have a problem if they made a reservation, confirmed it, and
then way in advance said oh, by the way, we should have never
done that. We can't do it, we can't take you. But he
said he didn't find out till the night before when he called to verify and
they said no, we're not coming. Well then they push him off to
a private service for like six hundred bucks or five hundred whatever it was.
It was terrible. Well, you can't do that. None of you had
a written authorization or confirmation. So on this sports betting thing, the sports
betting piece, people have an obligation to make sure the accounts are real because
there are people I looked up are setting up fake accounts so they can get
gambling winnings without reporting them. Now, I'm not saying that's happening here,
but they might suspect it is happening here, or worse, it could be
an excuse. That would be terrible. If a betting app is purposely not
paying off bet I doubt that though, But who regulates those betting apps is?
Because really is it where they're located? Is it? I often wondered
how they do that? How can online betting? Are they prohibited in some
states? Mark? Do you know anything about online betting? I don't.
I don't know how they leave. I mean during football season, I've definitely
placed some bets, but I know for a fact that if the Social Security
or there's any kind of strange stuff like that, they simply won't pay it.
Now. Candae is the daughter in law, and she's on the phone
right now, so I'll wait on these questions for our estate planning attorney.
Yeah, I'm dying to hear what they're telling her at So, Candice,
I'm glad we're talking directly to you. I want to ask I want to
ask a few questions. Did you how long have you How long have you
had this account with draftings? I've heard it since twenty twenty two, so
about two years. And you never had a problem before this? No,
I actually did in twenty twenty two. I had this same problem. How
did you work it out? So? I everything that I've tried to done
so the first time I had to send in they wanted my social they wanted
a picture of my ID. They wanted a picture of me with my ID.
In twenty twenty two, that's all I had to do. But recently,
when I it's like thirty, they were cashing me out two hours prior
and then all of a sudden they put my account on hold. I said,
I needed to prove my identity. No, Candice, help me out
here. Just wait a second. When you said they were cashing you out.
Under normal circumstances, when you place a bet and you win, doesn't
the money automatically go into some online account with them or not. So yeah,
it it goes back onto your betting account, and then you can go
in and you can cash it out into your bank account. That's okay,
that's what I thought. So what I want to ask is can you get
into your account right now and make a bet? No? Okay, that's
what I thought. So they suspended your account. Yes, okay. Why
do you think they do this? It's because they think fraud is going on.
I think that's what it is. They just keep asking me to prove
my identity. So I send it a picture of me and my ID,
my ID, my social I've even sent them baked statements proving that this is
my bank, this is where the money came out of. I don't,
And it's just it. I always just get the same reply where they want
me to send it again, or they'll want and tell them the last time
this happened to you, The last time it happened to you, Was it
specifically with a bigger bet that you won or was it a smaller one?
What was it? It was a smaller bet the first time? Really?
And then how many bets since the first time before they asked for ID again
this second time? How many bets in between? Problem? Fifty? And
you never had a problem. No, I never had a problem until that.
It's like thirteen sixty eight. I think that they won't let me cash
out, and I've tried to contact my bank to go like around it.
I've tried to contact them, I've sent them every piece of information that I
possibly can to prove my identity, and they just keep blowing me off.
Well are they not communicating at all anymore? Oh? No, they're not
at all anymore. And this has been going on for about six months now.
And there's also no actual way to talk to a physical person it's just
an automated email response. Man, this is frustrating as hell. Wow,
yeah, where are they located? Do you know? I have no idea.
I bet if we googled it we might be able to find out.
Okay, I was just curious. So you don't have a person or a
number we could call. No, And when you go on the Draft Kings
app and like push contacts us, it only sends you their email, and
that email only responds with an automated response. And you have never won the
last time around you did this. You never talked to anyone. Nope,
I never talked to anybody. The only the only betting site I've ever been
able to talk to somebody on is sports Set. You know. That's that's
kind of weird. I mean, you know, but this is the trend
nowadays. So did you call eight seven seven? This is what I looked
this up. Did you call eight seven seven four three five? Well,
actually it spells out something eight seven seven four the number four Draft Kings.
Have you done that? Yes? I have? And when you call there,
what do you get? You get an automated like response system that tells
you to contact the email address. Did you so? You wrote support at
draft kings dot com. Yes, and you got nothing. And then I
get an automated response that says, we need your account has been suspended.
We need to prove your identity. Please send in the following information, a
bank statement for this month, a picture with you and your and your state
ID, and a copy of your Social Security cards. And you did all
of that, and I've multiple times I have done all of that. Wow,
Wow, Mark, what would you do? I'd probably take them to
court. But I still think we're missing something. I don't know what is
the bank account you're trying to transfer into. Is that in your name?
Yes, my name and my name only. It's not a shared account with
my husband. It's only mine. Is it located in Boston? That money
still in the account? Yes, the money is still sitting in my draft
Kings account. I just can't do I can't place the bet with it.
I can't pull it. You just can you log on right now to your
your account? Yes? And when you log on, you can't do anything.
I can't do anything. I can just see like their basic loading page.
When you log in, it'll give you like a home screen. I
can see that. But if I try to make a bet or hit withdraw.
It'll tell me accounts suspended. Please contact draft Kings at draft King Support
a draft King dot z ndsk dot com. Okay, I don't, Mark,
I think, honest to god, you would do small planes court.
But I wonder if they don't have an agent or do have an agent?
Oh, I'm sure they do. I would think so for sure, Yes
they do. Let's see, I'm looking it up on the state. Okay,
Listen, they have to have one due to the registration in Colorado from
the Gaming Control Commission. So you need to look up their registered agent at
the Secretary of State's office. Do you know how to do that and what
you do? Let me explain what you can do. You can just take
in the small claims court for breach of contract for the money. I mean,
you have all of the copies you send to them, you have the
string of emails. I think you have everything you have, and I don't
think I think if anything that will get their attention. You know, when
Mark first started doing sport, you know, I did small claims court for
all kinds of little stuff, but I never thought of a big corporation,
right, So Mark did this. I forget the first time he did the
big corporation, but he found the registered agent. And in every single case,
I believe Mark, they called to settle in every single case, right,
everyone, every single one, and he found magic. So what we're
telling you is not to put you off if you listed, right, I
just found him on the Secretary of State. I mean they're good. I
was looking it up too, so thanks. Just so you who is the
registered agent. It's CT Corporation. I've served those guys ten times. Easy.
That's a professional registered agent. Yeah, exactly. I mean this one's
a slam dunk man. The abandon I don't know is the I don't know
how like if anyway the Gaming Commission it's involved in this. But I don't
think it matters if you can't call up and talk to him. This will
at least get you a conversation, no doubt. That's right. That's right,
Okay, I'm I go about looking at that is it? Just like
easy on Google? Just give her mark, do you have the enuugh that
the address and the name you can just give you just now. All you
do is google Colorado Space so os and then you go to the Secretary of
State's website. It'll be the first up and then you hit find a business,
and then you type in DraftKings and you'll see DraftKings Inc. Okay,
and then you look for the and then it'll have the name of the registered
agent. Now that many of these companies have registered agents that are professional registered
agents for many companies, but you can still serve them. Do I owe
you a brake? Shanon? Am I late? Okay? More? Coming
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You'll think you're his only customer when you choose Frame durand the real estate Man
dot com to list your home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino here three oh three seven one three Talk
Deputy Doc. You have a comment on candace situation. What is it she
has to do? Tom is called the Colorado Gaming Commission. They are like
bulldogs they will go after the DraftKings, and if they put me a license
to Colorado, I guarantee that she will get action very quickly. Really,
hey, Candace, did you hear that the uh Colorado Gaming Commission? Did
you put a commitment? Is she still on, by the way or not?
Is she all right? Maybe she's still listening or we're gonna tell her?
Thanks Doc? Have you really they do listen to complaints? Oh?
Absolutely, I mean even minor complaints from like from the casinos, they investigated
pretty quickly. They're very, very conservative when it comes to following all the
rules. Thank you, doc. That's deputy Doc. And I don't know.
I think he's gambles now. And then hey, Steve, you have
an HOA issue? What's going on? Did he just get disconnected there?
He's not on? Okay, So we're going to come back with our state
planning attorney with questions like what do you do when you inherit a bunch of
stock accounts? Do you liquidate? How do you liquidate? Where the tax
is paid? How are they paid? Also, somebody wants to know about
airs. Are they automatically equal if not specified? Or can they be spified?
Hmmm? That and more coming up on the Troubleshooter Show. I'm Tom
Martino. Get your calls in three oh three seven one three talk. Go
with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay
a cent until you're content. Time for an insurance check up free, no
obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies
find out now three oh three seven seven to one help. You'll think you're
his only customer when you choose Frank durand the real estate Man dot com to
list your home with Remax Alliance three oh three nine two zero sixteen twenty two
rift need So you don't have a cam's gonna help? Come man, this
is the Troubleshooter Show. No Tom Martine. Hey, I'm Tom Martino.
