Speaker 1: Ripped up news, so you don't have come run in
Speaker 1: just as fast.
Speaker 2: As we can.
Speaker 1: Shooter's gonna help coming.
Speaker 2: Man Dix is the Troubleshooter Show. No Tom Martino, Hey, hey, hey.
Speaker 1: Tom Martino here, welcome to the show. Three oh three
Speaker 1: seven one three talk seven one three eight two five five.
Speaker 1: I think's brother brother Mark and sister sus are tied
Speaker 1: up with insurance issue. Nope, nope, Oh here for forty
Speaker 1: five minutes in the insurance company shows and you're gonna
Speaker 1: do you think you'll have a battle? What is it about?
Speaker 3: Let's let's it's interesting. So we had an issue. I
Speaker 3: hired Matt our public adjuster. He got it covered. But
Speaker 3: now they're arguing over how much they want to give
Speaker 3: me for the covered problem. So what happened is Matt
Speaker 3: hired someone on my behalf that comes out the insurance
Speaker 3: company hired someone on their behalf that's coming out to
Speaker 3: the house, and all of us are going to get
Speaker 3: together and figure it out today how much money I'm getting.
Speaker 1: It's kind of cool, okay. So that's the appraisal process.
Speaker 1: It's the appraisal process. You nailed it, okay. Now, usually
Speaker 1: the appraisal process is invoked when you anticipate a problem,
Speaker 1: or had a problem, or did not like their offer. Yeah,
Speaker 1: well that's exactly what happened.
Speaker 3: I claim fifty sixty thousand in damage and they're saying
Speaker 3: it's around thirty.
Speaker 1: So I mean that's a big difference. Okay, three oh
Speaker 1: three seven one three talks seven one three eight two
Speaker 1: five five This outbrouch by water pros. Man. I'm telling
Speaker 1: you it's it's a year end deal. Please. Now, I'm
Speaker 1: not sure if it's going after the first I don't
Speaker 1: think so, but you know, I hope it does softening
Speaker 1: and drinking water so reverse osmosis, drinking water at the
Speaker 1: kitchen and a whole house softening for pipes, laundry, skin showers.
Speaker 1: It's wonderful water pros and they're both combined at thirty
Speaker 1: one ninety five. If anyone's ever shot for water stuff,
Speaker 1: plumbers would charge twelve to fifteen grand for stuff like this.
Speaker 1: Waterpos dot net three three eight six two five five
Speaker 1: five four Mark Do you notice the soft water?
Speaker 3: Oh, it's it's night and day. Suzanne is the one
Speaker 3: that really loves it. I mean this sounds a little
Speaker 3: silly for your skin, yep to the guys listening, but
Speaker 3: she says it's the best her hair has ever been.
Speaker 1: She loves it on the skin.
Speaker 3: I always thought I would taste a difference, like it
Speaker 3: would be salty, and of course it's not whatsoever.
Speaker 1: But yeah, it's it's a big difference.
Speaker 4: Man.
Speaker 3: And Paul did a really bang up job. And the
Speaker 3: pricing was great. You know, I checked two or three
Speaker 3: other companies. He was half the price.
Speaker 1: Okay, okay. There's a physician, a doctor who texted tell
Speaker 1: Mark I love listening to him cry about Biden being
Speaker 1: pardoned by his dad. Are these are delicious tears? Honestly,
Speaker 1: your dumb ass soon to be president pardons so many
Speaker 1: freaking people and you guys don't see it. It makes
Speaker 1: me laugh. Now, I can't.
Speaker 3: Trump is going to pardon a ton of people to
Speaker 3: January sixth people. But I need to tell that dumb doctor.
Speaker 3: One thing I have said, Biden is gonna pardon his
Speaker 3: son forever, and I think you can attest to that.
Speaker 3: And on top of that, I think he should have.
Speaker 3: What I don't like is how he lied about it.
Speaker 3: Trump's not lying about pardoning people coming up. He's just
Speaker 3: gonna do it. I don't know why Biden has to
Speaker 3: lie about it. I think Mark's got great instincts. And
Speaker 3: I've said it before. I mean, you've you've said things
Speaker 3: that you just feel. And I'm talking about when it
Speaker 3: comes to politics. Now, maybe other things too, but specifically
Speaker 3: this last season, Dan Kapalist really has some good instincts.
Speaker 1: Now we have Dan mackenzie with us. Let me right
Speaker 1: now here for those streaming you can see his pretty face.
Speaker 1: And anyway, Dan is an attorney at law that does
Speaker 1: a state planning. You know what, my kid moved that
Speaker 1: camera so you're seeing an empty door and it cut
Speaker 1: off to meet you. I'm gonna have to reframe that.
Speaker 1: But I had a question for him. For Dan McKenzie, Yeah, Dan,
Speaker 1: I do have a question. I am I'm gonna kind
Speaker 1: of are you. Are you on cam by the way? Mark? No,
Speaker 1: I'm not.
Speaker 3: I'm gonna be out of here this day. That's fine, okay,
Speaker 3: But so what's really crazy?
Speaker 1: Dan?
Speaker 3: Tell me about this updating someone's trust. Someone let's say,
Speaker 3: created a trust and their kids were very young at
Speaker 3: the time. Now their kids are well over eighteen and
Speaker 3: a lot of the stuff and the trust is just different.
Speaker 3: So what I have found and I left a message
Speaker 3: with you guys too. But the bottom line is there's
Speaker 3: really no such thing as updating a trust. Well there is,
Speaker 3: but what I've learned is you might as well just
Speaker 3: create a new trust rather than pay an attorney to
Speaker 3: go through an existing trust that could be fifty pages
Speaker 3: when they modifications, compared to just doing it from scratch.
Speaker 3: Would you agree with that statement or no?
Speaker 1: Hold on, let me turn on? Go ahead, sir?
Speaker 5: Absolutely.
Speaker 6: I mean it's like, why why go through and try
Speaker 6: and figure out like why was this done because the
Speaker 6: previous attorney liked it?
Speaker 1: Was it done because it was the law when they
Speaker 1: did this? Yeah?
Speaker 3: Because you're spending all that time when you could just
Speaker 3: start I just for sit them.
Speaker 7: Yeah.
Speaker 6: I mean the thing to understand is there's two parts
Speaker 6: to trust planning. One is creating the trust and the
Speaker 6: other part is actually putting your assets in the trust.
Speaker 1: And you don't have the hard set quite honestly, that's
Speaker 1: very interesting. So what you're saying is why bother just
Speaker 1: redoing it?
Speaker 6: Well, you redo it, but what it's called is like
Speaker 6: if you're just if you're going to fully amend a
Speaker 6: and replace a trust, A lot of times the way
Speaker 6: to do it is what's called a restatement, and a
Speaker 6: restatement is just a full swap out of the instruction.
Speaker 1: So the trust is the same.
Speaker 6: So if you did your trust in twenty ten, it'd
Speaker 6: still be called the Mark Trust twenty ten, but it's
Speaker 6: got a whole new set of instructions. In that way,
Speaker 6: at least you don't have to do all the funding. Again,
Speaker 6: let me ask you something else. I'm running up against
Speaker 6: just ideas here. So Tom and I own a few
Speaker 6: businesses together.
Speaker 3: So I would assume I would just put our fifty
Speaker 3: percent of the business or whatever amount it is. And
Speaker 3: this is for everybody out there, not just me, that
Speaker 3: that into the trust.
Speaker 1: Correct.
Speaker 3: In other words, I would literally move our ownership of
Speaker 3: the business into the trust.
Speaker 1: Right that is usually the case.
Speaker 6: You know, the operating agreements for the business will say
Speaker 6: whether that's allowable or not.
Speaker 1: That's right.
Speaker 6: Don't want to create a situation where you have not
Speaker 6: allowed our so many business partners.
Speaker 3: But here's the second point of that question though, because
Speaker 3: we were thinking about bank accounts that are associated with
Speaker 3: businesses we own. So the best way to do this
Speaker 3: once again would be bam, they have ownership of the business.
Speaker 3: Because they you know, they're in the trust and then
Speaker 3: therefore they would have access to those bank accounts.
Speaker 1: I mean, does that make sense to you?
Speaker 3: Yep, yeah, because putting the actual bank account into the
Speaker 3: trust would be insanity. That doesn't seem typically, that doesn't
Speaker 3: seem the way to do it, because banks don't even
Speaker 3: like that.
Speaker 6: I mean, I would remove it from the shelter that
Speaker 6: the business is providing, so I would put it back
Speaker 6: in your personal assets.
Speaker 3: And Tom, if you move everything into your trust, it's
Speaker 3: a pain in the ass, man, It's a It is
Speaker 3: a total pain in the ass.
Speaker 1: The answer is no, not yet. I have you know,
Speaker 1: I have at a line on it. I have very
Speaker 1: common problem doing it. Anyway, Sarah wants to talk about
Speaker 1: dyce in. You know, I'm going to tell you something.
Speaker 1: One of the worst investments I ever made was a
Speaker 1: dice in vacuum. One of the best was a shark
Speaker 1: way less way less expensive. And I will say, though
Speaker 1: the dice and warranty, I was pretty impressed. I was
Speaker 1: so pissed off at the dice in because it breaks
Speaker 1: and this goes rather than accobed. But if you take
Speaker 1: the time they had, they had a warranty place. I
Speaker 1: think in Aurora or somewhere I went. It could be
Speaker 1: in Park Meadows. Anyway, I went there and I said,
Speaker 1: this doesn't work. He goes in the back, gets a
Speaker 1: new one and just hands it to me. I mean
Speaker 1: it's like they asked no questions anyway, Sarah, I saw
Speaker 1: that you're calling about a dice in warranty.
Speaker 8: What's going on, Sarah, Well, unlike you I had, My
Speaker 8: sharks are nowhere near the quality of the dice in wait.
Speaker 1: You have, you have both, you have both, I do,
Speaker 1: I do, yes, And you don't like your shark.
Speaker 9: I did at first, but it seems to wear out
Speaker 9: a lot quicker than than the diceon day Like, okay, that's.
Speaker 1: Yet to be seen for me. You're right, You're right,
Speaker 1: because when I had to buy some newer you know,
Speaker 1: I want to buy a couple or one extra for
Speaker 1: this house. And because and so I got the shark.
Speaker 1: So I can't talk. I can't speak to its longevity.
Speaker 1: So what's going on with Dyson?
Speaker 9: So I got a Dyson last year end of November,
Speaker 9: and I was actually so thrilled with it.
Speaker 1: And then what kind did you buy? If I may ask,
Speaker 1: what kind.
Speaker 9: It's the V eleven.
Speaker 10: Yeah, I know, Tim.
Speaker 9: It was like one of the newest models, the draws.
Speaker 9: It has no cord, you know, it's the cordless you know,
Speaker 9: Church on the wall takes anywhere thing. And so in
Speaker 9: the end of July, the dust bin on it broke
Speaker 9: And that's exactly right.
Speaker 1: They did you drop it? By any chance?
Speaker 9: I didn't drop it, but there's no telling if one
Speaker 9: of my kids did or not.
Speaker 1: You know what, here, here's the problem with those things.
Speaker 1: They they they're too delicate. They they crack. I broke
Speaker 1: that thing a couple of times and where it won't
Speaker 1: close or something one of the little latin you know,
Speaker 1: a little plastic things that click in or anyway keep going.
Speaker 1: What happened? Then? So did your whole canister crack? That
Speaker 1: whole dust canister?
Speaker 9: No, it was like some kind of a seal up
Speaker 9: in the top. Okay, a little red piece.
Speaker 1: I know what.
Speaker 9: You immediately called dice in when it happened. And the
Speaker 9: lady I spoke to was really nice and she verified
Speaker 9: the problem, uh with a video call, so she knew
Speaker 9: exactly what was wrong.
Speaker 1: Yeah, and she.
Speaker 11: Said, unfortunately, the part that you need is out of stock.
Speaker 11: So call back in.
Speaker 1: A couple of weeks. Is it the red thing? Even
Speaker 1: when you take out there's a little filter on it.
Speaker 9: Yeah, so the red thing isn't supposed to come off
Speaker 9: of the canister, but it had popped off and there's
Speaker 9: no way to put it back on. It looks like
Speaker 9: you can, but you cannot.
Speaker 1: Okay, all right, So right now, when did this happen?
Speaker 1: When did this happen?
Speaker 9: So it broke in at the end of July and
Speaker 9: the part wasn't in, and they told me a call
Speaker 9: back in a couple of weeks to see if it
Speaker 9: was in, and it wasn't. So they said, great news,
Speaker 9: We're authorized to send you a new vacuum cleaner. I said,
Speaker 9: well that's fantastic, and.
Speaker 1: Okay, did they did they want to know how it happened.
Speaker 9: I did not ask that.
Speaker 10: No, Okay, no they didn't.
Speaker 9: They didn't want to know how it had been broken.
Speaker 9: And I think when I looked it up because I
Speaker 9: YouTube everything to try and fix things myself, it said
Speaker 9: it's a really common problem with that model.
Speaker 1: So it's okay, so.
Speaker 9: Bigger canister than than typical.
Speaker 1: Okay, so what happened then?
Speaker 9: So I called back and they said they would send
Speaker 9: a new vacuum, and but I had to send in
Speaker 9: my old one first. And I said, okay, that's, you know,
Speaker 9: not really convenient.
Speaker 11: I don't have a box, you know.
Speaker 9: Could you send the new one and then I'll send
Speaker 9: it back in the old and then the old one
Speaker 9: in the new box. And I said, no, that's not
Speaker 9: the policy. And I so.
Speaker 1: If we get down to the issue today, what is it?
Speaker 1: Is it the shipping back, is it the new one?
Speaker 1: What is it?
Speaker 9: So eventually I relented and said, okay, final, I'll send
Speaker 9: in my old vacuum. So to fast forward to that part,
Speaker 9: I took my old vacuum to the UPS store because
Speaker 9: I did not have a box for it, and there's
Speaker 9: a no box option. UPS store took my vacuum, printed
Speaker 9: me at receipt and I was patiently waiting for my
Speaker 9: new vacuum, and after about a week or so not
Speaker 9: hearing anything.
Speaker 1: It's the UPS store, that not UPS but the UPS store,
Speaker 1: right yeah.
Speaker 9: Because Dyson said, take take it to.
Speaker 11: It at the UPS store.
Speaker 9: Okay, God, So that's what I did. And then I
Speaker 9: looked up the tracking number and it said that it
Speaker 9: hadn't moved yet.
Speaker 10: But it has right.
Speaker 1: So this is back in July.
Speaker 9: We're talking Ryan, So by the time I shipped it
Speaker 9: was August.
Speaker 1: So in August. Okay, so you sent back the old one?
Speaker 1: Do you have the new one?
Speaker 12: I do not.
Speaker 1: They wanted to wait. They wanted to wait to so
Speaker 1: they wouldn't send the new one until they got the
Speaker 1: old one right. And let me guess, they lost the
Speaker 1: old one.
Speaker 9: They lost the old EPs lost the old one. Did
Speaker 9: you have any Dyson won't. They won't ship a new one.
Speaker 9: And they keep telling me that I need to file
Speaker 9: a clean you do and with the UPS clean, but
Speaker 9: they I can't because Dyson is both the shipper and
Speaker 9: the receiver.