Welcome to the show. Three oh three seven one three talk seven one three
eight two five five. So a very interesting question we got for our estate
planning attorney, Dan Mackenzie. Then I'll go to the phones. Our number
three oh three Martino, by the way, is a good number because if
you don't get right through, and you probably will. While we're on the
air. If you don't though, if it's after the show or at night,
we will call you back. Our promise to you really three oh three
six two seven eight four sixty six. We believe in access now. Dan
McKenzie attorney at lawn my referral list refer list dot com. He does estate
planning and all of those issues. And this is a very interesting question when
it comes to airs. Is it assumed they all are equal if not mentioned
in the will? Like that's that's a very interesting topic. Like for example,
a house, are they equal? Uh? Stock account? Are they
equal? Bank accounts? Are they equal? Whatever they're on? Are they
equal? Yeah? Yes, yeah. If it's not stated, then yes,
it will be assumed equal shares yeap, So we can add you know,
you can own a house as tenants in common. So that's like you
each owned separate shares that house. If you can specify in the deed,
this parents known seventy, this person owns thirty. But if you don't say
anything, it's going to be assumed that's fifty to fifty. But you can
dole out percentages. That's interesting, you can, but then you don't own
it jointly anymore, meaning that if one of you passes away. No,
no, I don't mean you and your wife, I mean your heirs.
Can you say this person gets this air gets thirty percent, this air gets
seventy percent. And we're talking about a specific asset, yes, like a
house or a car or a piece of art. Can you dole out percentages?
Yeah? Yes, but the result will be a tenants in common ownership.
So again, that just means you all own separate shares, and that's
probably what you want frankly, but yes, you could do it. Okay,
So what is the fault? The estate is in a lump sum and
everybody divides it up? Yeah? Usually, I mean most, I mean
like the intestate laws are certainly very vague about that. Most estate plans are
kind of like, here's the percentage of the overall estate that we're giving it
people. Usually it's equal. And we've had cases where they will inherit a
house some siblings, right, yeah, two of them want to sell,
two of them don't like it. Can you specify in a will? And
maybe people should? And I don't know how you handle this. How do
you handle that? Should they specify not only the asset but what to be
done with it? You gotta be really careful with specific gifts. I tell
people like, it's nice to have specificity because it lowers the chance you're going
to argue over who gets the right house. That On the other hand,
you have stuff like this where it's like unintended consequences where exactly what you just
say, so so is it? Then? Can you say the house will
be dealt with in this way? Possibly? I mean, you know,
there's there's limits. It's to you know, what's going to happen is probably
one of the people who wants to sell, for example, it's going to
go on the court and ask for it to partition it. And then it's
that's basically a force because here's why. We had one case where a guy
specified that he wanted this house a vacation home kept in the family and and
and three of the kids said yea, well that's cool, and the other
one says no, yeah, I mean I want to be bought out.
I mean, can you actually can someone deceased actually dictate that? Now?
I mean, that's what trust planning is for. And then you've got to
have some mechanism in there to cover all the HOA fees and taxes and insurance.
I mean, is this kid gonna It's not that easy to control an
asset after death. You got to be very careful about that. Yeah,
because all that stuff I just mentioned, and you could be hoodwinking someone or
should I say, straddling them with an obligation. Yeah, and we're not
going to do that, right, Yeah, so that kid's not course to
bail that. Let's say there is a provision in a trust or in a
will. Can the majority or all errors if they're in unison, if they're
in agreement, can they have it changed even though the deceased wanted this.
Can they say, listen, we're the errors. We don't want to keep
the house. We all want to sell it. There is a mechanism for
a private agreement among errors and beneficiaries where that can supersed or not. Well,
yeah, it is a supersede supersession of the decedent's request. No,
yes, but you'll have to look and see because there might be future beneficiaries
we're going to lose out on likeationing got in this house too, right,
so they might have to sign. So it's tricky. Oh wow, that's
why you have a a three to three seal plan. Steve, let's talk
man about this HOA. What's going on? So the hailstorm that happened in
Aurora last summer, Yeah, significant damage to the condo that I live in.
Yeah, and there's three other units that are attached to this one building
that we all live in. So is it a townhom or a condo?
So there's three town homes and then the condo sits on top of the car
port that I live in. Oh but okay, but they're all condominiumized,
meaning it's one building with four units. Correct. Okay? Now was that
the only building in this whole subdivision? Or are there several buildings like that?
There are several buildings and they'll receive damage, okay, and and there
and okay, got it? So now what's going on? So now the
HA is wanting to replace the roofs and prepare them. Sure, and there's
a nine thousand dollars deductible for each owner of each unit. Well, it's
either a deductible or it's an appraise. Accuse me, it's an assessment.
It really doesn't matter what they call it. But you what they're saying is
insurance won't cover that amount. Correct. Okay, So then what so then
I reported that to my insurance. Right, they say that I have an
outdated plan. You do not have what they call you do not have loss
assessment. Do you know what loss assessment coverage is? I'm sorry kind of
say that anything. They say you have an old plan, which probably means
you don't have lost damage assessment. Loss damage assessment is very simply this.
It covers you for assessments for insurance losses only, by the way, not
just it Like if there's an assessment to fix the pool or the parking lot
or anything like that, or landscaping, it won't cover it. But if
there's an insurance loss, they do have certain coverages that go up to a
certain amount depending on the policy. You can get a policy that covers pretty
damn big assessments, or you can get a policy that caps off at two
grand, so you don't have that. The bottom line, though you don't
have that coverage. Is that correct, Steve? And so this is where
it gets confusing, because they said that I do have loss assessment, but
not because it's under the deductible for an Okay, hold on, hold on,
we got to talk about that. Let's get compass insurance on here's what
I think they're saying. Some I believe. Now we're going to ask We're
going to ask Compass unless Mark you remember this. I don't know, but
we talked about this once before, and that is lost damage assessments will cover
certain assessments but not necessarily deductibles, or they covered deductibles but not shortages.
I don't know something like that. I'm going to have to get our insurance
expert at Compass Insurance Group on and by the way, we'll have them on.
They do that insurance checkup. So hold on, let's get Compass on
Kachina and see what we can do for that. Steve, this is important,
so we'll get you an answer for this. Three zero three seven to
one three talks seven one, three, eight two five five. We also
have McKenzie law Dan McKenzie, and we were talking about airs and some of
the One of the reasons you would want a trust rather than a simple will
because you can have more specificity and terms and conditions. But I want to
ask them another way. I heard about doing it, and it might be
a tricky way, but I don't know. Uh. Someone once said,
well, my dad put things in an LLC and the ownership was left to
the kids in certain percentages. We'll talk about that and more coming up on
the Troubleshooter Show. Go with a sure thing Denver's Best roofer Excel Roofing dot
com. You don't pay a cent until you're contents. Time for an insurance
check up free no obligation comparison call Compass Insurance paying too much your coverage at
dozens of insurance companies find out now three oh three seven to seven to one.
Help. You'll think you're his only customer when you choose Frank durand the
real estate Man dot com to list your home with Remax Alliance three oh three
nine two zero sixteen twenty two. Hey, I'm Tom Martino. You're Troubleshooter
three oh three seven one three talk seven one three eight two five to five.
I have Jeremy Terzio with us from the Insurance Health Center. Are actually
Compass Insurance group. We call it the Insurance Health Center dot com because what
they do is the insurance comparisons to make sure you're not paying too much,
to make sure you're not under insured, or to make sure you're not over
insured, you know, just to make sure it fits you, and again
that's free of charge at three oh three nine nine six nine thousand. Jeremy,
Now listen, Jeremy. This guy says that he has an older policy
he was slapped with an assessment. But there's a weird difference here. He
is saying that his assessment coverage that he has will not cover what is it?
Steve? Explain that it will cover something but not the deductible? Is
that what you said, Steve? Are you there, Steve? Yes,
I'm here. Go ahead. So the way I understand is that it will
not cover the deductible for the insurance claim through the age away. But what
will it cover? What will it cover? I didn't okay, Jeremy is
there, Jeremy, can you so if you have loss assessment coverage and tell
me the limitations or exclusions under that? Sure? Well, there are so
none of our companies do this, but there are a few companies out there
that will not pay the loss assessment if it's purely to share in the master
hoas deductible, which is really silly because that's ninety nine percent of what you're
going to get assessed for it, And what will they cover? Then?
I don't understand if they won't cover the deductible portion. What will they cover
in those circumstances. You're correct, because you're all loss assessment policies or coverage
is only going to cover damage from a covered peril, so hail wind fire,
right. You know, if you get a notice in the mail and
says, hey, we're getting a new clubhouse and you get an assessment,
your your insurance isn't going to cover that, just like if you were going
to do something and upgrade to your own home. So that's just it.
It's always going to be something that comes from a cover insurance claim, which
is what the HOA policy's covering because they're ensuring all the shared common own property
and then they assess that deductible. So, I mean, the only example
would be if there was damage, let's say at Hell damage and the HOA
decided it wasn't enough damage to file with their master HOA policy. They were
just assessing the damage amounts. So it's a useless coverage base. It's a
useless coverage if you don't have it cover the deductible correct. Yeah, And
we at one point had a couple companies that tried to go to that limitation,
but they backed off of it. But yeah, you need to make
sure that your HO six policies loss assessment covers hoa deductible share. Hey,
Steve, who is your carrier? Your insurance carrier, not your agent,
the carrier that it's all state? Well okay, enough said. So you
now are stuck with nine thousand dollars in assessments because it's a deductible and and
like you said, Jeremy, there are very few circumstances when the shortfall.