Speaker 1: Yeah, Dyson has to do the claim.
Speaker 9: There's no way for me to file a clean. And
Speaker 9: I've been around and around with UPS and the ups.
Speaker 1: How much was that back in about about six?
Speaker 5: What?
Speaker 1: What model? Did you say? It was? The gold model?
Speaker 11: The eleven?
Speaker 9: It's all now, but it was.
Speaker 1: Did you know it was that much? I don't know
Speaker 1: the V eleven. I'm seeing them here. They're pretty cool though,
Speaker 1: man for four hundred bug. Yeah, well you say they're cool.
Speaker 1: I don't say they're cool. In fact, that's the one.
Speaker 1: I don't know anyway, So right.
Speaker 9: Now that's extensive now because they're not the newest model anymore.
Speaker 1: Do you ever receipt from UPS? I do, okay, And
Speaker 1: on that receipt, what does it show as a shipper?
Speaker 9: Let's see it.
Speaker 1: So I got it. I gotta take this break, but
Speaker 1: I want to know. Well, she already said it, says Dyson. No,
Speaker 1: she said that. They claim yeah, they claim it's diceing
Speaker 1: to me either. But you're the one with the receipt.
Speaker 1: Hold on, we'll come right back to you. I'm Tom
Speaker 1: Martino three three seven to one to three talk this
Speaker 1: is a pain three all three seven one three eight
Speaker 1: two five five Denver regen dot com. Get your jump
Speaker 1: on weight loss drugs at severe discounts, starting at like
Speaker 1: two hundred ninety five bucks a month. You can get
Speaker 1: semiglutide to zeppatide compounded Denver Region dot com. Go with
Speaker 1: a sure thing Denver's best roofer Excel Roofing dot com.
Speaker 1: You don't pay a cent until you're contenth wait time
Speaker 1: for an insurance check up free, no obligation comparison call
Speaker 1: Compass insurance paying too much your coverage at dozens of
Speaker 1: insurance companies. Find out now three all three seven seven
Speaker 1: to one help. You'll think you're his only customer when
Speaker 1: you choose Frank durand the real estate man dot com
Speaker 1: to list your home with Remax Alliance three all three
Speaker 1: nine two zero sixteen twenty two. Hi Tom Martino, your
Speaker 1: troubleshooter three all three seven one three talk three all
Speaker 1: three seven one three eight two five five. Okay, so
Speaker 1: what do we do about this? I I think if
Speaker 1: the Dison here, look, look if they if you can't
Speaker 1: find the old one, who do you go after? I mean,
Speaker 1: really and truly, it's not Dyson's fault, but they should
Speaker 1: help you. Well, they are a shipping label. They're the
Speaker 1: ones that need to file the claim according to the callers.
Speaker 1: So therefore, I do think it's Dison's fault. Yeah, that's
Speaker 1: what I mean. It's not their fault, it's losses. What
Speaker 1: I mean, they should cooperate with you and help you.
Speaker 3: But on that receipt, maybe deputy, maybe we give this
Speaker 3: to a deputy dollar he might be good at this.
Speaker 1: Well, I think he should also consider small claim scored
Speaker 1: against Dison and against I'm not you, I don't know ups. Well,
Speaker 1: I would almost assure you that would work. Yeah, have you, Sarah?
Speaker 1: You know you could do a small claim against Dyson
Speaker 1: for the loss and it's really a six hundred dollars
Speaker 1: loss to you or to replace it. Actually is only
Speaker 1: three nine nine right now.
Speaker 9: All those cybernds, no.
Speaker 1: I mean right now, Yeah, you can get the v
Speaker 1: eleven all day long for three ninety nine that I see. Yeah,
Speaker 1: but here's the deal. That doesn't mean we won't help
Speaker 1: you make a call or two. But you know, Dyson,
Speaker 1: in my opinion, is a terrible company. What do I
Speaker 1: mean by that. I don't mean they cheat you or anything,
Speaker 1: but they're just so they did you buy it? By
Speaker 1: the way, I might have missed. I think they're so great.
Speaker 1: They just don't attend to you that well. Now, except
Speaker 1: when I went to that store, they did kind of
Speaker 1: just go on the back and handed me another one.
Speaker 3: My wife absolutely loves her Dyson hair dryer.
Speaker 1: I mean she loves it so well. Dyson has a
Speaker 1: name and has a name for all the different things
Speaker 1: they make, and they all have one thing in common.
Speaker 1: Air move. Where did you buy that vacuum?
Speaker 9: I'm actually not sure. My sister and a dear friend
Speaker 9: of mine got it for me for my birthday.
Speaker 1: Say if you bought a vacuum for your birthday, that's
Speaker 1: what I got to say. Oh God, Mark gave Susannah
Speaker 1: vacuum for Valentine's Day. Now come on, man, No, those
Speaker 1: were the nice pots and pans. Brother. Oh okay, hey, Sarah, really,
Speaker 1: I'm gonna we're gonna give this his dollar in the studio.
Speaker 1: He is Syria, I'm here, don Why don't we give
Speaker 1: him a call or two and say, look, you're the shipper,
Speaker 1: why don't you just put a claim in with UPS
Speaker 1: right now and then help her out. I mean, let's
Speaker 1: just get this ball rolling. At least get them off
Speaker 1: the dime.
Speaker 3: And hey, by the way, on Secretary of State, they
Speaker 3: are there, and it would be the dice and direct ache.
Speaker 3: I think it'll be the best fifty five bucks you've
Speaker 3: ever spent. I have served so many people where they
Speaker 3: actually take service. It's pretty simple stuff.
Speaker 1: Yeah, I bet you. I bet you.
Speaker 3: You'd have a vacuum to your place in about three
Speaker 3: or four.
Speaker 1: Weeks if you just file it. Yeah, so let's do both.
Speaker 1: For let's do both. I think that's a good idea.
Speaker 1: We have a question for Dan mackenzie Sherry. What is
Speaker 1: your question for our attorney Dan today?
Speaker 13: Hi there, Tom, Hey, So I do have a question
Speaker 13: for Dan. My brother and I met with him a
Speaker 13: little over a month ago about setting up a trust,
Speaker 13: and I've got a question. I've read that you should
Speaker 13: not ever put a checking account in a trust.
Speaker 1: Wouldn't you just set up the beneficiary? Dan? I mean?
Speaker 6: So the issue is just that a lot of banks
Speaker 6: will not just put the existing account into the trust.
Speaker 6: They will open a new account and the name of
Speaker 6: the trust and transfer the funds in there. And when
Speaker 6: they do that, they break your got a new account number?
Speaker 6: You got to get any checks?
Speaker 1: What is the purpose of putting it You can't have
Speaker 1: that much You don't have that much money at any
Speaker 1: one time sharing them in there.
Speaker 6: But the benefit of having it in the trust is
Speaker 6: that the trust covers incapacity events too. So your beneficiary
Speaker 6: designation is not helpful in an incapacity event.
Speaker 1: What does that mean? So, so if there's a payable
Speaker 1: on death, it's not only kicks in if you've died,
Speaker 1: not if you're a disr Whereas if it's in the trust,
Speaker 1: your trustee can step in and manage that. You know
Speaker 1: every account trust, so why would he helpful?
Speaker 3: But why can't you just put the trust is the
Speaker 3: beneficiary of the checking account.
Speaker 1: No, he said you could, But what would happen is
Speaker 1: it doesn't kick in with them with dementia or something.
Speaker 1: It only kicks in with death. I understand exactly what
Speaker 1: you're saying. Whereas a trust, a trust can be written
Speaker 1: to take over I mean I would say the question.
Speaker 1: I mean, it depends on your bank's policy.
Speaker 6: I don't know where you are in that process, but
Speaker 6: you could check with your bank and see a lot
Speaker 6: of times, what I recommend that people is maybe open
Speaker 6: a new account in the name of the trust and
Speaker 6: keep the old account and just over time slowly migrate
Speaker 6: over to that new account, because it can be a
Speaker 6: bit of a pain to just move it. Currently sit
Speaker 6: an account into the trust.
Speaker 13: Well, because I was thinking, I'm just kind of I'm
Speaker 13: a little anal about things. Yeah, and I was thinking
Speaker 13: it would be nice job an account that would cover
Speaker 13: any of the assets in the trust, just to keep
Speaker 13: things kind of clean in mind.
Speaker 6: I mean, having cash in the trust I think is
Speaker 6: critically important because if you can have a lot of
Speaker 6: stuff in the trust, and if it's real estate or
Speaker 6: personal property or other hard assets, it can be really
Speaker 6: hard to deal with.
Speaker 1: Why because you can't pay the bills or you can
Speaker 1: pay fees.
Speaker 6: Somebody needs to keep paying the property taxes and insurance
Speaker 6: and you know, getting appraisals on things, and like where's
Speaker 6: that money coming from if there's no cash?
Speaker 1: Do people ever do services for trust on the come?
Speaker 1: I mean I guess that's possible, but it's like, yeah,
Speaker 1: can you lean a trust? As an attorney? Can you
Speaker 1: lean a trust? I guess yes, it's possible. It's got
Speaker 1: to be. It's it's probably gotta be in your vocal trust. Really,
Speaker 1: if we think about it, all a trust is is
Speaker 1: a person. I mean, right, isn't a trust in a
Speaker 1: way it's an empty person with other people benefiting from that. Yeah, yeah,
Speaker 1: I mean Mark's an LLC. We tend to an LLC,
Speaker 1: is right. We talked about how you do LLC sometimes
Speaker 1: as a poor man's trust. But an LLC is a person,
Speaker 1: an entity. I mean you know what I mean by that.
Speaker 1: It's a separate thing. Yeah, it's a separate thing. Yeah. Now,
Speaker 1: so your advice then, Jennifer, I mean not your advice
Speaker 1: but I think he said, you just have to open
Speaker 1: a new one right in the name of the trust
Speaker 1: with the bank and then transfer the funds.
Speaker 6: Yes, I mean a critical thing is like right now
Speaker 6: in Colorado, you can give away up to eighty two
Speaker 6: thousand bucks without having to use a probate process.
Speaker 1: That's sure.
Speaker 6: Do you just need to make sure that whatever's not
Speaker 6: in the trust doesn't exceed eighty two thousand dollars in values. No,
Speaker 6: most of my clients that you know, five to ten thousand.
Speaker 6: That's what Trager's probate. If a person passes away and
Speaker 6: there's more than eighty two thousand bucks in their name,
Speaker 6: you're going to have to put in a probate case
Speaker 6: to go get it.
Speaker 1: Wait wait, wait, if it's in the trust though, No, no, no, no,
Speaker 1: that trust takes it out of their name. Oh that's
Speaker 1: what I mean, got it? Okay, So you're saying there's
Speaker 1: more than go ahead, Mark, Well, I just thought about this.
Speaker 3: We just had to go through on Well, I had
Speaker 3: to go through on every company we own and.
Speaker 1: Fill out that new paperwork.
Speaker 3: I did it, Mark, Yeah, Well I know our company, Okay,
Speaker 3: I had to do it for other companies too.
Speaker 1: Oh.
Speaker 3: Okay, okay, But here's what I'm asking. Do you have
Speaker 3: to do that for a trust? Do you have to
Speaker 3: report to the FED? The OI actually owns.
Speaker 1: It, the beneficial owner information now the OI? No, no, no, no,
Speaker 1: here you think by the way, Mark, Yeah, yeah, I
Speaker 1: did it on all ours. You might have been redundant
Speaker 1: if you did it on ours. But and in any case,
Speaker 1: didn't it only take you five minutes? People were bitching
Speaker 1: about this. It took me five minutes for each one.
Speaker 1: Yes online anyway three ol three seven one three eight
Speaker 1: two five five Go with a sure thing Denver's best
Speaker 1: roofer Excel Roofing dot com. You don't pay a cent
Speaker 1: until you're content. Wait time for an insurance check up free,
Speaker 1: no obligation. In comparison, call Compass Insurance paying too much
Speaker 1: your coverage at dozens of insurance companies find out now
Speaker 1: three all three seven to seven to one help. You'll
Speaker 1: think you're his only customer when you choose Frank durand
Speaker 1: the real estate Man dot com to list your home
Speaker 1: with Remax Alliance three all three nine two zero sixteen
Speaker 1: twenty two Tom Martino here eight eight eight heating dot com.
Speaker 1: If you couple it with solar the high efficiency units
Speaker 1: they sell, you can get a tax credit on all
Speaker 1: of it. Eight eight eight. Heating dot Com also has
Speaker 1: the Deep Clean for forty five bucks eight eight eight
Speaker 1: Heating dot Com. Let's keep going here, so I want
Speaker 1: to take people in order here because people have been waiting,
Speaker 1: and I'll get to all of you, I promise. Jessica.
Speaker 1: What's going on, Jessica, Welcome.
Speaker 9: Me, Jessica.
Speaker 1: Yeah, what's going on?
Speaker 11: Jess I'm talking to Tom Martino?
Speaker 9: Is that?
Speaker 1: Oh my god? Yeah, yess I'm talking to Jessica's going
Speaker 1: what's going on, Jessica.
Speaker 11: Well, I have to say you my father I love
Speaker 11: your show and we've listened for years.
Speaker 14: And he called me last night and said, if you
Speaker 14: don't call Tom Martino, then I don't know if you
Speaker 14: can come home for Christmas because he believes you can
Speaker 14: help me, and you might be the only one.
Speaker 1: Maybe I hope not. Now that now that's big shoes
Speaker 1: to fill. And by the way, when when most young women,
Speaker 1: when when we're out and about and and Stephanie and
Speaker 1: Iron and a young woman comes up, she starts out
Speaker 1: by saying, my grandfather loves you or or in your case,
Speaker 1: your dad, So what's going on? Well, I will also say.
Speaker 14: I grew up in Colorado listening to your show as well,
Speaker 14: so this is very surreal and I will try to
Speaker 14: keep my excitement together.
Speaker 1: Okay, what's going on?
Speaker 8: This sounds serious, isn't It is quite serious.
Speaker 11: My two children and the fact that I'm a single
Speaker 11: mom fighting a custody battle.
Speaker 14: In Illinois and I've been doing it with the help
Speaker 14: of my father who's an engineer in Colorado, and he
Speaker 14: and I together have been writing motions.
Speaker 1: Okay, here's what I need to know. Okay, why is
Speaker 1: it in Illinois right now? Is that where you were married?
Speaker 1: Or were you married?
Speaker 14: I was married and yes we he my ex husband
Speaker 14: is from Chicago and the case is out of DuPage
Speaker 14: County in Illinois.
Speaker 1: Is this during a divorce or after a divorce?
Speaker 11: It's a post judgment case at this point.
Speaker 1: So here's what I need to know, and the reason
Speaker 1: I'm bulleting. The reason I'm bulleting questions rather than the story.
Speaker 1: And I'll let you tell the story. But the reason
Speaker 1: I'm doing that is to line up who we should
Speaker 1: talk to. So here's what I need to know. Was
Speaker 1: the divorce decree final and then he went back for custody.
Speaker 14: It was the day of the divorce was final. She
Speaker 14: told me not to show up, so he, in effect
Speaker 14: just got.
Speaker 11: What he wanted. And I've been fighting that ever since.
Speaker 1: Okay, now, hold on, you mean to tell me that
Speaker 1: was there a here? Wait? Was there an actual hearing
Speaker 1: for the final divorce decree? Or was it done online?
Speaker 1: And back and forth?
Speaker 14: He was a judgment entered on default of me not
Speaker 14: showing up.
Speaker 1: Okay? And you didn't show up because you trusted him.
Speaker 11: Yeah, he told me if I came, he'd got me arrested, and.
Speaker 9: I believe that.
Speaker 1: Now, wait a minute. At the time, what was the
Speaker 1: status quo at the time? Were you here in Colorado
Speaker 1: with your children?
Speaker 11: No, my children have never been to Colorado see their grandparents.
Speaker 1: Are you in Colorado?
Speaker 7: Are you in Colorado Illinois?
Speaker 1: Okay?
Speaker 10: That's what?
Speaker 1: Okay, good, and now that makes sense. Okay, So Jessica,
Speaker 1: you get divorced, you're there and upon filing the divorce
Speaker 1: where this is really important, where were the kids living
Speaker 1: up to the final decree in our.
Speaker 11: Mutual marital home which was in Downers Grove?
Speaker 1: But who had them? Who had them? You were him?
Speaker 11: In that at left because he kept involving the cops
Speaker 11: and I was struggling with postpartum depressions and alcohol and
Speaker 11: it was so untenable that when I left to move
Speaker 11: into a hotel that he moved me into, effectively, the
Speaker 11: court looked at that.
Speaker 1: As abandonment, as a status quo. That's right. So the
Speaker 1: kids were with him at the time. And who filed hint?
Speaker 1: Did he file or did you file?
Speaker 11: He filed the day after me.
Speaker 1: Okay. So, okay, So here's the problem. They looked at
Speaker 1: that exactly as you said. You were the the alcoholic
Speaker 1: mom left the kids, and then he had his way
Speaker 1: right now, when he filed for divorce, did you hire
Speaker 1: an attorney?
Speaker 14: I did, and haphazardly stumbled upon the one that was
Speaker 14: representing Scott Peterson, Drew Peterson, And so thus began my
Speaker 14: debacle of Illinois court system.
Speaker 1: Okay, here's what I need to know. When did you
Speaker 1: have an attorney at the time the final decree was
Speaker 1: entered without your appearance?
Speaker 11: No?
Speaker 1: Okay, So you made a decision on your own. There
Speaker 1: wasn't bad counsel. You made a decision on your own
Speaker 1: not to show.
Speaker 10: Up, correct, Okay?
Speaker 11: And I did not know.
Speaker 1: I did not Usually default judgments, usually default judgments in
Speaker 1: a divorce are easily contestable, easily, especially when there's threats
Speaker 1: and stuff. But how long ago was this default judgment?
Speaker 11: April seven, twenty fifteen.
Speaker 1: Oh my god, Oh my god.
Speaker 15: Exactly.
Speaker 1: And they told me, okay, hold on, this is really bad.
Speaker 1: But that still doesn't preclude you from being a parent forever. Okay,
Speaker 1: there's no life the kids. There's no life sentence. There's
Speaker 1: no life sentence against being a parent. Okay. Mark asked
Speaker 1: that question. I'm sorry, how old are the children? How
Speaker 1: old are the kids now? That's nine years ago.
Speaker 11: Yes, my daughter is going to be thirteen in March,
Speaker 11: and my son is eleven and a half.
Speaker 3: Don't they, okay say at that age, I'm sorry, more
Speaker 3: or less asking time. Don't they have a lot to
Speaker 3: say at that age?
Speaker 1: They do have some say, the course still take jurisdiction.
Speaker 1: Hold on, let's come back to you, okay, and we're
Speaker 1: gonna get We're gonna try to get an attorney on
Speaker 1: for the next hour. But I want to come back
Speaker 1: with some parting words. I don't want you to leave.
Speaker 1: I'm Tom Martino, go with a sure thing Denver's best
Speaker 1: roofer Excel Roofing dot com. You don't pay a cent
Speaker 1: until you're content. Time for an insurance check up free
Speaker 1: no obligation comparison call Compass Insurance paying too much your
Speaker 1: coverage at dozens of insurance companies find out now three
Speaker 1: all three seven seven to one help. You'll think you're
Speaker 1: his only customer when you choose Frank durand the real
Speaker 1: estate Man dot com to list your home with Remax
Speaker 1: Alliance three all three nine two zero sixteen twenty two.
Speaker 1: Hi Tom Martino here at three all three seven one
Speaker 1: three talks seven one three eight two five five. So
Speaker 1: here here's the bottom line, Jessica. Okay, usually you know,
Speaker 1: for get the divorce and the fault judgment all that.
Speaker 1: That's all too late. It really is. Right now, let's
Speaker 1: just boil it down. You want some kind of role
Speaker 1: in your kids' lives? Is that it in a nutshell
Speaker 1: without going through the injustices you suffered?
Speaker 12: Correct?
Speaker 1: Okay, Now, normally the courts, normally the courts do not
Speaker 1: oppose biological parents who want to come back into the
Speaker 1: kids' lives, but the other parent can. So did you
Speaker 1: out of nowhere for the last ten years. I need
Speaker 1: to know something. Last nine years, have you been visiting
Speaker 1: your kids?
Speaker 11: Yes, and I have.
Speaker 1: How often do you visit.
Speaker 11: Them right now?
Speaker 1: Currently the current over the past nine years. What has
Speaker 1: been the frequency of your visits.
Speaker 14: Over the past alternating weekends to once a week as, okay.
Speaker 1: So you had court ordered visit. Wait, you had court
Speaker 1: ordered visitation.
Speaker 11: Correct. As we were inching towards a trial.
Speaker 1: What kind of trial?
Speaker 14: We need to decide a ton of things. It's still
Speaker 14: deciding for parenting excuse me, parenting time. I mean I
Speaker 14: owe back child support to the tune of thirty thousand dollars.
Speaker 1: So I went, ho, ho, hold on? Were you making
Speaker 1: more money than him?
Speaker 11: No?
Speaker 9: I was okay at home, MoMA.
Speaker 11: My exes destroyed me.
Speaker 9: I can't even get.
Speaker 1: Another There was a child, there was a child support order?
Speaker 1: Oh yes, okay, So you owe thirty grand and back
Speaker 1: to child support?
Speaker 11: Yes, and every month I'm expected to pay eight hundred
Speaker 11: and fifty four dollars.
Speaker 1: Okay.
Speaker 11: Now he's an.
Speaker 14: Attorney who net five hundred thousand dollars.
Speaker 1: Wait, so, okay, okay, your husband is a your ex
Speaker 1: is an attorney, and.
Speaker 11: That's a part of the storyline as well.
Speaker 1: Yeah, but there's not much you can do about it.
Speaker 1: I mean, that's what he is. But so so it
Speaker 1: doesn't matter what he makes. You have to pay some
Speaker 1: child support and what was the child support order originally?
Speaker 1: The eight hundred is making up brears too, So what
Speaker 1: is the normal support that they imputed to you?
Speaker 15: Oh?
Speaker 1: Once that, I mean back back when they back when
Speaker 1: the order came out. How much a month were you
Speaker 1: required to pay forty five dollars?
Speaker 14: Because I was making one hundred thousand dollars at the
Speaker 14: children's hospital the last couple of years until I recently
Speaker 14: got laid off. What were you doing as the secretary
Speaker 14: into your finance department?
Speaker 1: Okay, hold on, We're going to consult an attorney. Let's uh, Mark,
Speaker 1: is Bonnie around? Oh way? Mark might be off right now.
Speaker 1: Hold on, We're going to try to get an attorney
Speaker 1: on to talk to Hang on, and I'll take your
Speaker 1: other questions. Henry. I'm going to take you next on
Speaker 1: the will and trust, and then we'll come back to
Speaker 1: her with an attorney. Hang on, And then Jennifer, we
Speaker 1: got you too. Go with a sure thing Denver's Best
Speaker 1: roofer Excel Roofing dot com. You don't pay a cent. Hell,
Speaker 1: you're contenth time for an insurance check up free, no obligation.
Speaker 1: In comparison, call Compass Insurance. Pay too much your coverage
Speaker 1: at dozens of insurance companies find out now three oh
Speaker 1: three seven seven to one help. You'll think you're his
Speaker 1: only customer when you choose Frank durand the real estate
Speaker 1: man dot com to list your home with Remax Alliance
Speaker 1: three oh three nine two zero sixteen twenty two. Yeah,
Speaker 1: ripped of news, need advice?
Speaker 15: Who you don't have?
Speaker 16: Run anxious susas as the can Shooter's gonna help?
Speaker 7: Come man, This is.
Speaker 2: The Troubleshooter Show. Now, Tom Martine, Hi.
Speaker 1: Tom Martino here, Welcome to the show. Three all three
Speaker 1: seven one three talk seven one three eight two five five.
Speaker 1: What's on your mind today? We are here trying to
Speaker 1: solve problems, answer questions, take complaints, make your life a
Speaker 1: little easier. And we do have a question for Dan mackenzie.
Speaker 1: And then we have one more attorney we're trying. We
Speaker 1: couldn't get a hold of two attorneys that we have
Speaker 1: for family law. We're going to go to a third
Speaker 1: one to see we can get some advice and so
Speaker 1: hang in there, Jessica Jennifer as a landlord issue. But
Speaker 1: Henry wants to talk about Wilson Trust and we have
Speaker 1: with us today Dan Mackenzie, attorney at law, and he
Speaker 1: Mackenzie Law, and he does a state planning and you
Speaker 1: know what do you call it? What kind of law?
Speaker 1: It's a state planning basically, right, Okay, state planning, state administration.
Speaker 1: Go ahead, Henry, what is your question? Ahi?
Speaker 7: Well, first I want to say I've been listening to
Speaker 7: you for forty years.
Speaker 1: Okay, confirming that I'm an old fart. Thank you.
Speaker 7: Oh yeah, I couldn't confirm that because I've been listening
Speaker 7: to you for many years.
Speaker 1: So what's going on?
Speaker 7: Well, I have a lot of assets and I just
Speaker 7: don't know where to find an attorney or how because
Speaker 7: I need to set up a trust. I haven't set
Speaker 7: up anything anything.
Speaker 1: Okay, First of all, let's talk about your need and Dan,
Speaker 1: this is something by the way, as you know, I
Speaker 1: started that financial advisement firm and people before they even
Speaker 1: come to me for investment, I asked him about their state.
Speaker 1: You'd be shocked at how many people have done nothing.
Speaker 1: And I said, well, you need to do something there.
Speaker 1: That doesn't mean you you have to put money in it,
Speaker 1: but you have to have a plan. And then so
Speaker 1: his question I'm going to ask him, is this, what
Speaker 1: do you have that you think you need to estate
Speaker 1: plan for? Because some people need estate plan so everyone
Speaker 1: needs something a simple will most everyone, but you may not.
Speaker 1: It may not be that complicated. So let's talk about
Speaker 1: your overall situation. When you say you haven't set up anything.
Speaker 1: What is your situation? Are you working or retired?
Speaker 7: I am working and I'm a farmer. I own forum ground?
Speaker 7: I do you own?
Speaker 1: What? What did you say, foreman?
Speaker 7: Forum ground? I'm a farmer?
Speaker 1: I oh, a farmer. I'm sorry. Okay, so so listen
Speaker 1: man how much? Let me just ask you this. If
Speaker 1: you just in rough estimates, if you have all your assets,
Speaker 1: your farm, your land, whatever, you have some bank accounts,
Speaker 1: investment accounts, and then you have your debt, what is
Speaker 1: the net? What are what are you worth? So to speak?
Speaker 7: I would say around over like five and a half million, Okay,
Speaker 7: that would probably be a million and a half.
Speaker 1: But what kind of cash do you have as far
Speaker 1: as at risk? As far as that? Because the estate
Speaker 1: plan takes into consideration everything, and you do have to
Speaker 1: set something up if you have nothing, you don't even
Speaker 1: have a will? No? How much okay? Of that is
Speaker 1: most of that land and house and all that? Or
Speaker 1: do you have any kind of cash?
Speaker 10: I got no cash.
Speaker 12: I'm just just just.
Speaker 7: Use use the bank to operate the phone.
Speaker 1: Okay, okay, got it. Now upon your demise when you
Speaker 1: go on to heaven, are you going to do you
Speaker 1: believe your heirs will simply sell?
Speaker 7: They don't want to sell. They actually, my children actually
Speaker 7: want to hold on to the land. I would be
Speaker 7: the one I would like to sell.
Speaker 1: Do they want to hold on to the land for love?
Speaker 1: Or do they work the farm with you?
Speaker 9: Now?
Speaker 7: They or work the forum? It's just for the love.
Speaker 1: Well, that's ridiculous. Then how much land is it?
Speaker 7: Oh, it's a total about a little over six hundred acres.
Speaker 1: And where is it located? In general? Don't give me
Speaker 1: your address? Where is it in general?
Speaker 7: And in morgan Cony?
Speaker 1: Okay? Now does your farm make you money? Really make
Speaker 1: you money? Or do you feed it?
Speaker 7: I'm kind of just feeding that. It has only made
Speaker 7: me money. And what the assets have gone on that? Yeah?
Speaker 1: Yeah, But how do you live what I'm what I'm
Speaker 1: talking about. How do you get operating.
Speaker 7: Capital from the if I'm forming it?
Speaker 10: Some years, I do, I do well in some Okay.
Speaker 1: Even so, you do have a cushion in the bank.
Speaker 1: Or do you have a line of credit?
Speaker 7: I have a line of credit?
Speaker 1: Okay? And the line of credit goes up and down
Speaker 1: with your crops, right or? Or or are they crops
Speaker 1: I'm assuming? Or is it meat? Is it crops? What
Speaker 1: crops do you do you raise?
Speaker 7: I always do corn?
Speaker 1: And is it corn for feed or is it corn
Speaker 1: for people?
Speaker 7: It's for feed?
Speaker 1: Okay. So that operation either makes money or breaks even
Speaker 1: or loses a little, depending on the year exactly, and
Speaker 1: you operate it with the hopes of having the equity
Speaker 1: that the farm has appreciated with right, yeah, okay, so
Speaker 1: that's your situation. Now you mentioned did you mention your dad?
Speaker 1: Did I hear you mentioned your dad? No?
Speaker 7: Not my dad, No, My my parents are long.
Speaker 1: Okay. You said somebody has a million, and you had this,
Speaker 1: and somebody else has a million. I mean I thought
Speaker 1: you mentioned another person. You didn't.
Speaker 7: No, I just a million and a half death that
Speaker 7: I own.
Speaker 1: I got it.
Speaker 7: Yeah, And I have other assets than just the forum ground.
Speaker 1: Okay, are the other assets equipment?
Speaker 7: Yeah, equipment and oh just equipment. And I gotta.
Speaker 1: Now, what what is your desire right now? Henry? Right now?
Speaker 1: I think Dan McKenzie, I think he would have to
Speaker 1: be concerned with and again they can do anything they
Speaker 1: want with it, but his main concern is how to
Speaker 1: pass on that land?
Speaker 9: Right?
Speaker 1: Is that going to be the main deal? How to
Speaker 1: pass on the farm?