I mean, what else would it have done? I mean, it's always
going to be deductible, isn't it. I mean, what else unless,
like you said, they decided to self ensure, right, so, but
everything else for it to be covered at all, it has to be a
covered pail from the pome. Well we yeah, I understand that. Like
if they want to pave the parking lot and they assess you, right,
that's not going to be covered. Now I have a weird question, Jeremy,
do they ever have a deductible of the deductible So if you have lost
assessment coverage and it goes up to like you know, and it's for it's
for everything, you know, everything peril related. And let's say you're assessed
ten grand, can your insurance company make you pay a deductible of the deductible?
Yeah, you have a deductible on the loss assessment because they're not look
I mean whether it's a shared deductible or not, and most times it's going
to be you have to look at it from this is the insurance loss.
If you have an HO six, the unit owner's loss is whatever their assessment
is. So you have a ten thousand dollars loss assessment, you're still going
to have your deductible that goes into play for that, but you're only paying
that one deductible because obviously the HOA is collecting this money to pay that they're
deductible. Does it surprise you that all state doesn't cover deductibles. There's been
a lot of back and forth with insurance, the HO six policy, these
and these master policies with that or the hoas I should say, And to
me, what's surprising is that companies just don't charge what they need to charge
for the risk. You know, if you start putting in we're not going
to cover for this scenario when it's so likely that's going to be the scenario,
it just it causes those types of problems. I'd rather see companies just
charge appropriately for what the real risk is and not have people have to go
to that level to try and figure out Yeah, exactly, not have them
surprised when they need it right right, Okay, by the way, thank
you, And they do the insurance check up at three h three nine nine
to six, nine thousand and Steve Man, this is going to be a
real hardship. Did they give you a payment plan of any kind? I
have six months? Could they? Well, then I would change my policy
if iru. Yeah, I'm definitely going to find a new insurance altogether.
Yeah, and I suggest you call Compass seriously. They can hook you up.
They're a broker. They represent like twenty five twenty six companies, and
I'm sure they're going to find one. Definitely, get away from All State.
Man three oh three seven to one three talk Okay, Now I want
to talk to Dan McKenzie, attorney at law. I'm going to go back
to our wide shot here. We were talking about leaving a home, or
leaving an asset, leaving art, leaving and you know, and they all
have presumably an equal share unless you dole out percentages that can get messy.
But what about and he said, if you had a trust, it's easier
to do. And with a trust you can also dictate terms and conditions.
What about people who believe that in LLC, for example, they put something
whatever it is, an asset into an LLC, and when they leave that
asset, they're actually leaving the l the LLC that owns the asset. Is
that a way of doing it, and then that LLC can be run by
the airs. Yeah, it's a really great solution actually, because the problem
with trust is that there's a trustee in charge and the parties might change over
time because kids start growing up and they become interested in the property as well.
An LLC lets you specify, you create an operating agreement. You say,
here's who has the membership of interest. Here who has the right to
make major decisions and minor decisions about the property. Here's how you buy someone
out if they want to get out. You know all the stuff about it.
But if you had the home liter a home for example, in an
LLC, and they were current owners of the LLC before passing, they don't
get the stepped up basis, then you would get the stepped up basis in
the LLC. The LLC would get the stepped up the because that becomes the
entity. Correct, so the members would enjoy that stepped up basis. Oh,
very interesting. Now we had another question on stepped up basis and for
those listening, what is a stepped up basis? Well, it's to minimize
tax. Really, what it's saying is this, if somebody bought something at
one hundred dollars and sold it at one thousand dollars because it increased in value,
that have a nine hundred dollars gain right absence of any exclusions. Now,
but if that one hundred dollars thing you bought was left at death,
some items get a stepped up basis, meaning the day of death it was
worth a thousand, not one hundred anymore. So the errors get it at
a thousand dollars. That doesn't mean they claim a thousand, It just means
that's what their asset is worth. So now if they sell it for a
thousand because that's the current value, they don't have a gain. Okay,
what do you enjoy with stepped up basis? Is it only a residence or
do cars do? What gets a stepped up basis? Yeah? Really,
any stocks. Everything is valued on the day of death, correct, So
for stocks that could be upboard down, Yes, you can have a capital
loss. The same with cars would be down most likely unless it was a
collectible. Yeah, usually don't kick capital gainsing cars right right of course.
So in essence, then you don't inherit the basis of anything or are there
certain assets where you would inherit a basis if something was done like putting it
into a eurovocal trust of some sort to evade a state tax, then you
can still you can lose that basis step up. So there are certain thing
and you can lose it if you quit claimed it to somebody, if you
quit claim it during lifetime, that's possibly a lifetime gift and it depends on
your intent, but you probably will lose the basis. See, this is
all very very interesting. Yeah, and I love you're the first one actually
that brought up that LLC idea. It's a cool idea, I mean,
it really is. I'm surprised more people don't do it now. Obviously it
doesn't take the place of a trust. So I'd like to go over when
you would definitely want to trust When could you get away with an LLC three
oh three seven one three eight two five five. Go with a sure thing
Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're
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out now three oh three seven to seven to one help. You'll think you're
his only customer when you choose Frank Durand the real estate Man dot com to
list your home with Remax Alliance three oh three nine two zero sixteen twenty two.
Hi, Tom Martino, your troubleshooter three oz three seven one three talk
seven one three eight two five five. Let's talk to Heather, who wants
to talk about a car issue. Buying a car mile high Honda? Was
this new or used? Heather? I purchased a new vehicle, a twenty
new When did you buy it last Monday? A week ago? Today?
Bought a new vehicle? Okay, well that should be a happy time.
What did you buy exactly? It should be a happy time. I bought
twenty twenty four Honda Civic Sport Touring. They're wonderful. Wait a minute,
you bought a new twenty twenty four. You bought a Honda. Where did
you buy it? I am so sad to say mile high Honda? Now
what went What the hell went wrong? I means so far, like I
said, Okay, what went wrong? What's going on? Well? I
think the finance guy was, you know, kind of misleading. While he
was misleading, he told me that I've only seen two people come in here
with the last and within the last month to get the deal that I was
getting. It was supposed to be like a six year warranty contract for like
under one thousand dollars, like six years maintenance free if my rooms got scratched.
Oh you know, these they're called FNI guys, Finance and Insurance.
The FNI people, they're usually liars. Oh he was, he's a big
time Let me tell you something. It's called let me tell you what this
is called packing a deal. Okay, Now, now let me explain something.
Unless you're packing for insurance for vacation, that the packing is never a
good idea. And what that means. It happens in real estate, it
happens all over. Packing a deal means adding stuff in and I'm telling you
I met a person one time that had their deal packed thousand dollars. But
the good news is, when did you buy this last Monday? You can
get it. You can get that stuff removed. Well, he removed like
like four thousand dollars worth of stuff, but he wouldn't remove the gap,
and he wouldn't remove the windshield coverage, which well, no, well that's
too bad. Well no, no, no, because you didn't ask,
You didn't ask forcefully enough. Well, they're being horrible. I went in
person the next day and the finance guy that dealt with how much there?
How much total? How much total pack did you have on the deal when
you walked out the first time? I think it was like after financing,
like fifty two. But then now I already have my phone. No,
no, I don't want to know about the finance charge. I want to
know the actual purchase. Did you trade a car? And I did,
And that's what I'm waiting for. They're telling me, I got an email
this morning. I'm waiting for a sixteen dollars check for a twenty nineteen Honda
Civic Sport that I traded. Listen, I can't. I can't even imagine
how screwed you were in this deal, because especially look if you trade in
a car, and did you owe on that trade four hundred and nine dollars.
Yes, that's what you owed on it, right, Yes, So
what you should see clearly on your buy order, Heather, is first the
purchase price of the car you're buying. Second, the amount allowable for your
car minus the payoff, so your net equity, and that should come off
the top. Then they should charge you sales tax after that, and then
all the packing. Is it clear or not? Well, I have my
auto, my hont of finance that I because I had my twenty nineteen through
there, so now I'm able to look it up. I put in my
vin so now I'm able to see that I owe like forty two thousand on
everything. Yeah, but that's not my question. Do you have the original
purchase agreement with what I just told you, the purchase price, the trade
and allowance and all of that. Yeah, the purchase price was thirty one
thousand, and then they brought it up. You need to send me.
You need to send me that one page purchase agreement. Do you have it
electronically? Do you have it? I do I have it on the the
FOB and I can print it. Yes, you don't have to print it,
but you can email it to us. I really want to see it,
Heather, because it's not too late to back out a lot of that
stuff. It's not I don't care what that FNI guy told you. He
lied to you. You can back out all of it. Yeah, it's
it's been a miserable thing. And then you know, get this is that
is that really what you're calling You're not calling about the product itself, you're
calling about the packing. Well, yeah, the whole deal. Plus I
wanted I had snow tires on there that I forgot about, and we also
told him the next day we went in. I was like, well I
have snow tires on there, and he's like, oh, they won't fit
anyway, he lied about that, So well hold on, but hold on.
So but what were you going to do? Put your regular tires on
the trade? Yes, because I had my all seasons at home which I
took into them, and I'm waiting for my snow tires, which they haven't
contacted me, so they have my we can we can help with that.
We can help with Yeah, they're hor and plus I need to see you
mean to take them off, and well, you know what, that's kind
of on you, that part, you know what I mean, You know
what I mean. You could have you should have been prepared for that.
But I Heather, if you let us look at that, if you let
me look at that right as soon as you can, we can talk to
you today about it, because it's not too late to do something about this.
I'm really happy you called now, as opposed to waiting a month because
then it gets more difficult. So so hold on, Kashina, have her
email us that as soon as possible that I just need the purchase agreement now.
If she has her financing, that's too. But I really want to
see the purchase agreement and forward it to Mark as well, because that's going
to tell the story on how they packed it and how bad it was,
and maybe she even was charged on the financing for credit life and disability and
all of that. I hope not. I hope not. Let's find out
right after this, go with a sure thing Denver's Best roofer excel roofing dot
com. You don't pay a cent until you're content. Time for an insurance
check up free no obligation comparison call Compass Insurance. Pay too much your coverage
at dozens of insurance companies find out now three oh three seven to seven to
one. Help. You'll think you're his only customer when you choose Frank durand
the real estate man dot com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martino here, three oh
three seven one three talk seven one three eight two five five. All right,
so Tom, you want to talk about an issue with an insurance guy.
What's going on? Tom com? I've owned a warehouse in Fort Collins
for thirty years. The last well six years I was under lease with a
cannabis grow operation. We were fully insured with an insurance company that would ensure
the cannabis grow. And now, what do you mean ensure the cannabis grow?
You mean if what does that mean? They would ensure my building knowing
that it was being used for cannabis growth. I got it, I got
it, yep, okay, okay. So their lease was technically up December
thirty one of twenty two. I was back there in November of twenty two
and didn't like what I saw and they were starting their demo for moving out.
Why didn't you like it? Why didn't you like it? The tenant
brought in a demo crew that didn't know what they were doing. They only
demoed partial of the building. And what were they supposed wait wait, wait
wait, what were they supposed to do? Return the building in as good
or better condition than received? So did they move out voluntarily or were you
evicting them or not renewing? Oh? They they were They're planned on moving
out at the end of their lease, which was December thirty one of twenty
two. Okay, when I got there in November, I planned on meeting
the backflow inspector and we found that the back building the building was frozen solid,
so the tenant wasn't maintaining the heat, and we had a bunch of
damaged water fixtures, which so wait a minute, so they were not they
were not growing so at the end, So when did this freeze happen before
the end of their lease? And they chose not to make a claim on
their insurance? Would be a which would be a covered peril. And I've
been an insurance adjuster for twenty seven years. So tom so, Tom,
you had the landlord insurance on this right, right, Plus the tenant carried
a building policy, got it? And this happened back in twenty twenty two.
You discovered all this, yes, so keep going to make a long
story short. They told me, I brought in the city. I had
a list of least non compliance items that needed to be taken care before December
thirty one. And I also brought in the city to do a walk through
to make sure that everything that was supposed to be permitted was permitted. And
the manager of the inspectors was kind enough to show up. But bro this
was back in twenty twenty two, so tell me what happened. Well,
the tenants said that they could not meet the permit violations and the least non
compliance, so they asked for an extension to March thirty one to comply.
And that's fine. So March thirty one of twenty three, I'm talking to
mic Broker ahead of time about new insurance because it's not going to be a
cannabis grow building anymore. Okay, but were you this was back? Okay,
We're going to continue this, but can you answer me yes or no?
Did they fix the building or not? Yes? Or no, no,
okay, We're going to take you up right after the break. I'm
Tom Martino plus other calls three oh three seven one to three Talk three oh
three seven one three eight two five five. Go with a sure thing Denver's
best roofer Excel Roofing dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation comparison call Compass Insurance
paying too much your coverage at dozens of insurance companies find out now three oh
three seven seven one help. You'll think you're his only customer when you choose
Frank durand the real estate Man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two ris need You don't have come
run anxious as can. Shooter's gonna help coming man. This is the Troubleshooter
Show. He know Tom Martino. Hello Tom Martino here, Welcome to the
show. Three O three seven one three Talk three oh three seven one three
eight five. What's going on in your life? We have Dan Mackenzie with
us for Mackenzie Law. We're talking about estate planning and stuff, and we
have some very interesting things to go over on structuring and uh you know what
you do with stuff your left or how do you leave stuff the proper way.
We're also going to talk to you, so give us a call three
oh three seven one three talk three oh three seven one three eight two five
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five four now eight six two five five five four. So Tom was talking
before the break about something hands of commercial building and my god, did I
have that disease one time? And he was renting to a cannabis grower and
what happened was the cannabis grower was supposed to put the building back the way
it was when he left when the least was up, but did a whole
bunch of damage to the pipes and to the place and didn't do it properly.
Is that a good summation, Tom? You were left with a mess?
Is that right? Tom? That's correct? And this leads into the
issue now that takes us to spring of twenty twenty three, so keep going.
As of December thirty one of twenty two, the tenant told me that
they will not be able to comply with the permit violations and least no.
I got it, and they asked for an extension, and that brought us
to spring of twenty twenty three. Then what right? Right? So their
deadline was March thirty one, I got it. In the meantime, since
I was switching from cannabis back to a non cannabis building, I was researching
my building insurance. My long term broker for many many years would only give
me one quote and I asked for multiple quotes, so I went to a
different broker. The different broker she wrote me up a policy with an inception
of February first of twenty three, which was before the March thirty one last
day that the tenant was to cure their defaults, and April one, I
showed up and I found the mets. What is your question? My question
is, in the fall of twenty three, I reached out to my broker
and asked for a copy of my declarations page and the broker was not in
town, and her assistant emailed it to me and I'm looking at it.
And then I replied back asking for a copy of my policy because we are
going from cannabis to non cannabis. I don't know what that means, exactly
why that matters, But okay, see got a new policy. Did you
get a look at it? I didn't get the policy, but that got
the declarations. And the reason that it matters is most companies have an exclusion
for any cannabis operation. Oh see, I didn't know that. Now that
that makes sense to me. I didn't know that, So keep going.
Then what happened? So this new broker who I just happened to find on
the internet and Fort Collins, because I now live out of state, I
reached out to her. She put together an application and all I received was
a docusigned document, and I docusigned it, turned it back in, gave
her my check, and the inception date was February one, but the tenant
had until March thirty one. No, I get it. I'm getting all
of it. I'm getting all of it. So what what are you calling
about? Now? Now? What is going on? Now? What's happening?
Man? I understand all of this. So you got new insurance non
cannabis. The tenant left you with a mess. Where do we stand now?
What's the issue today? Tom? The broker filled out the application that
the building was leased to a plumbing company for plumbing services and storage of equipment
materials. Well, let me ask you this. Did she lie about it?
Yes? Why? Well? I think she just wanted to sell the
policy and get her premium. And okay, so did you how much did
you pay in premium? Well? The first year was forty some hundred and
it went up like sixty percent this year. So why did you tell me
you didn't have any insurance loss? Did you? No? I did not,
But Mi, so what do you listen? So right now you have
not been damaged by this, But what are you calling about? I still
can't figure out what you're calling about. Well, my newsbroker falsified the application,
and my concern is looking back on my old policy or looking back on
my current policy. Right, it says that I do have coverage. If
a tenant moves out and I am making repairs to the building, it is
not deemed as being vacant. So I've been making repairs on this building back
and forth for a year now, and my concern is if I do have
a loss, I probably won't have coverage. That's right, you won't,
You won't, that's exactly right. However, there is something called the contestability
period in some insurance policies. I don't know if it covers casualty property damage.
In other words, if they did not catch mistakes they have to ensure.
We need to call again our insurance experts. So hold on, we're
going to get you an answer onto what now. Then the other question is
this, if you wouldn't be insured and they weren't covering the risk, then
you paid for nothing, which means you might have you might have an action
to get your money back because you did not get coverage even though she said
you had coverage. So there are a number of things to explore here,
all right, so hang on, hang on this that what's happened to that?
She also renewed me this past February, knowing that the building was a
second and it still lists a plumbing company in there, and I never leased
it to a plumbing company. Well, did you know erroneously reporting a plumbing
company? No. I did not cut that until I looked at my declarations
closer, because I was worried. All right, let me ask you something.
Who is this broker that you used? Where is the broker out of
poor Colin? Well, did you ever let her know that you know?
She's a phony? I reached out to her after her assistant gave me the
declarations, and I followed up with asking for a copy of my policy.
Her reply back to me by email is I took my email one hour in
the morning, one hour in the afternoon. Any questions you have needs to
go through your insurance company, not our office. Yeah, but she's the
one that filled out your policy, your dog on, right, she is?