Speaker 10: Yeah?
Speaker 1: I mean who are you? Who are your heirs?
Speaker 7: Do you know that my children would be my heir?
Speaker 10: How many we have four children?
Speaker 1: And are they all in agreement? Are they greedy or
Speaker 1: do you think they're tell me about your kids?
Speaker 7: Well, they are all kind of set on me, wanting
Speaker 7: to keep the hold onto the land. At least I
Speaker 7: have land that has water rights that is much more
Speaker 7: valuable than I have some dry land, and the one
Speaker 7: that has water rights they really like to keep it by.
Speaker 7: At the same time, they have never done anything or
Speaker 7: they're not willing to worry about anything. So for that reason,
Speaker 7: I don't know.
Speaker 1: Can he Can he do a trust that orders everything
Speaker 1: for sale, but that doesn't give them a choice?
Speaker 10: You can?
Speaker 6: I mean, I I'm a little bit hesitant to do
Speaker 6: something like that because you just don't know what the
Speaker 6: market is going to be. Like, you could be ordering
Speaker 6: a sale in the middle of, you know, a crisis
Speaker 6: in the real estate market, for example, and it's just like.
Speaker 1: Well, how about a sale when when I don't know
Speaker 1: what I'm saying, is I see that he's going to
Speaker 1: have a lot of conflict here if he doesn't put
Speaker 1: some terms up.
Speaker 6: Throwing four kids into basically a business ownership together, and
Speaker 6: especially when they're now, especially farm and work it and
Speaker 6: all that kind of stuff is not going to work.
Speaker 1: That's not a good idea.
Speaker 6: But yeah, I mean you could have you could have
Speaker 6: a trustee or a personal representative.
Speaker 1: It could be one of them.
Speaker 6: Maybe it should be somebody else who can be a
Speaker 6: little bit more dispassionate, who can step in and figure
Speaker 6: out what is the best course of action here, because
Speaker 6: maybe some want it and some don't, maybe none of
Speaker 6: them want it. But somebody who can just get in
Speaker 6: there and neutraally figure it out.
Speaker 1: And now, remember, there's going to be a few things
Speaker 1: you have to know if you do it will for sure.
Speaker 1: Now when you die, they're going to inherit the debt.
Speaker 1: They're going to have to pay off that debt? Okay,
Speaker 1: that debt is you? I assume you have a first
Speaker 1: deed of trust against the farm? Is that right?
Speaker 7: Yeah, there's a Yeah, there is a deed of trust.
Speaker 1: You're like, we're a mortgage right right? Now?
Speaker 10: Do you do you?
Speaker 1: Let me ask you this. Do you have life insurance? I?
Speaker 1: Do we do? For how much?
Speaker 7: We both have a million dollar life insurance?
Speaker 1: Who's both you and your wife?
Speaker 7: Yes?
Speaker 1: Okay?
Speaker 7: And it will expire probably mine will probably expire within
Speaker 7: like ten years or so.
Speaker 1: Is it term insurance?
Speaker 17: Is it term?
Speaker 1: Okay?
Speaker 10: Yes?
Speaker 1: Okay? Now, Dan, what your advice would be? A will
Speaker 1: for sure? And then he'd have to think about a trust.
Speaker 1: And if I was him in this can, I would
Speaker 1: do a trust with a trustee I know, and trust
Speaker 1: to do the right thing, because I just think your
Speaker 1: kids are not going to be able to come to
Speaker 1: an agreement on what to do with the land. Is
Speaker 1: that land truly worth about four million? Five million? Did
Speaker 1: you say?
Speaker 7: Yeah? That's what some of the Atlanta's worth A minimum
Speaker 7: twelve thousand of acre, that's what it?
Speaker 1: Would people buy it?
Speaker 7: Then?
Speaker 1: Are people going to buy it?
Speaker 9: Yeah?
Speaker 7: Yeah, Okay, it's an area where it sounds really good.
Speaker 1: Can I ask you something silly? Have you ever considered
Speaker 1: how old are you right now?
Speaker 7: Sixty two?
Speaker 1: Okay, you're pretty young. Have you ever considered selling before
Speaker 1: you die and just taking the money and then doing
Speaker 1: a trust and some planning with the money.
Speaker 12: I would do it.
Speaker 7: I would like to do exactly that. I'm having a
Speaker 7: conflict with my wife. My wife is on the children's side.
Speaker 7: She doesn't want that. She wants to leave the land
Speaker 7: for the children and at least.
Speaker 1: And uh wait wait, lease it to someone else to
Speaker 1: create income.
Speaker 7: No, it's income. We could never get off it as
Speaker 7: long as I own mind.
Speaker 1: No, No, I mean as far as you said leasing it.
Speaker 1: So so does your wife want o leave it?
Speaker 10: Leave it?
Speaker 1: But okay, but does your wife figure do you do?
Speaker 1: What about if you want to just retire and you
Speaker 1: want to take it a little easy, and you want
Speaker 1: to maybe have a small annuity and some other money
Speaker 1: somewhere else and for your kids and trust for your kids.
Speaker 1: I mean, she doesn't think that's a good idea.
Speaker 7: No, that's exactly what I want.
Speaker 10: She does not want that.
Speaker 1: Well, who's the boss? And I mean this sincerely, who's
Speaker 1: the boss legally in writing? Does she own have she.
Speaker 7: Owns house, She's on everything, So would.
Speaker 1: She oppose you doing it completely? I mean literally not
Speaker 1: go along with it? To it? So she wants you
Speaker 1: to work till you die because really you're going to
Speaker 1: have to because the land doesn't produce. You know, what
Speaker 1: I'm saying is without you working it, you're not going
Speaker 1: to have income. No, and Social Security isn't going to
Speaker 1: pay the debt service. So does she just want you
Speaker 1: to work until you, you know, buy the farm.
Speaker 7: I don't think she really wants to, but I think
Speaker 7: she sees that there's an option in that. In my opinion,
Speaker 7: there isn't.
Speaker 1: Well what option does she see? I mean, does she
Speaker 1: know reality? Like you're the one creating income. Equity without
Speaker 1: income is nothing, Equity without cash flow is just equity.
Speaker 1: And and if you sit there, there's a chance literally
Speaker 1: you and your wife could lose by not having the
Speaker 1: wherewithal to pay off that debt.
Speaker 7: I've been bringing them out across her many times.
Speaker 1: Well, she's got is she She's not stupid? And I'm
Speaker 1: asking out of respect. She's not stupid, is she?
Speaker 7: No, she's not.
Speaker 10: She's just.
Speaker 7: Just seeing it one way I guess.
Speaker 1: Because you got to look at reality and you have
Speaker 1: to see that the land in and of itself is valuable,
Speaker 1: but it's not valuable if you can't pay the debt service.
Speaker 1: In fact, you're gonna end up losing it if you
Speaker 1: don't work it. And if you work it, you're gonna
Speaker 1: you have to work until you leave it to your kids.
Speaker 1: So you're you're working right now for nothing more than
Speaker 1: leaving that to your kids. And then they're gonna have
Speaker 1: to pay it off. And and how do they think
Speaker 1: they're gonna pay it off? So let's say you die
Speaker 1: in a few years and you'll a million. Let's say
Speaker 1: you die in many years, but you still owe a
Speaker 1: million bucks. It's gonna take a long time to pay
Speaker 1: off a million and a half. So let's say you
Speaker 1: owe a million bucks. How are they going to pay
Speaker 1: that off? Are they going to sell enough land to
Speaker 1: pay it off?
Speaker 7: That's what they would have to do. Either that or
Speaker 7: they would have to they don't have a good job.
Speaker 7: Either that or they would have to make payments on
Speaker 7: their jobs and tell it would be paid off.
Speaker 1: But they can't. They got to refinance it. They don't
Speaker 1: get to take over your loan. See, your wife doesn't
Speaker 1: understand this stuff exactly. So I mean, it's all well
Speaker 1: and good that you're calling, you want to talk to
Speaker 1: Dan McKenzie and all that, but really you better plan.
Speaker 1: Beyond planning. You have to plan for your demise and
Speaker 1: what to do with this stuff. But you're not thinking
Speaker 1: of the time between now and the time you die.
Speaker 1: You're not thinking about the practicality, and either is your wife.
Speaker 1: I mean, even you can sell enough, even you can
Speaker 1: sell enough to possibly pay off the loan and then
Speaker 1: keep the rest, then all you have to worry about
Speaker 1: our taxes and you won't have to work as hard.
Speaker 1: But you're going to be working basically the rest of
Speaker 1: your life because the land doesn't give you a pension
Speaker 1: for being the farmer.
Speaker 7: Well, I see that. I realize that it's my other
Speaker 7: house that has not realize it.
Speaker 1: Well, what if your other have talked to an attorney
Speaker 1: who knows about it and they I'm not saying that
Speaker 1: they would, you know, force themselves on you, But if
Speaker 1: you did a state planning an attorney asked questions, is
Speaker 1: she wise enough to see, well, wait a minute, he
Speaker 1: is getting older and eventually we have to make a plan.
Speaker 1: Do any of your kids want to work it?
Speaker 9: No?
Speaker 7: And that's why I, Paul, I think I would like
Speaker 7: to sometime when her sits down with an attorney and
Speaker 7: have an attorney explained.
Speaker 1: That to her. Okay, I'll tell you what just you
Speaker 1: that that's a good idea. You leave. You know, you
Speaker 1: you go to Dan mackenzie and talk to him for
Speaker 1: a consultation. Okay, now, listen like that, you should and
Speaker 1: you should talk to your You should contact Dan good
Speaker 1: his number, give him your local number three oh three,
Speaker 1: five seven eight two seven four or five five seven
Speaker 1: eight two seven four or five. All right, we'll get
Speaker 1: a door and do me a favor. Leave your information
Speaker 1: with Kelly as well for him, because listen, man, I
Speaker 1: feel here's what I feel. You need to worry about you, bro.
Speaker 1: You need to worry about you and and and I'm
Speaker 1: not suggesting. Look look at I'm not trying to talk
Speaker 1: into anything. But you are sixty two. That's okay. You
Speaker 1: can probably go another ten years if you want, if
Speaker 1: you want. But eventually the farm does not say good job,
Speaker 1: good job, and take it easy now and then I'll
Speaker 1: wait around for your kids. They're not going to do that. Henry,
Speaker 1: You're going to be left high and dry, and at
Speaker 1: that time it'll be even harder to plan. That's why
Speaker 1: you do it earlier, Kaschina get his information. You can
Speaker 1: ask that question on the way back. I am so
Speaker 1: overtime right now. Three oh three seven one three eight
Speaker 1: two five to five. Go with a sure thing Denver's
Speaker 1: best roofer Excel Roofing dot com. You don't pay a
Speaker 1: cent until you're content. Time for an insurance check up free,
Speaker 1: no obligation. In comparison, call Compass Insurance paying too much
Speaker 1: your coverage at dozens of insurance companies find out now
Speaker 1: three oh three seven to seven to one. Help. You'll
Speaker 1: think you're his only customer when you choose Frank durand
Speaker 1: the real estate Man dot com to list your home
Speaker 1: with Remax Alliance three oh three nine two zero sixteen
Speaker 1: twenty two. Hi Tom Martino here, three oh three seven
Speaker 1: one three talk seven one three eight two four.
Speaker 10: All right.
Speaker 1: So, one other thing that Deputy D brought up on
Speaker 1: that last call that we should talk about is that
Speaker 1: debt he has can go up or down based on
Speaker 1: his years, so he could end up actually owing more,
Speaker 1: owing a little less. Whatever. It's really a bad situation.
Speaker 1: He's got a job right now, he doesn't have wealth.
Speaker 1: His kids will have wealth if they sell and divide
Speaker 1: the money. But they say they want to keep the land.
Speaker 1: Do you know how many I want to ask Dan
Speaker 1: McKenzie this real quick, Dan, how many families have you
Speaker 1: seen that make decisions out of emotion that you see
Speaker 1: are dead wrong? And I don't know how else to
Speaker 1: put it. How often have you seen that?
Speaker 6: I mean, I think that's the problem with estate planning
Speaker 6: in general, is it's very driven by emotion.
Speaker 1: You see that in family law too.
Speaker 6: You know, when you've got two businesses, touing each other
Speaker 6: can be a little bit more of a business decision.
Speaker 6: But there's just stuff like you know, people have sentimental attachment,
Speaker 6: si sentemon attachment to the parents.
Speaker 1: You know, it's just really hard to get over that.
Speaker 1: And they're decisions. They're not necessarily wise, that's right. Yeah,
Speaker 1: And so oh, we want to keep the land. I've
Speaker 1: seen people want to keep land and go broke and
Speaker 1: they here's what I found One time. I saw a
Speaker 1: guy one time that inherited some stuff from his dad,
Speaker 1: some property. He had such an emotional attachment to the
Speaker 1: property he kept, but he had no way to support it.
Speaker 1: So what he would do is when it went up inequity,
Speaker 1: he would borrow. Then he would use that money to
Speaker 1: make payments on the loan. And he kept doing that,
Speaker 1: and I said, you understand, you are spiraling to nowhere.
Speaker 1: And eventually, guess what happened. He owed so much he
Speaker 1: could no longer pull money out. And he said, I
Speaker 1: lost the building. I said, no, you didn't. You sold
Speaker 1: it over time. Yeah, you know what I mean. They
Speaker 1: took the building and he walked away. He got paid
Speaker 1: every penny on that building. Maybe that addressed his need
Speaker 1: with hout the guilt. That's a good way to do
Speaker 1: it anyway. Three three seven one, three eight two five five. Look,
Speaker 1: I'm telling you you'd be shocked at what we come
Speaker 1: across with people when it comes to their finances and
Speaker 1: their investments. I mean, there have been a number of
Speaker 1: people I told you have no business investing money. Literally,
Speaker 1: you know your house is not in order.
Speaker 18: Now.
Speaker 1: I don't mean I'm going to preach to him, but God,
Speaker 1: I mean, you know, and this is some of the
Speaker 1: the moral issues I come up against with people that
Speaker 1: their financial advisors should have told them or their insurance,
Speaker 1: salesman or annuity. You don't need this. What you need
Speaker 1: is to pay off that high interest debt first, or
Speaker 1: you need to make sure you have shelter, or you
Speaker 1: can't work until you're eighty. This is what people need
Speaker 1: sometimes they need a good, hard dose of truth. Now,
Speaker 1: hang on, Jessica, we're still trying to get an attorney. Okay,
Speaker 1: hang on, let's talk to Jennifer. Jennifer, what's going on
Speaker 1: with their tenant landlord issue? What's happening? Are you the
Speaker 1: tenant or the landlord?
Speaker 12: I'm the tenant.
Speaker 1: What's going on? So?
Speaker 17: I moved in this house maybe about a year ago,
Speaker 17: and since we've moved in, we've had all types of
Speaker 17: crazy floods, floods, the sewer line back up.
Speaker 1: Oh no, is this a house? Is this a house?
Speaker 11: House?
Speaker 1: Okay? So you moved in a year ago into a
Speaker 1: single family house. And when was your first back sewer backup?
Speaker 12: February? I moved in in November. My first sewer backup
Speaker 12: was in February.