Well that Okay, hold on, hold on, We're going to get
compass on. I need to ask them some questions, Tom, I don't
know the answer. I don't know if you're covered or not. This is
going to be a good question. Three oh three seven one three talk three
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the real estate Man dot com to list your home with Remax Alliance three all
three nine two zero sixteen twenty two. Hi Tom Martine, you're troubleshooter three
all three seven one three talk three oh three seven one three eight two five
five. Welcome to the show. Hey Tom, welcome. You know I
uh want to ask, oh we didn't where's compass? I wanted to get
compass on. Hold on, Tom, I'm gonna go to Dean until we
get compass on Kaschina, get me compass, please, Dean, what's going
on with chiffy lube? Well? Uh, January eleventh, I go after
work, get a little change. I'm headed to Nebraska and uh big when
wait? When did you get it done? January eleventh? Got it?
Keep going and I head out to Nebraska that evening and it's it was two
hundred and sixty miles that I drove. Get a motel, Wake up in
the morning, go to start my truck, twenty twenty one gmc thirty five
hundred diesel, and here at gurgling sound and all the oils pouring out of
the oil filter. So why get a tow truck? Well, it's either
loose or the tow ring. Was the service place that I had a toe
to said the o ring was pinched. When they how many miles were on
it? I have eighty one thousand miles, or had eighty one thousand miles
at that time. Okay, then with only two hundred only two hundred and
fifty on the oil change. Oh so that happened two hundred and fifty miles
later, got it road trip to Kansas. I actually went for about five
hours later than when I got the oil change. Okay, and uh so
I've been speaking with their general Well hold On, what did what did you?
Didn't you left the part out? Was their engine damage? That's what
I've been trying to find out. They keep Uh, they will be well
wait a minute, who you are trying to find that out from? Well,
from Jiffy Loup. They're going to run compression tests and everything. No,
no, no, you don't let that. Wait, bro, you
don't let the people who perpetrated it run the jack. Yeah, that will
be stupid. Well, where's your truck right now? Uh? Parked at
the job it My truck's been running fine. Okay, listen, every when
you when you went to hold On, when you went to Kansas and you
saw this major oil leaked? How much oil had drained out? It didn't
drain till I turned the engine on and then it evacuated. It evacuated probably
nine quarts. How much is Here's what I'm asking during your trip, you
had no oil lights, no excessive heat. Is that right? That's correct?
And then it evacuated after that the following morning. Okay, nine of
how many quarts keen? So you had one quart? And but it did
not leave your engine till the next morning? Correct? Then how could you
possibly have damage? You were lubricated, doesn't matter if it was messy.
It was lubricated. Now after it drained out and you only had one court,
did you drive it after that? No? Okay? Well what makes
you think you have any damage? I don't believe I do. I'm just
trying to get reimbursed the the toe and the service that I had to take
it to the absolutely absolutely how much did that cost you? Two hundred dollars
in a toe and two hundred and eighty dollars for the oil change and to
clean the hole. So the oil filter, oh ring or or gasket was
was crimped? Yes, I still have it? Okay, Well man,
this is this is easy. They owe you the money. Man, it's
just crickets. When I when I leave messages, well, hold on,
nobody does anything. Hold on? Where have you been talking to this jiffy
loube? Where? Where in Falcon, Colorado. Is it individually owned?
Yes, that's what I was told, individually owned, because I tried corporate
when I was in Nebraska and they, okay, you had to call the
shop, so I had to wait till till that long. We're going to
give this to somebody to work on. This is absolutely acidine that they would
not. So how much you're looking for again, I'm sorry, let me
write that down. It's four and they said, man, Jiffy Lubs said
they were going to eat the original oil change. I mean, I don't
know if they're going to do that or not, but yeah, because they
did put the oil and do the work just shoddy. Albeit so for around
five hundred bucks. These guys are jerking you around, yep, crickets.
Well, it's going to be a slam dunk in my opinion to get this
money, whether it's through US or small claims court. But I'm going to
tell you right now, I'm going to put somebody on it. Kachina.
Let's put somebody on. Who do we want to put on it? Maybe
Deputy Dollar, Let's do it, Deputy Dollar. That yeah, yeah,
yeah, because I'm thinking, yeah, I'm thinking this is wrong. You're
gonna you need you need to be reimbursed, man. So I mean,
I don't see how they can say noed these people. You know, if
people just did the right thing. Goodness, it's not like you're exaggerating or
something. All right, pictures, yeah, yeah, yeah, I mean
look, if you were looking to put them together, you would have been
it would have been way more than five hundred bucks. Plus you're inconvenience.
These people should do it with a smile. For God's sakes, all right,
Now hold on because we're gonna go. Uh, we're gonna give this
to somebody to work on. I have with me. Our attorney today is
Dan McKenzie. He is an estate planning attorney, and we talked about creative
ways to leave properties and stuff. So if someone forms an LLC and put
stuff into an LLC, if I put if you put an LLC, let's
say you have a business and you put the business in the LLC, that's
a pretty creative way to lead. Well, the business is already probably an
entity, right, so can you bring on your airs as is it possible
to bring on airs into that LLC that take on more power after your death
without doing it as a trust in other words, can you write the LLC
that way? Somebody wanted to know. Yes, Yeah, you've got your
operator, you're inte and specifies what happens if one member passes away. So
really, it is kind of I don't want to use the word trust,
but it is kind of like a trust. Oh. I compare them all
the time. It's an entity unto itself, and to me it sounds almost
like a cleaner. I'm not trying to say it should take the place,
but it's a pretty clean way of doing something. Yeah, I mean the
benefit of trust is you have a person in charge who's going to do stuff
and make sure things happen and WELLLC you can have disagreements between members and be
hard to resolve. Okay, But with a trust you have a trustee.
Is that what you're talking correct? And you're the trustee while you're alive and
then it goes to someone else. But what's how do you pick a trustee?
Though? It's got to be someone you truly trust. Yeah, that's
a big job it is. Now. Now, do trustees get paid?
We always say yes in our documents, but it's a reasonable compensation. So
so can a trustee then be abusive? To the like, Okay, let's
say you have a niece, a nephew, a son, a daughter,
a sibling, somebody to be your trustee. Yeah, what's to assure you
that they're not going to want too much? They have to account to the
beneficiaries. They have to tell them what they're taking, and if the beneficiaries
think it's unreasonable, they can potentially take that matter to a court. Can
they reappoint another trustee? Ends on what the trust document says, so there
could be a way then to remove the trustee of the trustee becomes abusive.
Yes, but do you feel that's the only Really if you think about it,
asking someone to be a trustee without being paid, it's kind of weird,
even if it's a relative right. I mean they're yeah, they've got
a right to be paid if they're doing all that work. Yeah, so,
I mean it's part of the trust. Do they need an expertise to
be a trustee or just trust? No, they don't. I mean most
don't have any expertise. Can I designate a law firm as a trustee?
Yes? Do you recommend that or not? You know, we've got a
number of professional seducaries that we recommend and one of them is a lawyer,
but she's not doing that in her laws. Again, though, this is
not the same as a public administrator. Right, no, right, because
public administrations over the years have been have been terrible, and I mean,
in my opinion, they've been terrible for estates, terrible. If the siblings
can't get along and they end up getting a professional administrator, you may as
well say, well, we just pissed away a ton of money. Because
to me, public administrators, I don't know if they have a fiduciary,
but it seems to me like they don't because it seems to me like it's
always their interest first. But what is the technical technicality of a public administrator,
which, by the way, is like your personal representative when you can't
get anyone else to do it in your family because they're not getting along.
So do public administrators have a fiduciary to the estate? Yes? Always?
Yeah? Okay, Now, without naming names, without getting specific, you
and I both know that that is an area in the law where there's a
lot of abuse. Sure, yeah, okay. Is that because the airs
don't know enough to to fight it? Yeah? I mean, public administrators
are usually getting appointed where there really isn't a clear option. I mean,
somebody's passed away, there's not really any close family, and there's real estate
sitting there. You know, nothing's being done with it, and somebody's got
to get appointed to do it. And Affrey County has a public administrator who's
kind of on call to do those kinds of things, and so there's a
little bit less I mean, I think the court's going to watch watch that
pretty closely, more closely than they went in a normal estate. But yes,
because the beneficiaries are little bit more detached in those situations than they usually
are. Three three seven one three talk Now, I'm going to come back.
I'm sorry, Jeremy, I didn't rush. You were there so quickly.
We're going to come back to Compass and ask, then, what do
they think about this insurance situation, with this commercial operation, Tom could have
been screwed. I want to ask their opinion right after this, go with
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seven to one help. You'll think you're his only customer when you choose Frank
durand the real estate man dot com to list your home with Remax Alliance three
all three nine two zero sixteen twenty two. Hey Tom Martino here three three
seven one three talk three O three seven one three eight two five five.
All right, Now, Jeremy is with Compass Insurance Group, and we have
a question. I want to lay this scenario up for you. Jeremy,
Tom had a marijuana grow in one of his warehouses he was renting out,
and he had to have special insurance for that. Have you heard of that,
Jeremy, That regular insurance doesn't like doing that. Yeah, it's typically
a high risk, all right. So now that his tenant was leaving,
he's got to make a lot of repairs to bring it back to the way
it was supposed to be, you know, like after the grower. Right,
And in the meantime, he wanted to get new insurance, and he
explained to the broker, I'm no longer going to do you know, any
marijuana, which is fine, okay. So therefore that's where they stand.
Right. Well, he now was curious about his insurance. So as for
a declarations page, this is about a year after he bought that insurance,
and the declaration shows that she's not The broker did not list it as vacant
being worked on by him, which is I think acceptable, But it shows
that it as being rented out to a plumbing contractor Is that right? So
far? Tom correct? So he wants to know a couple things first and
foremost, if he has a loss, is he covered? Are they going
to say she lied and by him acknowledging, I think, do you have
to sign a dex page or something. I don't know if they're going to
say this is not going to be covered? And has he been paying four
thousand dollars for nothing? What are your thoughts on this? Man? Yeah,
I mean it could potentially be a problem for him. Is there a
contestability period that in casualty insurance like there is with life and health? It
doesn't work the same way, but there's a big difference between. You know,
if he had emails to her saying exactly what it is that he's doing
and the broker wrote it incorrectly, you know, there's a big difference between
that in the first year and there isn't a tenth year, right, So
if if it's something where he has proof that he can you know, show
it's like, hey, no, I was very upfront and what I'm doing,
there's probably going to be more of an issue for the broker by certainly
something he's going to want to get fixed. And you know, especially if
that company he's with it doesn't do vacant homes or there's any issues with it.
It's not a home, it's a warehouse, but you know what I
mean, or warehouse. I'm sorry, warehouse you he could potentially have issues.
So I think the best thing to do is, you know, fix
it moving forward so that he doesn't take that risk. Okay, problem right
now? The only fix come this year upon renewal. I reached out to
four or five different brokers for quotes. All of them told me the only
thing they could write me up for is a high risk vacant building. And
why it would be Why because because technically it is vacant. But the only
caveat that I had in my back pocket was under my current policy, it
states if a tenant vacates you still have coverage if you're making repairs to the
building. Yeah, but she's not reporting that. She's reporting it as And
here's what I think they mean. I don't think they mean you get insurance
while you're making repairs. What they mean is if you have a tenant and
they move out, you can make repairs. I don't think they want to
accept it from the get go as a vacant building where you're doing repairs.
Isn't that right, Jeremy, Yeah, that's correct. I don't think you
have coverage. Tom, Neither do I, And so Jeremy. If he
wanted to get coverage right now on a building, how severely damaged is it
right now? Tom? Oh, it's ninety percent ready for sale, ready
because I've spent a year back and forth from Saint Louis. Okay, then
Tom, then it is a vacant building. That's correct. Except the policy
that she wrote me. I'm not talking about that policy. It's useless.
We're talking about getting a new policy. It would be for a vacant building.
Jeremy, and that, Jeremy, that's not an issue. That's not
an issue getting a policy except for the cost. My question is for the
first year and this renewal on February first, I believe they owe me that
money back. Well, I kind of think they do too, Jeremy.
If don't you think he could go to the insurance commission or something. I
think he's been paying for something where he didn't have coverage. You certainly can
try. I mean the problem is it's you know, if they come back
and say, well, we would have covered it, and and I know
what is going to be. I'm not saying that's right. I'm just saying
you don't know if they weren't going to cover it. So had he made
a claim and it wasn't covered, how much? How much he's paying around
four grand? How much do they want for the vacant building coverage? Tom
it jumps over six thousand of pound renewal on February first. What is the
what is the what is the building worth? About? How big is it
one point twenty five it's going on the market for? And how big is
it? Five thousand square feet? So, Jeremy, does that sound six
grand for a vacant building? Does that sound like a lot? No?
I mean it is a lot, but not for the market right now.
That's that's Okay, okay, if a broker, if a broker binds me
under a vacant building, it's going to be between eight nine thousand. Oh
oh oh, because you ought to get Compass Insurance group. You ought to
have Compass quote you on it, just for the hell of it. Well,
and that's why I'm thrilled to be able to get in touch with you.
I've been back there a month and I'm driving to Saint Louis right now
and it's worth day all the time I've been on hold just to get your
piece of advice, and I will certainly. Well, here's what I want
you to do. I want you to call Jeremy at at Compass Insurance.
These guys are great. I've known him for so many years. Just call
him for the hell of it. They represent twenty six companies. They'll let
you know in a heartbeat. I mean, these guys are just legit.
Three all three nine nine six nine thousand three all three nine nine six nine
thousand Go with a sure thing Denver's best roofer Excel Roofing. You don't pay
a cent until you're content. Time for an insurance checkup, free, no
obligation in comparison, call Compass insurance paying too much your coverage at dozens of
insurance companies. Find out now three all three seven seven to one help You'll
think you're his only customer when you choose Frank durand the real estate man dot
com to list your home with Remax Alliance three all three nine two zero sixteen
twenty two. Hi Tom Martino here in three oh three seven one three talk
three A three seven one three eight two five five. So we're talking about
a state planning, estate plans and various ways to leave property, art,
businesses and things. We talked about the trust, which is a legal document
that dictates what happens to your stuff even long after you die. Now,
can you make a trust? This is a composite of a text question or
two because they're like too long to read, but in essence they want to
know, can you make a trust? As I've said before, I've said
this before, I'm home, I'm right that not only controls what happens to
your stuff through death and beyond the estate, but for the lives of your
errors in the trust? Can that happen or Dan? Does it have to
be just for that one generation? For you? I mean, in other
words, Can I leave things to my children in a trust and dictate how
they use those assets their lives for their lives or does that trust have to
expire after a certain time. It does have to expire after a certain time.
It does pretty long amount of time, like how much son, No,
there's a there's a statute. This is a crazy lesson in law school
called the rule against perpetuities that prevents trust from being going on forever, and
lawyers figured out creative ways around that, like now colrade as a statute.
It's got to end like in a thousand years, and it's got a very
long time. So you can literally have some assets and a small fortune or
a big fortune whatever. Yeah, and control how it's doled out for the
entire life of your children. Yep. And even beyond that, yes,
do people often do that or just until the kids maybe get to a sane
age. Yeah. In my experience, most people seem to think after about
forty kids should be done with trust. There are reasons that they're wrong about
that. I could go into But now, does a trust then if it's
a revocable trust when you're alive, is it still a revocable trust when you
die and they take over. Now it becomes irrevocable. Yeah, because if
they could just revoke it, we wouldn't do this right, Okay, So
when it becomes irrevocable, then you get to say when it ends you do
correct. Can all the people get together and decide when it ends they can
petition the court? Yes? Yeah, or there could be provisions and trust
insign here's some as says, now, this is very interesting. We have
more coming up on this, and your calls at three o three seven one
three talk or three oh three Martino. Go with a sure thing Denver's best
roofer Excel Roofing dot com. You don't pay a cent until you're contenth time
for an insurance checkup free, no obligation. In comparison, call Compass Insurance
paying too much your coverage at dozens of insurance companies find out now three oh
three, seven to seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot com to list your home
with Remax Alliance three oh three nine two zero sixteen twenty two news need ad
You don't have come running just as fast as we can. Shoot's gonna help
come Man Dix is the Troubleshooter Show. No, Tom Martino, Hey Tom
Martino here, Welcome to the show. Three O three seven one three talk
seven one three eight two five five is the studio number, and the Troubleshooter
number twenty four to seven is three oh three Martino three oh three six two
seven eight four six six. What does that mean? That means you can
call that number and if we're not there, you leave a message and we
will get back to and get you on the show. SEVI have a problem,
question, you complaint? Call us a lot of interesting topics today.
We have Dan mackenzie with us from coplans dot co, which is this website
for estate planning also eight three three coo plans, and we were talking about
a number of things. When it comes to leaving your stuff behind for airs,
you can do a trust, and you can do an LLC, and
that LLC can survive death with an operating agreement. That can pretty much spell
out some certain things. Now let's talk about trust. Why would someone do
an ear revocable trust. Why would they have a trust that can't be changed?
I just don't understand that. Yeah, the concept usually they are trying
to get some assets out of their estate for estate tax purposes, or they
are trying to get some asset protection and trying to get assets out of their
name so that if they get sued or get a creditor, so they normally
a target or something, or do they anticipate being a target them? Yeah,
that can happen. Yes, So does that irrevocable trust truly become there?
Irrevocable? I mean they don't have control over it. There's a lot
of things you can do to slip in ways to give them some protection or
some ability to keep keep the amending things. But the more flexibility you give
yourself, the easier it is for your creditors to pierce it. Now,
if you have an irrevocable trust, can it be used to shit to shelter
you from liability. It's possible. It's got to be set up in a
state that has a statue that allows at and Colorado is not one of those
states. So there are states where they will let you do a self settled
trust, a trust for your benefit with your own funds, and also still
qualify as asset protection. What does this? What does that mean? Self
settlement trust you're creating the trust, you're putting your assets into it, you're
potentially benefiting from that trust. And yet they're going to say it's protected from
creditors and so state, they don't do that here. Okay, and it's
a you know, so are you seeing an irrevocable trust here? It does
not protect you, not for asset protection. No, no, no.
If you're putting your own assets in there and you're creating it, like,
no, you gotta go to a state that has a statue. Wait a
minute, Then am I allowed to go to another state if I live here?