Speaker 1: Okay, So November of twenty three, and then you had
Speaker 1: a backup in February? Okay? And what did the landlord do?
Speaker 12: It took them five months, Steven's figure out what it was.
Speaker 12: They didn't do anything.
Speaker 1: Well, hold on, wait, wait, wait wait, they must have
Speaker 1: sent a crew to clean up the stuff come up.
Speaker 17: Well, they they did, and then we were still living
Speaker 17: in the home. So they were like, as long as
Speaker 17: you're living here, it's no point of cleaning. So it
Speaker 17: got to a points of where they stopped cleaning it
Speaker 17: up altogether because they were as long as you're staying.
Speaker 1: Stop cleaning it up. What do you mean, like, like,
Speaker 1: when when that's the sewage backed up? What did they
Speaker 1: do about? They left it in the basement.
Speaker 12: And we cleaned it up ourselves.
Speaker 1: Oh no, no, no, no, no, why are you still there?
Speaker 17: So I'm I'm actually supposed to be moving out, but
Speaker 17: I don't have So this is my third house that
Speaker 17: I've been in that's been in this type of condition
Speaker 17: to where I just have to get up and go.
Speaker 12: And I'm a mother and I have five kids that
Speaker 12: live in my house regularly.
Speaker 1: Jennifer, are these five kids your biological children? Yes? All
Speaker 1: of these are my biological Okay, now, Jennifer, oh go ahead,
Speaker 1: you have one that will.
Speaker 12: I have one that's not in the home. Because this
Speaker 12: was an issue that starts.
Speaker 17: So we have a custody issue because I've been so unstable,
Speaker 17: it is an issue with school for the kids.
Speaker 12: So I have a custody case going on.
Speaker 17: So I have another kid that's supposed to be doing
Speaker 17: therapy in home, but we can't bring him home because
Speaker 17: he has asthma in the house.
Speaker 12: You turn sets back to me.
Speaker 1: Hey, Jennifer, Jennifer, I want one thing at a time.
Speaker 1: Let's talk about this house. So you're living in this house.
Speaker 1: This had continual sewer backups. Now the landlord doesn't blame
Speaker 1: you for those, does he No? Okay, but they don't
Speaker 1: attend to it. So now you're finding this situation unbearable.
Speaker 1: And how long is your lead? By the way, just
Speaker 1: tell me this because this would complicate things. Have you
Speaker 1: withheld rent? No, you've been paying your rent on time
Speaker 1: every time. Yes, And that landlord still has not had
Speaker 1: the decency to do a good clean of that house.
Speaker 17: No, and we've so we're on housing also, So we've
Speaker 17: gotten housing. So it's sailed all the inspections.
Speaker 12: Now we're having leaks.
Speaker 17: From the ciling, and the still rooms have been cut
Speaker 17: out or have fell out.
Speaker 1: Well, what do you say? What do you want us,
Speaker 1: and I mean this sincerely. What do you want us
Speaker 1: to do? When you called us? Do you want to
Speaker 1: get out of the lease? Do you want someone to
Speaker 1: call this landlord? Oh it sounds to me like landlord
Speaker 1: doesn't give it. Damn no.
Speaker 12: So this is a corporation okay, but.
Speaker 1: It's still a landlord. I don't think they care.
Speaker 12: No, they don't.
Speaker 17: What's the name of the corporation, Main Street Renewal, Main
Speaker 17: Street Renewal. They're located in Texas, their main office. But
Speaker 17: every time you call, it's like everything is like third party.
Speaker 17: So when you you get a call center, when they
Speaker 17: send somebody out, they have to like do a bid.
Speaker 1: And I know, yeah, I know. It's a big, big,
Speaker 1: giant company. Listen, what do you want.
Speaker 12: I'm ready to move. I need some help moving out.
Speaker 15: Okay, ready to go?
Speaker 1: And are they gonna fight you? When is your lise up?
Speaker 12: I just actually renew to lease.
Speaker 1: But do you think do you think they'll let you out?
Speaker 1: Because I think you have grounds? Do you think they'll
Speaker 1: let you out voluntarily? Okay, I don't know. Well let's
Speaker 1: start there. Let's start there trying to figure out do
Speaker 1: you have a deposit with them?
Speaker 10: Yes, I do.
Speaker 1: Okay, I Chopper, what about you? I'm ready for something. Okay,
Speaker 1: let's let's talk to this landlord, this corporation, man, this woman.
Speaker 1: This This is bull crap and I mean or people crap,
Speaker 1: however you want to look at it. But this is
Speaker 1: these continual sore backups. If everything she's telling us and true,
Speaker 1: she's been paying her rent, she has sewer backups. They're
Speaker 1: not cleaning it. She needs to get out of there.
Speaker 1: They need to let her out of the lease and
Speaker 1: give her her deposits so she can move on. Hang on,
Speaker 1: Jennifer M. Chopper, let me know how that goes. We
Speaker 1: got to do something about it. If you run again,
Speaker 1: do me a favor, though, Chopper, this is really important.
Speaker 1: So if you run up against a broadblock, let us
Speaker 1: know I will. We have more coming right up. Go
Speaker 1: with a sure thing Denver's Best roofer Excel roofing dot com.
Speaker 1: You don't pay a cent until you're content. Time for
Speaker 1: an insurance check up free, no obligation. In comparison, call
Speaker 1: Compass Insurance paying too much your coverage at dozens of
Speaker 1: insurance companies find out now three O three seven to
Speaker 1: seven to one. Help you'll think you're his only customer
Speaker 1: when you choose Frank durand the real estate man dot
Speaker 1: Com to list your home with Remax Alliance three three
Speaker 1: nine two zero sixteen twenty two. Tom Martinez, you know
Speaker 1: your troubleshooter. Okay, I want to just Oh, we got
Speaker 1: a lot going on here. We got Jennifer assigned to
Speaker 1: deputy Chopper, and Chopper I'm gonna text you a synopsis there,
Speaker 1: and I want to say that I want to go
Speaker 1: back though to Jessica. Jessica, we have an attorney that
Speaker 1: wants to he's retired and we want to talk to
Speaker 1: him on Thursday and get you some information. But one
Speaker 1: thing I didn't ask and I did get your story.
Speaker 1: And for those listening, she lives in Illinois, an alcoholic
Speaker 1: in recovery. Husband kicked her out in twenty fifteen, filed
Speaker 1: for divorce. She did not show up for the final hearing.
Speaker 1: Ex husband got a default judge judgment. Kids are now
Speaker 1: eleven and thirteen. What do you want today? What is
Speaker 1: the issue that you called about? You said your dad
Speaker 1: thought we could help, but what is the actual issue
Speaker 1: at this point?
Speaker 11: Yes, mister Martinez, I need to get an attorney and
Speaker 11: I don't have any money.
Speaker 1: What is the issue? No, no, no, you didn't answer
Speaker 1: my question. What is the issue?
Speaker 12: See the kid?
Speaker 9: Okay, even though.
Speaker 14: I got a schedule, he not only that, but he's
Speaker 14: subpoenas recruiters and local venders just to see if I'm
Speaker 14: purchasing alcohol.
Speaker 11: He's out of control. I also think a lot of
Speaker 11: your listeners are moms like me who've been in a
Speaker 11: divorce with someone.
Speaker 14: Who's gotten narcissistic tendency. And it's really hard to get
Speaker 14: the court system.
Speaker 11: In any state to recognize that.
Speaker 1: Actually, Jessica, Jessica, Jessica, Jessica, most of the times. I'm
Speaker 1: serious when I tell you this most of the time.
Speaker 1: And this is not against you. This is an observation
Speaker 1: that I have over forty five years of listening to people,
Speaker 1: and I'm going to tell you that courts bend over
Speaker 1: backwards for biological parents, especially moms, and moms almost have
Speaker 1: to be snorting meth at the courthouse steps to lose custody.
Speaker 1: I'm saying that it is not easy to lose custody. Now,
Speaker 1: having said that, I don't know what your situation is,
Speaker 1: but I know one thing. If there is a standing
Speaker 1: court order for revisitation and he's denying it. Is that
Speaker 1: is that is he literally defying the court order for visitation?
Speaker 8: Yes?
Speaker 1: Oh, yes, so you actually have Wait a minute, your
Speaker 1: your your you were your privileges were never taken away
Speaker 1: or suspended for any reason. Right now, according to the court,
Speaker 1: you have a right to see your children and he
Speaker 1: is refusing to let you. Yeah, okay, now he is
Speaker 1: going to say he's refusing to let you for their
Speaker 1: safety and well being. Okay, that's going to be what No,
Speaker 1: I know that, I know that, and that could be true.
Speaker 1: I don't know you, right, it could be true. I'm saying,
Speaker 1: so do you have you ever, here's what you need
Speaker 1: to ask the court, and it's not going to be expensive.
Speaker 1: You can literally write a letter to the judge. Write
Speaker 1: a letter and say I can't afford an attorney and
Speaker 1: my ex husband will not let me see the children
Speaker 1: as ordered by the court. You reference your case number.
Speaker 1: I'm not giving you legal advice. I'm telling you how
Speaker 1: I would do it or what I would tell my
Speaker 1: sister or brother. And then here's what you asked the judge.
Speaker 1: I will voluntarily submit to periodic or regular yurin or
Speaker 1: out whatever tests you need to take to prove to
Speaker 1: the court that his allegations about you continuing your drinking
Speaker 1: is false. That's if it is false.
Speaker 9: Jessica, what are a couple of things Baron?
Speaker 14: I perceive saying that number one, I've proven it with
Speaker 14: multiple hairbolgical tests soberly seven years.
Speaker 1: What I'm asking is, are you willing to go to
Speaker 1: are you willing to do regularly?
Speaker 14: Another level, the guarden that lightem in these cases gets involved.
Speaker 1: And what do you have a guardian at LAM in
Speaker 1: your case?
Speaker 11: Test too?
Speaker 1: Okay? Do you have one currently?
Speaker 9: Yes?
Speaker 11: And she has sided with him?
Speaker 1: Well, there must be Listen. Why do you think she's
Speaker 1: siding with him?
Speaker 14: Because when I go to her and say my ex
Speaker 14: husband who is an officer of the court, he's an attorney.
Speaker 1: No, it's a course I'm asking you, Jessica, No, no, Jessica. Wait, Jessica,
Speaker 1: there's multiple Jessica, Please please listen to me. Did you
Speaker 1: ever tell the guardian at LTAM that you would be
Speaker 1: willing to take regular tests for alcohol?
Speaker 14: Yes, because they're not looking at it like an alcohol
Speaker 14: case anymore. That transitioned it to now mom.
Speaker 9: Might have a mental illness Okay, that's what they do
Speaker 9: in these cases.
Speaker 11: That's how I understand it.
Speaker 1: That would they allow you to have supervised visits until
Speaker 1: that can be determined.
Speaker 11: I don't know why they would do that when I've
Speaker 11: got access to my kids without supervising vitation. That seems
Speaker 11: to be going backwards.
Speaker 1: So it's never Here's what I'm saying. If they have
Speaker 1: a guardian at LIGHTEM, and the guardian is siding with
Speaker 1: your husband that you not see the children, the guardian
Speaker 1: at LIGHTEM actually has the power to do that. So
Speaker 1: are you sure the order him to not allow that?
Speaker 11: She just doesn't interfere, right, she just doesn't help protect him.
Speaker 1: But so she's never modified the child visitation she has.
Speaker 11: She has reduced it without having any generation.
Speaker 1: I don't, Jessica, I don't need your editorial. I need
Speaker 1: to know what's going on to help you. I know
Speaker 1: that you disagree with everything. I know that, but it
Speaker 1: wastes time right now. So the question was the guardian
Speaker 1: at LIGHTEM did modify your visitation? Yes? How much was
Speaker 1: it reduced by one night? Oh that's all? Did she
Speaker 1: order supervision? Okay?
Speaker 9: All right, what I want you to do because I've been.
Speaker 1: Okay again, I am not debating that with you, Jessica.
Speaker 1: I'm not against you, Jessica, and I know you're against
Speaker 1: everything that happened on the other side. I just want
Speaker 1: to get through this so we can talk to our
Speaker 1: attorney about it. Okay. So, so you're gonna hear from us.
Speaker 1: We're gonna get them on on Thursday. Three oh three
Speaker 1: seven one three eight two five five. Go with a
Speaker 1: sure thing Denver's best roofer Excel Roofing dot com. You
Speaker 1: don't pay a cent until you're content. Time for an
Speaker 1: insurance check up free, no obligation. In comparison, call Compass
Speaker 1: Insurance paying too much your coverage at dozens of insurance
Speaker 1: companies find out now three oh three seven seven to
Speaker 1: one help. You'll think you're his only customer when you
Speaker 1: choose Frank durand the real estate Man dot com to
Speaker 1: list your home with Remac Alliance three three nine two
Speaker 1: zero sixteen twenty two. All right, I'm Tom Martino three
Speaker 1: three seven one three talk Ryan. What's going on with
Speaker 1: Elite Towing?
Speaker 4: Hey, Yeah, I've been traveling for the past month and
Speaker 4: when I got back, I noticed my car was not
Speaker 4: in my neighborhood.
Speaker 10: Parking lot.
Speaker 1: So when you say what is a neighbor tell me
Speaker 1: what a neighbor I need to I'm sorry to interrupt,
Speaker 1: but I need to ask what is a neighborhood parking lot?
Speaker 7: Oh?
Speaker 4: Just I live in like a townhome community, and so
Speaker 4: there's parking spots in front of all the garages, and
Speaker 4: then there's like separate parking spots that are not assigned
Speaker 4: to any particular unit.
Speaker 1: Do you have an assigned parking space?
Speaker 4: I have the one that's in front of my garage.
Speaker 1: Is it assigned to you?
Speaker 9: Yeah?
Speaker 1: Okay? And is that where it was towed from?
Speaker 4: No, it was it was in the unassigned focke.
Speaker 1: And does your parking lot require permits? All right, hold
Speaker 1: on a second, let's talk about this elite towing. We've
Speaker 1: had other complaints. We'll see what's going on right after this.
Speaker 1: You got to hang on. I'll come right back to
Speaker 1: your promise. I'm Tom Martineau. Go with a sure thing
Speaker 1: Denver's Best roofer Excel roofing dot com. You don't pay
Speaker 1: a cent until you're content. Please time for an insurance
Speaker 1: check up free, no obligation. Comparison call Compass Insurance paying
Speaker 1: too much your coverage at dozens of insurance companies. Find
Speaker 1: out now three O three seven to seven to one help.
Speaker 1: You'll think you're his only customer when you choose Frank
Speaker 1: durand the real estate man dot com to list your
Speaker 1: home with Remax Alliance three three nine two zero sixteen
Speaker 1: twenty two ripped up new need advice so you don't have.
Speaker 12: Come running.
Speaker 9: Just as fast as you can, Shooter's gonna help coming.
Speaker 2: Man, this is the Troubleshooter Show. Now, Tom Martine.
Speaker 1: Hey, I'm Tom Martino. I'll turn the camera back on
Speaker 1: in a second. I don't know what the heck is
Speaker 1: going on. I'm so tired of not working stuff anyway,
Speaker 1: so I will. I promise I'm gonna turn it back
Speaker 1: on in a minute. So if you're streaming you can
Speaker 1: hear me. I'm still looking at your comments and all
Speaker 1: that crap. I don't know what happened. But what I'm
Speaker 1: gonna do is I'm going to uh take calls, and
Speaker 1: I'm talking to streamers. By the way, my YouTube morns,
Speaker 1: I'm not talking to my radio audience. Everything cool, We're here.
Speaker 1: Ryan is Ryan? Is it Ryan? Or Rayana? Ryan?
Speaker 10: Yeah?
Speaker 1: Okay, that's an unusual name Ryan. Okay, so your car
Speaker 1: was in an unassigned spot in a town home community,
Speaker 1: but you live there, right, Yeah.
Speaker 4: I live there, I'm attendant, I'm renting it, and I
Speaker 4: assume you have a right to park there, right, correct?
Speaker 1: Yeah, But do you have a right to park? I'm
Speaker 1: just asking, souse. I don't know. Do you have a
Speaker 1: right to park in the unassigned spots?
Speaker 17: Yeah?
Speaker 4: I mean, as far as i'm where, there's no specific
Speaker 4: rules for those spots. I mean, you just can't park
Speaker 4: in front of a garage that's not yours. Of course,
Speaker 4: there's no kind of permit or any kind of restrictions
Speaker 4: on those.
Speaker 1: So you guys don't have anything you have to put
Speaker 1: in the in the windshield or anything.
Speaker 10: That's right.
Speaker 1: Yeah. How long was your car there before it was
Speaker 1: towed static not moved?
Speaker 4: Yeah, so I've been traveling for the past around the
Speaker 4: past month of November, so it's I.
Speaker 1: Think, hold on, now, that's that's a whole different ballgame.
Speaker 1: I think. So your car was there in an unassigned
Speaker 1: spot for one month or more.
Speaker 4: I think it was around a month. I don't know
Speaker 4: exactly when it was, Toad, but okay.
Speaker 10: Got it.
Speaker 1: Bryan, didn't you want to explain to you why your
Speaker 1: car was towed?
Speaker 9: Yeah?
Speaker 4: I mean I called the towing company and they claimed
Speaker 4: that it was abandoned the vehicle.
Speaker 1: Okay, all right. Did they have a list of cars
Speaker 1: and license went on your lease? Or when you do
Speaker 1: you register your cars with the company? Okay? Yeah, I
Speaker 1: mean so how would they let me ask you this?
Speaker 1: How how would they know if some if the cars abandoned?
Speaker 1: Did they tell you it's if it hasn't moved in
Speaker 1: a certain number of days or weeks or hours? What
Speaker 1: did they tell you?
Speaker 4: I'm I haven't heard any communications from either the property
Speaker 4: management or tone company or otherwise, so I'm not really
Speaker 4: sure about that.
Speaker 1: Okay, tell Elite, why didn't you ask? I mean, if
Speaker 1: my car was towed, how did you even know it
Speaker 1: was toad because they thought it was abandoned? How do
Speaker 1: you actually how do you even just for how do
Speaker 1: you know it was toad because it was abandoned?
Speaker 7: Yeah?
Speaker 4: So I got back in town night before yesterday, and
Speaker 4: that's what I noticed, and I called the towing company,
Speaker 4: and the towing company stated, okay, how.
Speaker 16: Did the towing company know? Who told the towing company
Speaker 16: that it was abandoned. Who ordered the actual toe.
Speaker 4: I believe they said it was like the property HOA
Speaker 4: or property management.
Speaker 16: Oh okay, so somebody from HUA reported it as an
Speaker 16: abandoned car and ordered Elite to toe it away.
Speaker 1: And I don't think it's there. I don't think it's
Speaker 1: the towing company's fault at all. They're the ones with
Speaker 1: twok over why it's towing, I know, but it's still
Speaker 1: not there. The management company said, come and get it.
Speaker 1: It's their property. They have every right to tow. Now
Speaker 1: there might be yeah, there are laws regarding notice and
Speaker 1: all of that, And I don't know what they did
Speaker 1: or how they have to do it on private property.
Speaker 1: I really don't know, but let's put it this way.
Speaker 1: I think the problem was with the management company. So
Speaker 1: when you heard that the management company called it abandoned,
Speaker 1: did you look to your lease or buy laws or
Speaker 1: any kind of documentation or did you just simply I
Speaker 1: would have gone to the management companies said excuse me,
Speaker 1: why was my car towed? I mean, didn't you ask
Speaker 1: right Ryan or ran?
Speaker 10: Yeah.
Speaker 4: I've given them a call and I basically got directed
Speaker 4: to a call center and they said that it's like
Speaker 4: a management company that has multiple neighborhoods. Yeah, they would
Speaker 4: for the information to the one from my specific neighborhood,
Speaker 4: and they get back to me, and I haven't heard
Speaker 4: back yet. I mean I only did this yesterday, but
Speaker 4: I don't heard back yet on that.
Speaker 1: Day. Can you give me a quick call you think, Yeah,
Speaker 1: let's just do a quick call for you. Man, when
Speaker 1: you called, do you have an office right there that
Speaker 1: you can walk into and say, hey, by the way,
Speaker 1: when is a car considered abandon I mean, can't you
Speaker 1: just talk to someone?
Speaker 4: Yeah, there's no on site office or anything.
Speaker 1: Oh okay, then who if there's no onside office, does
Speaker 1: the towing company have standing orders?
Speaker 4: I'm honestly not sure about that.
Speaker 1: Hey, Ryan, why didn't you park in front of your garage?
Speaker 4: So there's the garage, which is where my wife's cars parked, And.
Speaker 1: Okay, so you couldn't. You couldn't very well just leave
Speaker 1: it out there because it would block her.
Speaker 2: Right.
Speaker 4: Well, it's not even about that. So my driveway in
Speaker 4: particular is like extra steep, and it's too steep to
Speaker 4: get a sedan up there. So the second car was
Speaker 4: a sedan, so I literally just can't get up the
Speaker 4: draft without so.
Speaker 1: You never parked there. You never parked there, right, Yeah.
Speaker 1: The only difference between when it was TOTD and when
Speaker 1: it wasn't is you use the car every day. Yeah,
Speaker 1: but that but when you were traveling, and since your
Speaker 1: wife didn't move it for you and or you didn't
Speaker 1: know about it, but somewhere here's going to be the problem. Ran.
Speaker 1: If it's written somewhere and you just didn't know or
Speaker 1: see it, it's going to be a problem for you.
Speaker 1: If it's written somewhere, what I mean is in your
Speaker 1: bylaws or something. Am I right to assume you could
Speaker 1: have parked there under normal circumstances and you wouldn't be told.
Speaker 1: But because it was there a long time, it was Toad.
Speaker 4: I mean certainly, I've been least in this place for
Speaker 4: six seven months and that's it. I haven't changed anything
Speaker 4: about the parking, except, like you said, the fact that
Speaker 4: I've been gone and haven't been moving the cars them.
Speaker 1: Yeah. Okay, So how much did all this cost you? Ran?
Speaker 4: They're telling me that it's too point three grand to
Speaker 4: get it out?
Speaker 1: What wait wait wait wait wait wait wait wait wait
Speaker 1: wait a minute, twenty three hundred dollars.
Speaker 4: Yeah, exactly exactly what how do they whatever? They're daily
Speaker 4: holding feet and they've had it for about a month,
Speaker 4: so for about a month.
Speaker 9: So but.
Speaker 1: Wait they told it like right at the beginning of
Speaker 1: your train. We don't know. I mean, Ryan, you got
Speaker 1: to help us out if we're going to help you,
Speaker 1: because I don't want to start fighting and find out
Speaker 1: you were gone two months? Exactly how long were you gone?
Speaker 5: Bro?
Speaker 2: I was gone.
Speaker 4: I left November. Let me see, I left November eleventh, eleventh.
Speaker 1: Oh okay, and the thing is the thing is okay,
Speaker 1: November eleventh. Then when did you return? We're on a
Speaker 1: roll here. Where when did you return?
Speaker 4: I returned on Sunday?
Speaker 1: There, okay, so okay, so.
Speaker 16: It was the car parked there before November eleventh? Though
Speaker 16: what date did you actually park the car?
Speaker 1: What date? Okay, that's okay, thank you, d that's a
Speaker 1: good point. When did you actually park the car there
Speaker 1: for the and leave it? When did you actually park
Speaker 1: it there?
Speaker 4: I mean the car has been there since I moved here.
Speaker 1: No, that's not what I'm asking. So no, no, no,
Speaker 1: that's not what I'm asking. You used your car before that?
Speaker 1: What I need to know. Listen to what I'm asking,
Speaker 1: because it's really important. When was the last time your
Speaker 1: car had been moved from that spot?
Speaker 4: Probably about a week or two. I've been using my
Speaker 4: wife's car.
Speaker 1: Okay, so probably is it say a week or two?
Speaker 1: So basically all of November it was parked there.
Speaker 10: Yeah.
Speaker 1: Yeah, well not all of November because you don't know
Speaker 1: when they towed it, right, You don't have an exact
Speaker 1: tow date.
Speaker 15: No.
Speaker 4: And the thing is, I also think is I'm just
Speaker 4: leading up to the trip. I honestly don't even know,
Speaker 4: Like like I didn't notice, I didn't notice. I can't
Speaker 4: say for sure whether or not it was there before
Speaker 4: I left on my trip or now, like it might
Speaker 4: have been towed before. But I honestly just you know,
Speaker 4: I hadn't been using the car for that time.
Speaker 1: Okay, you didn't notice, You didn't notice, So it really
Speaker 1: could have been in storage for a full month. Yeah, yeah,
Speaker 1: even though you left on the eleventh, it could have
Speaker 1: been towed two weeks before that. You never know, right, right,
Speaker 1: So listen, man, what kind of car is it?
Speaker 4: It is a two thousand and five to Tua album.
Speaker 1: What is it worth? Because it's almost twenty years old?
Speaker 4: What is it worth Yeah, yeah, on a private mark
Speaker 4: and it's probably a five or six grand, six grand.
Speaker 1: It's it's really not worth you getting it, I mean,
Speaker 1: is it? I mean, be honest here, do you owe
Speaker 1: money on it? No? I bought it. I'm not telling you.
Speaker 1: I'm not telling you we can't help you. I'm not
Speaker 1: telling you that I don't know the situation yet. There
Speaker 1: are new laws on releasing your car. They have to
Speaker 1: release your car. Can you look that up? D But
Speaker 1: but remember this was a private toe. But he wasn't
Speaker 1: blocking traffic. Now you could have been given notice. Help
Speaker 1: us out here. Did they say, hey, we put a
Speaker 1: notice on the car and you didn't move it? Blah
Speaker 1: blah blah. Did they say any of that? Not on
Speaker 1: my phone call? And you should be asking you should
Speaker 1: be asked.
Speaker 5: No.
Speaker 1: No, the toe company, they're required if you're not blocking traffic,
Speaker 1: they're required to tell you to give you notice before
Speaker 1: they tow it. Did it have current license plates on it?
Speaker 4: No, it didn't know it didn't.
Speaker 1: Oh god, did it have any rayan? See this is
Speaker 1: the problem.
Speaker 2: Man.
Speaker 1: You keep unloading, you keep like, you keep like revealing
Speaker 1: stuff that gives them more and more and more and
Speaker 1: more justification. I'm not saying that you shouldn't get your
Speaker 1: car back, and they shouldn't. There's a certain law about
Speaker 1: getting your car back with a minimum amount of payment.
Speaker 1: I got to look it up. But let me ask
Speaker 1: you this. How did it have license plates at all?
Speaker 16: Yeah?
Speaker 4: It had license plates, And it's actually like I was
Speaker 4: planning on selling the car. That's why I didn't renew
Speaker 4: the registration.
Speaker 1: It doesn't matter. I'm not judging you. How expired were they?
Speaker 4: I believe the plates were from twenty three.
Speaker 1: Oh man, you aren't such bad shape right now? Hold on, Ryan, right, ray,
Speaker 1: and let's see what we can do. I'm gonna have
Speaker 1: get his information. I want d to do some event instigating,
Speaker 1: and then I want to investigate the law because there
Speaker 1: is I thought there was a certain law that said
Speaker 1: if he made a certain payment, they have to release him. Yeah.
Speaker 1: There are two issues.
Speaker 16: One is, yeah, they're required to put him on a
Speaker 16: financing plan.
Speaker 1: But they had a right, they had a right.
Speaker 16: Well, I think the new law prohibits towing for expired
Speaker 16: license plates.
Speaker 1: Now that's probably okay, But what about abandon look it up.
Speaker 1: I hope you're right. Hang on, bro, we'll be right back.
Speaker 1: I'm Tom Martine more coming up. Go with a sure
Speaker 1: thing Denver's Best roofer Excel Roofing dot com. You don't
Speaker 1: pay a cent until you're content. Time for an insurance
Speaker 1: checkup free, no obligation. In comparison, call Compass Insurance paying
Speaker 1: too much your coverage at dozens of insurance companies find
Speaker 1: out now three O three seven seven to one help.
Speaker 1: You'll think you're his only customer when you choose Frank
Speaker 1: durand the real estate Man dot com to list your
Speaker 1: home Remax Alliance three oh three nine two zero sixteen
Speaker 1: twenty two. Hi Tom Martino, your troubleshooter three ozho three
Speaker 1: seven one three talk three oh three seven one three
Speaker 1: eight two five five. I guess my computer has decided
Speaker 1: I'm ugly and won't take my camera. But I'm gonna
Speaker 1: keep trying, folks, so just please put up with it
Speaker 1: for a second. I don't want to hear it. Hey,
Speaker 1: so let's go to the phones. Here's what I think.
Speaker 1: I think that that guy is going to be out
Speaker 1: of luck. I think he did everything wrong. And however,
Speaker 1: I looked up the law and I said, uh, and
Speaker 1: here's what here's what it says Dimitri's looking it up,
Speaker 1: Deputy D. Under the new Colorado law effective August twenty
Speaker 1: twenty two, towing companies are generally prohibited from removing vehicles
Speaker 1: from private properties solely due to expired license plates, unless
Speaker 1: directed by law enforcement. However, there are specific circumstances where
Speaker 1: a vehicle can be towed without prior notice. Okay, now
Speaker 1: let's talk about that. It's including blocking access. He wasn't
Speaker 1: unauthorized parking in a space designated for another person. He
Speaker 1: wasn't doing that permit violations, he says, They don't require permits.
Speaker 1: So in his situation, the vehicle was parked in an
Speaker 1: unassigned spot in a town home community for a month
Speaker 1: with expired plates. Since it wasn't blocking traffic or occupying
Speaker 1: someone else's designated spot, and no permit was required, the
Speaker 1: towing company could not tow them under this law.
Speaker 16: Well, it could be that the but he was sparked
Speaker 16: and is reserved only for visitors. I've been to plenty
Speaker 16: of those communities.
Speaker 1: Well that's that. Even if it was considered an abandoned
Speaker 1: that's can said. Now, now they mean a sign to
Speaker 1: someone else, I don't think they mean a sign to
Speaker 1: visitors in general or mankind. I'm reading the law now,
Speaker 1: it's twenty eight pages. It will be a while. Now,
Speaker 1: if your vehicle was towed under these conditions, you might
Speaker 1: have grounds to contest it. You can file with the PUC.