Sure? Wait a minute. So you must have people then that come
in and say, Dan, I want to protect my assets in an irrevocable
trust. And then you say, we have to do it in another state.
And that's totally legal. Yeah. And when they go to another state,
they don't have to be a resident, they don't have to establish residency
or anything. No. I mean the each state has its own requirements for
what needs to be done. You probably have to have a professional trustee in
that state. So state's like Nevada and Wyoming in South Dakota have entire industries
now set up. Okay, trust, if you go to those states,
Yeah, and set up an irrevocable trust. It cannot be touched by creditors.
A lawyer is never going to anything that definite. It's it depends on
when you set it up, when the creditor came. There's rules, so
it's not ways for seven years. I know their look backs. But let's
say right now, I set up an irrevocable trust in another state where they
allow credit protection, credit or protection. Yeah, and I don't have any
problems in my past and something comes up. Now, that's a strong case,
right, But people ask me, can I be sued if it's like
the answer is yes. And then the problem with these domestic trusts and why
people continue to go off short to places like the Cook Islands or whatever else,
is because we have the full faith and credit class the United States Constitution
saying that each state is supposed to give full faith and credit to other state's
judgments. Right, So there's still not entirely settled as to whether these trusts
really work in every circumstance, it's stronger to go offshore, but then you
got even more hassle. Now we're talking about protecting someone someone's assets from creditors.
But can they still use the assets put in irrevocable trust. Obviously there's
restrictions, right, So you have to have this other trustee because they have
to have instructions about when they're providing these assets. Right, So you can't
just go in there and grab them and say, you know what, I
don't I need the money, so I'm taking it. No. No,
I'm saying using it like a big home. Can you continue to use that
home in irrevocable trust? Yeah, yeah, there's place to do that.
Yep. What about the really wealthy that have a yacht, I know,
Yeah, you can put that in irrevocable trust and then you can still pretend
you own it, do everything you want on it. You can still use
it. Yeah. Do you have to pay for the use? That probably
is part of the price, Yeah, to make it look like, yeah,
I don't really own this thing anymore. Now I'm borrowing it from my
trust and I'm paying rent like I would to any other person who owns this
asset, and then that goes to the assets of the trust. Correct.
Okay, but you're saying if that's done in another state, it's still possible
that that other state can let it go for creditors if you belong in a
state where they don't allow it. Correct. I mean there's I mean there's
Supreme court cases now where people are challenging these things. Right. So yeah,
yes, Now when they go offshore, isn't that risky If let's say
just take the yacht example. Yeah, they put a yacht in irrevocable trust,
they get sued or they want they or whatever somebody wants something? Can
what what is so powerful about that offshore trust? So again, places,
certain places, the Cook Islands has been very popular lately have statutes saying we
do not honor the judgments of other jurisdictions. We are not taking judgments from
the United States. Can they order you if you were that you can't be
the trustee of an offshore trust? Can right? Not? Right? Yeah,
because if you were a trusrustee could in your own state order you to
release the property? Correct? So on purpose, it's another trustee in another
country that you don't control, right, But you're giving them the instructions.
So you know you've drive, you know you've been partner. But what's to
keep somebody from Cook Islands? What's to keep fraud from going how do you
protect yourself if it's not the full faith and credit of the US. If
you have an offshore trustee who lives in the Cook Islands and who cares if
they're an attorney there, it's the Cook Islands, it's not the US.
I mean what I'm saying, I'm not trying to insinuate that they're not ethical,
but how how truly do you protect yourself? Are these trusts? What's
to keep a government saying we're no longer going to protect you or or you
know, in other words, you can't help but believe if a one hundred
million dollar yacht is sitting somewhere, that that trustee couldn't be tempted to use
it or whatever. Yeah, I mean you definitely want. Yeah, you
need a jurisdiction where it's like, you trust it, it's stable, the
laws seemed well drafted, and and that's where a lot of Americans go,
as the Cook Islands. That has been a very popular place lately. You
know, it used to be Switzerland, of course, you know Switzerland now
I think has been I'm ashamed, no, no, but so some governments
are almost forced by pressure into cooperating with the US. I mean I feel
like, I mean care, Yeah, they yes, they care, yeah
they yeah, they do care. They do not care? Right, yeah?
Okay, So what kind of what are the Cook Islands? Are they
normal free society? It's like a very very small little chain of islands,
and they made it a whole industry. They would you say, there are
a ton of trust there, You're welcome. I'm sure there are. Yes.
Interesting, is it illegal for you US attorney to set up someone out
there? Oh? No, it's illegal if we are trying to evade creditors,
right, I mean you really But if you have no danger in your
horizon or in the past and you do it, that's fine. Correct,
You're free to do it. Yes, my predecessor on the show, that's
what he does, Blake Harris, Right, Yesla Harris, Yeah, that's
what he does now, Cook Islands. Now, following that vein, what
if though you had a depreciable property for your business and you put it there,
you can't continue to take the benefit of depreciation and all that on something
that you no longer own. Right? That seems unlikely to me? Right?
So yeah, probably not. I'm not a tax No, you're doing
and you're doing a logical thought that if it's not yours anymore, then you
don't get to depreciate it. Yeah, it's really going to be treated like
it's not yours. If it is yours and it was in your business,
like the yacht, and it's fully depreciated and you sell it for a dime,
you got a dime of gain. Now you're not a tax guy.
But theoretically when you put it into the trust, does it have to be
assigned a value? Yeah? I mean you're usually gifting assets over or selling
them to the trust for fair market value of some sort. So yes,
there usually is some sort of appraisal process. So I'm curious if you had
a fully depressiable asset if you gifted it to the irrevocable trust in the Cook
Islands, if there would be a taxable event on you because you had fully
taken its depreciation. That is a very complicated question. Yeah, and you
work, I imagine with tax attorneys and accounts on that. Yeah. When
you're doing these kinds of trusts, the financial advisor, the accountant, like
it's a team effort here. You're not just you know, with a vocal
trust of course, can change it. So if you do make a mistake.
Usually it's quite fixable. You're very now that all of this is very
fascinating to me. Of course, I don't have that wealth where I would
have to worry about Cook Island trusts or stuff like that. I mean,
I can you were people. Do you think the very very very very very
wealthy the multi multi billionaires routinely have trust or not. They definitely do.
And the amount of wealth you need to make these worthwhiles less than you think.
Okay, because it's really they're truly wealthy. You probably have more protection
they don't, you know, like if Bill Gates probably gets sued a thousand
times a year, if he loses all them, they probably would not have
any impact on his life. I see what you're saying. So it's really
those in between people. Yeah, the people, I mean, two million
bucks can make it kind of interesting to a potential plans. Okay, I
see what you're saying. Bobby, you have a question. What is it?
Bobby? Thank Tom, longtime listener, Thank you, Bobby. What's
happening? I just had a quick question. I was Unfortunately, I'm going
to file for divorce and I am also going to look for a house at
the same time. I've been looking for him, but my wife has like
she's not even part of it. You know what I mean, be on
the lease or I mean as the market. I'm going at a holl on
my own. Yeah. Should I purchase the house? Uh? After?
Should I get your word? Oh? That is such a good question.
Hang on, we'll come right back to you because I'm running late and I
want to I want to take the time to answer that. It's good that
you called before it happened. Three O three seven one three eight two five
five. Go with a sure thing Denver's best roofer Excel Roofing dot com.
You don't pay a cent until you're content. Time for an insurance check up
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one. Help. You'll think you're his only customer when you choose Frank durand
the real estate Man dot com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hey Tom Martino here, three oh
three seven to one three talk seven one three eight two five five Denverregen dot
com has the Semiglue tide in a compounded form. You can get right away
two hundred and fifty bucks a month. Compare that to fourteen hundred bucks a
month for brand names if you can even get it Denverregen dot com. All
right, So Bobby, you have called at the right time, and that
is of course before it's a problem and you want to know you're you're filing
for divorce. Now here's the thing. When you say filing for a divorce,
when will you be doing this? And does she know it? Yes,
she does. We're both in agreement. Yeah, so she does.
Okay, do you guys own a home right now? We do not,
And that's the second question. We are leasing, and we've been leasing for
at least three or four years at this rental unit. And also I listened
to you a lot, and you know, the first few years we had
a written assigned contract, and then after that it was just because our landlord
is out of state, so I was just making payments through Venmo to her.
So you no longer have a lease, is what you're saying. Well,
yeah, from what you said, And then doesn't it turn into just
thirty days since after you know what I mean, you don't. It depends
on the original If the original listen, if the original lease required sixty days
notice, then the new month to month would require sixty days notice. Everything
in the previous lease would be enforced in the month to month. So but
then they could say, well, now you have a new month to month
and change that. But if they did not do that, most of the
terms and conditions carry over. So do you have a thirty day notice on
the previous one? I would have to look at our concert, my leaf,
whatever it is, is what you have. So if you have so,
so just but here's the deal. Always check with an attorney on a
legal document, because I don't have privy to that and I'm not an attorney.