Speaker 1: Now listen, I really believe. I truly believe that this
Speaker 1: guy was screwed. I really do. And Okay, I'm going
Speaker 1: to ask this. If I racked up a twenty three
Speaker 1: hundred dollars tow and storage bill, do they have to
Speaker 1: do they they have to release my car. I'm going
Speaker 1: to ask that. By the way, I'm asking my boyfriend,
Speaker 1: and it used to be my girlfriend. But then they
Speaker 1: change to a male voice. I can't get it back
Speaker 1: to a female voice. So I'm still confused a little bit.
Speaker 4: Boy This time he left his car there for it
Speaker 4: could be a month with plates that expired by nearly
Speaker 4: a year at the best case.
Speaker 1: Doesn't matter. Doesn't hey take it up with the take
Speaker 1: it up with the lawmakers. Bro Under this law, that's
Speaker 1: not grounds to tow a car. Wow, Okay, it's not
Speaker 1: under this law. It's not unless he was blocking traffic
Speaker 1: or in someone else's space. Under Colorado's it it goes
Speaker 1: here effective August twenty. I said, if your vehicle was
Speaker 1: told that, blah blah blah. Okay, here's what it says.
Speaker 1: You can recover your vehicle by paying fifteen percent of
Speaker 1: the total fees or sixty dollars whichever is less. Get
Speaker 1: this guy back on the phone. This guy, this guy
Speaker 1: can pay sixty dollars and get his car back. No,
Speaker 1: he's gonna have to sign a financing It doesn't say
Speaker 1: that here. It doesn't say that. I mean, maybe it does.
Speaker 1: I'm not reading the law. I'm reading, you know, chat
Speaker 1: my boyfriend. Let me let me just put this. Will
Speaker 1: I have to sign a finance agreement for the balance? Okay,
Speaker 1: let's see what this is. By the way, No, under
Speaker 1: the Colorado Towing Bill of Rights, the finance agreement to
Speaker 1: get your car back for a minimum deposit. But then
Speaker 1: everybody's just gonna pay sixty Why that's our law. Take
Speaker 1: it up with your progressive legislature. I think they have
Speaker 1: a heart in this case. Fifteen percent of total fees
Speaker 1: or sixty dollars, whichever is least. Listen to Dimitri, you
Speaker 1: ought to call Elite for this. I'm going we ought
Speaker 1: to do it like immediately get him back on the phone.
Speaker 16: I want to tell him to see this contact information
Speaker 16: so I can get his license plate.
Speaker 1: Come on, get off the mimosas, Kelly, get on this
Speaker 1: damn thing. Come on, I got it. I just got
Speaker 1: a text. All right, thank you, Tom, Kelly, than Kelly.
Speaker 1: I love my listeners. Okay, I love them, except for
Speaker 1: the YouTube morons. Now, my camera's down for a minute.
Speaker 1: I'm gonna get it back up here in a minute.
Speaker 1: I don't know what's going on. All of a sudden,
Speaker 1: my obs studio says, I'm ugly and they can't show me.
Speaker 10: You didn't anything.
Speaker 1: Well, actually I did. I don't know what's going on shows.
Speaker 1: I just don't know what's happening. I just don't know
Speaker 1: what's happening. My camera's out, but I will I will
Speaker 1: work on it. Here's what I want to say, though,
Speaker 1: I don't understand why towing companies would do stuff that
Speaker 1: they know is wrong. Right, So I don't I don't.
Speaker 1: I don't get it. Why would they do something that
Speaker 1: they know is wrong? Can anyone tell me this? So
Speaker 1: I want to know it's not because I think it. Well, okay,
Speaker 1: I'm just saying that I think it Okay, I just
Speaker 1: think is wrong. I'm going to go find this damn
Speaker 1: camera though, and I'm going to add it because I
Speaker 1: think I am like I, I just can't believe my
Speaker 1: camera just took her crap and it won't it will
Speaker 1: not do anything. And you know what really helps when
Speaker 1: cameras do that. Cameras do that memosas memosas. Yeah, I
Speaker 1: don't know what's going on with me right now, but
Speaker 1: everything seems to be going to anyway. So here here's
Speaker 1: the thing. If you if you we got to call
Speaker 1: this toe company because what I'm seeing, they're breaking the law.
Speaker 1: It says you only have to pay sixty dollars. Think
Speaker 1: about that dragon, And as Dimitri said, if they can't
Speaker 1: make you finance it and all you have to pay
Speaker 1: is sixty dollars to retrieve your car, to prevent everyone,
Speaker 1: you have to set up some kind of payment plan
Speaker 1: for them. Yeah, no, you absolutely do not under this law.
Speaker 1: Now here's what I think. Hold on, here's what I
Speaker 1: think would happen. The law doesn't address it. But if
Speaker 1: the toe company claims you owe twenty three hundred dollars,
Speaker 1: they have to release your car for sixty That doesn't
Speaker 1: mean that they can't come after you for what they
Speaker 1: feel is a bill of twenty to forty right, so
Speaker 1: they can probably pursue it as a collection, but they
Speaker 1: can't keep your car, damn it. You know what, I
Speaker 1: think it's a good law. I think it's a good law. Now.
Speaker 1: I know Mark was on here to be calling me
Speaker 1: a liberal creep and progressive and all, but it has
Speaker 1: nothing to do with libertate conservative. It's like, people need
Speaker 1: their car, for God's sakes. It's not like this guy
Speaker 1: did a capital offense. He left his car with a
Speaker 1: expired plate in an unassigned parking spot. Does he deserve
Speaker 1: capital punishment for that? And and you know, whether you
Speaker 1: guys like it or not, all of you morons on
Speaker 1: YouTube saying all these stupid you just can't park in
Speaker 1: the line without moving it, Well, guess what, According to
Speaker 1: the law, you can as long as you're not taking
Speaker 1: someone else's spot, someone else assigned to someone not mankind
Speaker 1: in general. Okay, that it's an assigned spot anyway. That's
Speaker 1: just the way it is. Three oh three seven one,
Speaker 1: three eight two five five is our number if you
Speaker 1: want to give us a call. And that's just the
Speaker 1: way it is. The law is for the common man.
Speaker 1: By the way, renew home innovations will do the most beauty.
Speaker 1: A full shower conversion with stone walls, Yeah yeah, or
Speaker 1: there their stone resin and they look just like stone.
Speaker 1: No maintenance, no threshold to stumble over. It's great for
Speaker 1: you when you get older, or for anyone. Glass panels
Speaker 1: that are beautiful, no fog panels, the whole thing. Man
Speaker 1: they do in two or three days, with seventy two
Speaker 1: months to pay, no interest in these days. You try
Speaker 1: to get that anywhere three O three nine zero four
Speaker 1: to two thousand. Tell them Martino told you. Call three
Speaker 1: O three nine zero four two thousand. Go with a
Speaker 1: sure thing Denver's best roofer Excel Roofing dot com. You
Speaker 1: don't pay a cent until you're content. Time for an
Speaker 1: insurance check up free, no obligation. In comparison, call Compass
Speaker 1: Insurance paying too much your coverage at dozens of insurance
Speaker 1: companies find out now three all three seven to seven
Speaker 1: to one help. You'll think you're his only customer when
Speaker 1: you choose Frank durand the real estate Man dot com
Speaker 1: to list your home with Remax Alliance three all three
Speaker 1: nine two zero sixteen twenty two. Hi, Tom Martino, all
Speaker 1: of my peeps will be happy to know that my
Speaker 1: pretty face is back up and running on the uh
Speaker 1: whatever on the stream here. So people, Dan McKenzie specifically,
Speaker 1: I think I can switch to you without crapping up here.
Speaker 1: Let me just make sure I can, because I'm afraid
Speaker 1: of this thing now. The switcher was like, anyway, Dan mackenzie,
Speaker 1: I do you have some text here? Seriously, Tom, you
Speaker 1: were talking about investment accounts. I noticed, Oh, this is
Speaker 1: a guy that met with my guy Pat from Wave
Speaker 1: eight Wealth Management. He said, I noticed there's a place
Speaker 1: for a beneficiary on every investment account. Do I need that?
Speaker 1: If I have a will? What good is it? What
Speaker 1: do you advise as an attorney? He's not asking me that,
Speaker 1: he's asking Dan McKenzie said, Dan, when I sign up
Speaker 1: people for investment accounts, Yeah, there's a place for beneficiary.
Speaker 1: Now technically, if you have a beneficiary there, does that
Speaker 1: negate the will's beneficiary for that? I mean, how does
Speaker 1: it work? Tell me about it?
Speaker 6: Those are followed before the will. So if you, oh, really,
Speaker 6: you have an account that says this account goes to
Speaker 6: Tom on my death and my will says, everything goes
Speaker 6: to Dmitri on my death, You're going to get that
Speaker 6: account and then Dmitri is going to get what's left.
Speaker 1: So wait a minute, so benefit this is really important
Speaker 1: news people. Beneficiary designations on everything come before the will
Speaker 1: and probate and the estate. Yeah, did everyone know that?
Speaker 9: No?
Speaker 1: No, no, I'm serious. I'm serious, guys, honest to goodness, No,
Speaker 1: smart ass YouTubers, I'm asking you, did you know this?
Speaker 1: Did you know this out there listening in your car
Speaker 1: or in the gym, that every beneficiary designation supersede your will?
Speaker 1: Now I got to actually, I got to actually make
Speaker 1: a note of this because I've learned something. So if
Speaker 1: you have a will, if you have a trust, so
Speaker 1: what if you have that? So what should they do?
Speaker 1: Leave it blank? Or should they say refer to the will.
Speaker 6: Or got to be aware of this and coordinate correctly,
Speaker 6: because maybe you wanted to go through the will, maybe
Speaker 6: you want that account to go through the will, but
Speaker 6: if you put a beneficiary on it, it's not going
Speaker 6: to do that.
Speaker 1: They're going to follow the instructions you gave them. The
Speaker 1: secret said he knew it. Hmm. Anyway, Oh, now I'm
Speaker 1: being told my camera's taking another it's on mid fade.
Speaker 1: See you know what it is. I have a bad
Speaker 1: switcher here. I'm doing away with this damn switcher. I
Speaker 1: think it's Dan. You know what, when Vinkenzie wasn't on camera,
Speaker 1: it never happened. It's when his face came on everything
Speaker 1: broke down. Wait, wait a minute, that's the only thing
Speaker 1: we did differently Dimitri. When his face was on here,
Speaker 1: all hell broke. Look. Plus he brought pizza. Yeah, so listen,
Speaker 1: let's talk. Yeah, I see my face there. Yeah, this
Speaker 1: this is really a bad switcher people. Now it went Now,
Speaker 1: I got it. Okay, So I want to tell talk
Speaker 1: about doing estates the right way. Then, if you want
Speaker 1: everything to be according to your will or trust, you
Speaker 1: should not designate beneficiaries on your pods, payable on death
Speaker 1: certificates for your bank accounts, or your beneficiary information for
Speaker 1: your investment case.
Speaker 6: I've advised people to pull beneficiaries off because they want
Speaker 6: the will to control. I've advised them to put it
Speaker 6: on because like, yeah, yeah, that says I totally disinherit Tom.
Speaker 6: And then I got a life insurance policy out there
Speaker 6: that has you as a beneficiary and you're gonna.
Speaker 1: Get more money than anyone else. So it's just you
Speaker 1: just got to be aware of it. You got to coordinate.
Speaker 1: You got a coordinator. Do you do that when somebody
Speaker 1: comes out? Do you ask about beneficiary designations? Okay? Through everything? Yeah,
Speaker 1: because I I do have some conflicts actually thinking right now,
Speaker 1: I do. Uh huh, yeah, that's the problem. I mean.
Speaker 6: So that's the benefit of a trust is you put
Speaker 6: everything in the trust and then changes going forward you
Speaker 6: make them to the trust agreement. It's just one centralized place.
Speaker 6: If you're using designated beneficiary is remember those attached to every.
Speaker 1: If I can prove what if somebody proves that the
Speaker 1: will or the trust came after the beneficiary, doesn't matter.
Speaker 1: I don't know, people, I really, I really have learned
Speaker 1: something by that that that's incredible to me and something
Speaker 1: else incredible and dragon don't faint. I'm gonna take a
Speaker 1: break on time three O three seven one three eight
Speaker 1: two five five go with a sure thing Denver's Best
Speaker 1: roofer Excel roofing dot com. You don't pay a cent
Speaker 1: until you're content. Time for an insurance check up free,
Speaker 1: no obligation. In comparison, call Compass insurance paying too much
Speaker 1: your coverage at dozens of insurance companies. Find out now
Speaker 1: three O three seven to seven to one help. You'll
Speaker 1: think you're his only customer when you choose Frank durand
Speaker 1: the real estate man dot com to list your home
Speaker 1: with Remax Alliance three oh three nine two zero sixteen
Speaker 1: twenty you but hi, Tom Martino here three or oh
Speaker 1: three seven one three talk three oh three seven one
Speaker 1: three eight two five five. Celia's on the phone. Now, Celia,
Speaker 1: what can we do for you?
Speaker 17: Question?
Speaker 2: Yeah, I got to sell.
Speaker 9: It's a serving district court and I'm eighty eight years old.
Speaker 11: What's the cutoff day on the age on this?
Speaker 1: Is that for jury duty? Dear?
Speaker 9: Yeah?
Speaker 1: For jury duty? Okay, Well, I don't believe. Do you know,
Speaker 1: Dan mackenzie, if there's a cutoff date on age for
Speaker 1: jury duty? I think if you're alive and registered, if
Speaker 1: you're registered vote, I don't think so. Yeah, No, they're
Speaker 1: going to ask you.
Speaker 5: Now.
Speaker 1: That doesn't mean you can't get out of it. You
Speaker 1: could probably call them and and explain it to them.
Speaker 1: I mean, is there a number for you to call?
Speaker 18: Yeah, but it's really a reporting number of some sort.
Speaker 9: But I can try.
Speaker 1: Now, here's what what happens? You call and they say
Speaker 1: they do give the numbers, So there's a very very
Speaker 1: good chance that your number won't be called. In other words,
Speaker 1: they if you listen carefully to the message, it'll say
Speaker 1: number numbers one hundred to two hundred excuse, or number
Speaker 1: three forty to eight. You know they Have you ever
Speaker 1: called the number and listened? Have you ever called that
Speaker 1: number to listen?
Speaker 11: But I had to go online and set out a form.
Speaker 1: Okay, they probably if you give them your day to
Speaker 1: birth and all that, they probably won't make you commit. Well,
Speaker 1: when did you do that yesterday? Okay, so you'll hear something.
Speaker 1: When is the do date? When do you have to appear?
Speaker 12: It's for next month?
Speaker 1: Okay. I think you're going to hear something, but we'd
Speaker 1: be happy to help you if you don't. Okay, right now,
Speaker 1: I would give it a few days. Hey, Kachina, would
Speaker 1: you take her number? Can you put a tickler on
Speaker 1: the calendar. Let's call her back next week and see
Speaker 1: if she heard. Can we do that? Or I'll tell
Speaker 1: you what. Let me give it to somebody to do.