So, but look at your your lease. Now, once you get
out of that. If you let your wife assume it and stay there but
you're still on it, you're hooked. Even if the courts say she gets
the apartment. The courts can say one thing, but divorce decrees do not
have to be honored by creditors. Do you understand that if they split up
a credit card in the courts, that doesn't mean the credit card company can't
still come after you. They can. A lot of people make the mistake
of thinking that a court order from divorce iners upon the creditors. It does
not. Okay, now that's first thing. Second thing, if you're gonna
buy a house, you can't do it until the divorce is final, because
otherwise it's going to be marital property. Now, okay, good. When
you file for divorce, there's an automatic stay on finances, meaning that everything
freezes and you really can't make major purchases, or if you do, they're
subject to being part of the divorce. So I mean I would not do
it until it's final. Ah, So that's great, great advice, like
I said. Now, of course, like I said, if you're if
you know, you want to go with an attorney, if you're gonna do
this, right, are you guys trying to do this divorce on your own?
Oh yeah, it's gonna be probably to mediation. I mean we have
Okay, that's good, hold on, that's good. Get an attorney mediator.
Okay, an attorney media can mediate and if you both don't have attorneys,
that's fine. They one attorney can mediate and then in addition to mediating,
they can write it up. Okay. Okay, So that's a good
thing and it will save you a ton of money. Okay, So I
love I love that you're doing it. In fact, I have a recommendation
for you. His name is Lawrence King. Okay. Now, he's a
great guy. He's an attorney mediator and it's called divorce resolutions. Okay,
now let me tell you something. Divorce. Yeah, divorce resolutions. He's
not on my referral list. But the guy's a great guy and he's we
don't really have people that do mediation. Well we kind of do and kind
of don't. They They mainly do. They mainly do divorces. But anyway,
Larry, that's all Larry does. That's all he does. So here's
what it is. It's three oh three six five zero seventeen fifty. Now,
if one of you get an attorney, it can be really weird.
So if you either both get an attorney or both don't have an attorney,
is fine. But so that's what you really want to do is file there,
save yourself some money. Okay, call today. I mean that's one
thing you taught me, like, don't do nothing, don't unless you know
what I mean. Calls it first, yeah, yeah, call. In
fact, it's yeah, you want to do that. Now, He's not
going to talk to you alone, So when you call, you just say,
look, I'm calling for both of us, and you know because he
won't talk talk about your case with you alone ever, so you don't ask
him, for example, should I wait to buy my house? He cannot
give you advice on that. He can only help you with stuff you guys
already have and want to dispose of when you eyes are together. That's what
mediation is, Okay. Otherwise you create a conflict of interest and it spoils
the whole relationship. Okay, okay, sure thing, And I wish you
well. I hope everything goes well. Sorry, this is happening, I
guess, but sometimes it's inevitable. Three oh three seven one three eight two
five five. Now what's your question for mackenzie, For Dan McKenzie, Steve,
what do you have? So my father left my brother and I a
condo and a trust that goes on forever and never and never. My brother
go with a sure thing Denver's Best roofer Excel roofing dot com. You don't
pay a cent until you're content. Time for an insurance checkup free, no
obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies
find out now three all three seven seven to one help. You'll think you're
his only customer when you choose Frank durand the real estate Man dot com to
list your home with Remax Alliance three all three nine two zero sixteen twenty two.
Hi Tom Marks, you know you're three oh three seven one three talk
three oh three seven one three eight two five five. Let's talk. What's
going on in your life? Janice? What's happening with your employment? What's
going on? Janis? I'm a gig worker. I drive for a company
and I'm contracted through them. And Friday I went to clock in and I
received the text saying that I needed to check my inbox. So I did
and it was a termination email immediately affected immediately and that I've been dealing from
who from the from go puff? What is that? It's a delivery service.
We deliver anything, Okay, order within Oh really so they deliver any
They basically deliver anything. Yeah, pretty much. At my facility I work
at, we don't do alcohol, but we do tobacco. And vade to
the morning after pill and everything in between. Wow, So so okay,
So anyway, you just simply got noticed one day you're no longer with us,
right, and they they gave a reason. What is it? Theft?
Theft area they're accusing you of stealing and multiple occasions I have engaged in
this activity, they say, And what do they give specifics? No,
and they won't give me any information. And everything's done through email, they
have no phone contact. But yet they give me the right to appeal and
dispute it in one hundred and sixty eight hours to do that. But yet
I don't know what I'm disputing my or defending myself against. That's so weird,
like like you have no idea, like could it be? Like how
does it work? Like uber or lyft? I don't really know because I
don't know those those situations. This is what happens is I'm congress, Well,
what do you mean how do you get your gigs? Tell me how
it works. I'm employed by this company called go Pop who I'm contracted with
GP Logics LLC. And that's who my contracts with. But my dealings are
all done with go Drive. That's the app and everything is done through the
app. And I go to the warehouse where I normally work. You can
work on ten ninety nine, so I can work three two other warehouses.
I work just one in Westminster. And you go there, you clock in
and then you wait, wait, do you have to go physically to a
location to clock in? No, you through the app, but you have
to be so close to it to clock in? Well, so close to
what? What do you mean so close to the facility? Oh? Really?
So so what why why do you have to be close to this facility?
That's not where you pick up your stuff, is it? Yeah?
Oh, so you to make deliveries just for one supplier, for a one
warehouse. Yeah, that's what I mean. And at this warehouse they have
all of the products they deliver. It's like being for an Amazon place.
I mean it's one warehouse. Yeah yeah, okay, God refer to it.
Yeah yeah. And so I you clocked in and then you're receiving an
offer via text to the app, and you accept it or you don't accept
it. You accept that. You go in, you scan the order,
which is usually bagged because we pulled another product. It's all pulled for us
and bagged and everything's ready to go. My job is I tick it up
and I deliver and that's okay. And then one day they said you're gone,
so are they? Well, Janice, have you ever stolen anything when
you were at the warehouse? No? And I've never stolen anything from a
package in my vehicle from the warehouse, and I've returned everything that's been canceled.
Well that's your defense. Then you'd simply say you have never ever taken
anything at all. I have said that and everything, and then they tell
me that, and I would like I asked them about an investigation, because
well to appeal, right, you asked them to appeal and what did they
say, right? And they said they don't. Let mean, I took
notes because it's all in emails. Sure it says a material reach in the
Greek that they don't discuss internal investigations are termination or post termination things. But
yet we're going to appeal it. But then they give me the right to
appeal it. I'm so confused. I'm so in shock. I don't blame
you, but man, I mean, it would have been better for them
just to say we don't want you anymore, or where you don't measure up
or something. In other words, why did they go ahead and give you
a reason like that? That's crazy. Yeah. And here's another thing,
Tom, I've worked there four years, over twelve thousand deliveries under my belt.
Oh, I've never even heard of this place. So by the name
of it Go Puff, I can assume they only deal with marijuana and vaping
and all of that stuff. No, no, no, no, we
don't do any marijuana. They do well, I don't mean marijuana itself,
but the paraphernalia I don't know. Well, do you sell vape pens?
Do you sell vape Do you sell those? Okay? And then you sell
all of the vape juices? Yeah, I believe, so we sell what
they Yeah, and you sell. It's like a huge truck stop. Do
you want? You can get there? But when you go to that is
there any Are there any people at the warehouse you can talk to? Yes?
And no. Because they are employees of Go Puff. They're totally different
than what we are there, cause Go Puff and go Drive are two different
things because we're independent, of course, but not all of us are independent
drivers. But they can't tell us anything. And there's a manager, but
they manage at least two other facilities, so they're never there and there's no
ship leading there. Where is go drive located? It's an app, It's
in Philadelphia? And is that where your email's coming from? The go drive
people? Go Puff support or go Drive? Yeah, well, which one
is it? It's let's see, I don't know. I should check then,
all right, listen, I got to take a break. Janis.
I don't want to cut you loose, unless I mean I would like to
try to find out. Yeah, well, hold on, real quick question.
Are there any phone numbers for these people? Nor? Thanks? All
right, hang on, hang on, and Kaschina Kachina. I want to
get her back on tomorrow where we can ask people if they've had similar experiences,
because we're getting toward the end of the show and I want to take
Frank right after this. I'm Tom Martine Go with a sure thing Denver's Best
roofer Excel roofing dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison, call
Compass insurance paying too much your coverage at dozens of insurance companies find out now
three O three seven to seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate man dot com to list your
home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi
Tom Martino, your troubleshooter three zero three, seven to one to three talk
Frank, go ahead, what's going on? Frank? Tom? I know
you address this before, but I'm want to ring it up again because I
got a letter from Excel Energy Big so did I, So did I.
They're offering these home warranties again. Exactly, they suck. What do you
can you believe that? Though I mean I believed they want to make money,
I can believe it. There's nothing wrong with those. But here's the
bottom line. They will not tell you what is covered or not covered until
you have a claim. Look, it's the same with every single every single
appliance or home warranty is the same. They suck because and again you can
call back and we can get you on tomorrow. But they make you pay
based on what you have in the house, but don't tell you if it's
covered or not because you have to wait for it to break down for them
to evaluate it. To see if it was pre existing. By the way,
Dan mackenzie Mackenzie Law COO plans dot CO. Don't forget three O three
Martino Call twenty four to seven