Speaker 1: Hold on, is hey bo are you there? Or is
Speaker 1: a Dollar. One of you guys in this Shopper and Dollar,
Speaker 1: let me get that one too, Tom, Yeah, Chopper, would
Speaker 1: you make a note on your on your calendar or
Speaker 1: something to call her. Let's call her next week and
Speaker 1: in a week looks like on Wednesday, and let's see
Speaker 1: if she's heard anything. If not, we can call as
Speaker 1: an interested party our friend Celia. Are you unable to
Speaker 1: make it?
Speaker 18: It would be difficult if I could.
Speaker 1: If I had to, Yeah, I mean, I just thought
Speaker 1: it might be interesting to get out and do it.
Speaker 1: But if you don't want to, I mean I can
Speaker 1: see that. Are you in good health?
Speaker 11: Well I have to use a walker if I'm out about.
Speaker 1: Yeah, I'll know her out. Tom, Yeah, give her something
Speaker 1: so you hang on, okay, and we'll we'll take care
Speaker 1: of you. Okay. Three oh three seven one three eight
Speaker 1: two five five. Let me go back to Dan Mackenzie
Speaker 1: and I have another text here speaking more about beneficiaries.
Speaker 1: They want to know. Oh, this is not about a beneficiary.
Speaker 1: This is something they're calling at caud of Seal. What
Speaker 1: is that? That's an amendment to a will? Okay, you
Speaker 1: once told me I believe you would rather just rewrite
Speaker 1: it than do an amendment correct.
Speaker 6: Why uh, you know, they the amendments, they just they
Speaker 6: get missed and they're hard to keep track of. It's like,
Speaker 6: you know, you do one amendments says paragraph seven gets
Speaker 6: change of this, and you get another amendment that says,
Speaker 6: now paragraph five gets change of this, and then.
Speaker 1: Yeah, yeah, yes.
Speaker 6: It's like when you're trying to interpret it afterwards, you
Speaker 6: miss them. It's hard to figure out what got changed.
Speaker 1: It's almost easier to just rewrite it. Just rewrite it.
Speaker 9: You know.
Speaker 6: This is we're not using typewriters. We don't have to
Speaker 6: retype the whole thing. We just do it in a
Speaker 6: word process. I've just split the whole thing out again.
Speaker 6: You know that those kinds of things were really for
Speaker 6: back in the day when you had to retype, you know,
Speaker 6: a whole fifty page.
Speaker 10: Now, some.
Speaker 1: Attorneys utilize paralegals and other people to keep the price
Speaker 1: down and then they give it the blessing, so they
Speaker 1: have differently hourly rates doing estate planning. Attorneys do that.
Speaker 6: We do because, frankly, our area of law is one
Speaker 6: that is pretty amendmental to having people who have knowledge
Speaker 6: but not necessarily law degrees.
Speaker 1: I mean the lawyer has to be involved. No, of
Speaker 1: course you have to bless it. But you can, like
Speaker 1: you can have good people that do research and do
Speaker 1: different things, and.
Speaker 6: You know a lot of I mean, you know, we
Speaker 6: do use paralegals, and some people feel like, you know,
Speaker 6: having the lawyer do everything is better. I respect that position,
Speaker 6: but it's like, look, you know what it'll cost. It's
Speaker 6: going to cost you war. You want me to be
Speaker 6: printing and organizing and doing all that stuff. I don't
Speaker 6: think that's a good use of your money.
Speaker 1: Okay. And as far as this one said, I referred
Speaker 1: to an ll see. I'm not going to read it,
Speaker 1: but I know what he's talking about as a poor
Speaker 1: man's trust. Now, I'm not saying that you recommend don't
Speaker 1: do a trust, right, but there certainly are ways that
Speaker 1: an LLC can take its place. There really are. Oh yeah,
Speaker 1: we if we use LcA's for estate planning to and
Speaker 1: what would be a good example of like maybe a business.
Speaker 6: It's it's where you want, it's really good where Yeah,
Speaker 6: a business, of course, but like any any property where
Speaker 6: the family wants to be involved. Kind of equally, I mean,
Speaker 6: the problem with a trust is it puts one person
Speaker 6: in charge.
Speaker 1: Right, So you know that trustee might want to say
Speaker 1: you can make an LLC someone in control. You can, yes,
Speaker 1: and there would be.
Speaker 6: But then you within the LLC operating agreement you can say,
Speaker 6: but it's only the property is only being sold if
Speaker 6: a majority of these people agree on it.
Speaker 1: Wells ways, so it's more like a business. I think
Speaker 1: in some ways it's probably simpler to interpret and enforce
Speaker 1: an LLC. No, yes, yes, it probably, it probably could be.
Speaker 6: But I'm really talking about, like Elsie's just give multiple
Speaker 6: people a way to be involved in a way the
Speaker 6: trust don't.
Speaker 1: And sometimes you want like, well a trust does have
Speaker 1: even though they have a trustee, they do have errors, right,
Speaker 1: But in the end, let's say the errors are saying
Speaker 1: we want to hold onto this the trustee happened, and
Speaker 1: the trustee is like, no, they the trustee has ultimate powers.
Speaker 1: The trustee is there to make decisions. Okayficiar, they take
Speaker 1: your place. Basically, yeah, what.
Speaker 6: The beneficiaries think is not always what's best for them
Speaker 6: forras something, so they might want to keep that property.
Speaker 1: Trust He's like, I know, you guys can't maintain this,
Speaker 1: Like with the farmer who's got more, come and right
Speaker 1: up go with a sure thing Denver's Best roofer Excel
Speaker 1: Roofing dot com. You don't pay a cent until you're
Speaker 1: contenth time for an insurance checkup free no obligation comparison
Speaker 1: call Compass Insurance paying too much your coverage at dozens
Speaker 1: of insurance companies find out now three oh three, seven
Speaker 1: to seven to one help. You'll think you're his only
Speaker 1: customer when you choose Frank Durant, the real estate Man
Speaker 1: dot com to list your home with Remax Alliance three
Speaker 1: oh three nine two zero sixteen twenty two. Yea ripped.
Speaker 4: News need advice?
Speaker 1: Who you don't have?
Speaker 7: Come running just as nass as we can.
Speaker 1: Shooter's gonna help coming man. This is the Troubleshooter Show.
Speaker 1: Now Tom Martino, Hi, Tom Martino here, Welcome to the show.
Speaker 1: Three oh three seven one three talk three oh three
Speaker 1: seven one three eight two five five. Welcome and what
Speaker 1: is on your mind? Let's go to the phones. George
Speaker 1: is calling me with a problem. You can call it anytime.
Speaker 1: Three oh three Martino three oh three six two seven
Speaker 1: eighty four sixty six. You can call by the way
Speaker 1: anywhere you want like. You can call it at any time,
Speaker 1: I should say, leave your number and we will get
Speaker 1: back to you, so you can be on twenty four
Speaker 1: to seven. That's three oh three Martino three h three
Speaker 1: sixty two seven eight four sixty six. This hour brought
Speaker 1: to you by Genesis Total Exteriors. Remember they're doing doors
Speaker 1: two for one, changing out interior doors to upgrade your home.
Speaker 1: They're wonderful people. Genesis tootal Exteriors dot com. They're also
Speaker 1: doing balluster upgrades and railing upgrades from wood to metal,
Speaker 1: beautiful metal. That's Genesis Tootalexteriors dot com. So Dimitri, you
Speaker 1: have a follow up? What do you have going on? Bro?
Speaker 16: Oh well, a few minutes ago we spoke with a
Speaker 16: gentleman named Ryan whose car got towed away and oh.
Speaker 1: My god, that was oh oh oh. Let me tell
Speaker 1: people Ryan, is it Rayn or Ryan? I called him Bryan, okay,
Speaker 1: but it's spelled Rayan. He says that his car was
Speaker 1: towed from the town home parking lot. It was in
Speaker 1: a unassigned spot for a month or more with expired plates.
Speaker 1: The toe company wants the towing company says, he owes
Speaker 1: twenty three hundred dollars.
Speaker 16: So what's going on with that, Well, I got a
Speaker 16: call back from a very well informed manager at Elite.
Speaker 1: His named the gentleman's name is Jacob.
Speaker 16: He said that they actually towed the car away in
Speaker 16: October nineteenth and holy.
Speaker 1: Crap, yeah, October nineteen. It was gone for a month,
Speaker 1: a month and a half, yeah, and more than a.
Speaker 16: Month two months, yeah, months, well, a month and a half.
Speaker 16: I think we're on the fine first day or something
Speaker 16: like that.
Speaker 1: And the toe was.
Speaker 16: Ordered, so obviously they're heavily regulated nowadays, so they have
Speaker 16: perfect records of this. The toe was ordered by a
Speaker 16: member of the board of the HOA who did a
Speaker 16: couple of things, which is, provided photos of the car
Speaker 16: and provided a notice, provided a notice on the windshield
Speaker 16: of the car, and that's also reflected in the in
Speaker 16: the photos post. Yes, so it sounds like they complied. Now,
Speaker 16: we did discuss what happens and he said that, and
Speaker 16: this was a surprise to me. The state requires them
Speaker 16: to dispose of the vehicle within sixty days, so it's
Speaker 16: been forty five now, so it's going to go to
Speaker 16: auction if the caller doesn't come in and retrieve the.
Speaker 1: Car sixty dollars. Well, the laws.
Speaker 16: That's only in the first thirty days, according to the
Speaker 16: gentleman of the laite.
Speaker 1: However, there is good news.
Speaker 16: So it is true that the car is racked up
Speaker 16: approximately twenty four hundred dollars in storage and to fees
Speaker 16: right now. But Elite is willing to release the car
Speaker 16: for one thousand bucks. And if Ryan doesn't have a
Speaker 16: thousand bucks burning a hole in his pocket, they're willing
Speaker 16: to negotiate some kind of a time, some kind of
Speaker 16: a contract for.
Speaker 1: The trim to pay over time. That's sixty bucks or
Speaker 1: the depot or the rack, whichever is least.
Speaker 16: That is only in the first thirty days. Right in
Speaker 16: the first thirty days. After that, they have to start
Speaker 16: getting the car ready to go to auction. They're not
Speaker 16: even allowed to keep it six for more than sixty days.
Speaker 16: So look, they told the car away October nineteenth. This
Speaker 16: guy pulls a root fan winkle and discovers just a
Speaker 16: couple of days ago that the car is gone. So
Speaker 16: I can absolutely see how it racked up so much money.
Speaker 16: I think a lade is going out of their way
Speaker 16: by offering to release it for one thousand.
Speaker 1: But did he say anything. If he did, it had
Speaker 1: he done it in the first thirty days. What he
Speaker 1: would have done with the balance, No, because that wasn't
Speaker 1: an issue.
Speaker 16: He just he's required to release it for either fifteen
Speaker 16: percent or sixty dollars, whichever is less, within thirty days.
Speaker 1: Within the first thirty days, okay or fifteen percent? Okay?
Speaker 1: What else did you find out? Anything?
Speaker 9: Now?
Speaker 1: I think that's all the important stuff. But the guy's
Speaker 1: willing to negotiate. Well, he already offered to Yeah, he
Speaker 1: said that he'll release it for a thousand You call back,
Speaker 1: Rayan was he to do? I haven't called him yet.
Speaker 1: Let's let him know. I'm going to some This is
Speaker 1: amazing stuff, man, Okay, you know what. I love this
Speaker 1: show people. I was talking to somebody the other day
Speaker 1: and I said, it's not that I'm smart, It's that
Speaker 1: I've heard everything and I retrieve stuff. There's a difference
Speaker 1: between knowing and retrieving, right, Well, you know when you
Speaker 1: retrieve because it's in your mind somewhere. But and I'm
Speaker 1: not saying I'm not smart. I'm just saying that I
Speaker 1: think anyone who sits for forty five years doing the
Speaker 1: show and talking to people every day, you just got
Speaker 1: I mean you just have to eventually absorb stuff, right
Speaker 1: and know stuff. Now, George, what's happening with you? Man? Yes, sir,
Speaker 1: it is what's going on with you?
Speaker 9: Yes?
Speaker 10: I purchased a gun from the shooters Tarren Inglewood, the
Speaker 10: established business, and I didn't take possession of it, even
Speaker 10: though on the twenty ninth, so I was in November.
Speaker 10: I went a hit and pre paid for it, so
Speaker 10: I want to hit. And I didn't do a background
Speaker 10: check and no serial number was assigned for the weapon.
Speaker 1: They gave me a receipt for I went, now, hold on, wait,
Speaker 1: so you pre purchase, you pay for it, they do
Speaker 1: the background check, right.
Speaker 10: No, they did not do the background check.
Speaker 1: But are they going to do it? I mean that
Speaker 1: was the intent, right.
Speaker 15: That's why I went back, Yes, okay, so go ahead,
Speaker 15: all right? So I asked to see the weapon.
Speaker 1: And how much did you pay? How much did you pay?
Speaker 10: We're talking at nine hundred and fifty dollars before tanks.
Speaker 1: But you really didn't buy it. What you did was
Speaker 1: you put a deposit on it. You can't buy it
Speaker 1: until you can't buy it until after the background check.
Speaker 1: So the way some shops do, they take a deposit or,
Speaker 1: they take payment and full and then they do the check.
Speaker 1: The controversy comes if you don't pass the check. Some
Speaker 1: of these idiots think they can keep your money.
Speaker 15: And they can't, but they think that, Well, I think
Speaker 15: that's what they were.
Speaker 10: Trying to do.
Speaker 1: Yeah, well is that what's going on with you? So
Speaker 1: what happened? You paid? You paid them some money.
Speaker 10: What happened then the whole price on a deff card
Speaker 10: And I told him no, no, no, that's not the weapon.
Speaker 10: I'll go ahead. I want a new one. He said,
Speaker 10: well take some Wait.
Speaker 1: Wait, wait, wait, hold on, George, George, I missed that part.
Speaker 1: This gun that you bought, This gun that you bought,
Speaker 1: did you pick it out of a catalog or out
Speaker 1: of the case.
Speaker 10: It was a glass case on display, okay, center in
Speaker 10: the room, no sign saying use weapons and no sign
Speaker 10: indicating no tag on the weapon itself saying it was
Speaker 10: a used weapon that I was buying.
Speaker 1: Case you you did not know? Hold on, did you
Speaker 1: take it out and handle it and look at it?
Speaker 10: She was the one that they had in the case. Yes,
Speaker 10: I loved it.
Speaker 1: And you didn't think you were buying that one? No,
Speaker 1: you thought they were hold on, George, did you think
Speaker 1: they were ordering it?
Speaker 10: I did, and you thought the back.
Speaker 1: And you thought that was okay. So you thought that
Speaker 1: was just the display model and you were going to
Speaker 1: get a new one from the back or they were
Speaker 1: going to order it, and.
Speaker 10: You are, yes, that's exactly okay.
Speaker 1: So then what happened? Then? Then keep going what happened? Then?
Speaker 1: All right?
Speaker 10: I could not do the background check at that time.
Speaker 10: I went ahead and told them.
Speaker 1: I'll be why can't Why couldn't you do it? I'm
Speaker 1: just curious why you couldn't.
Speaker 10: Do it at the at that time because the sales presentation,
Speaker 10: uh took a real long and my wife was waiting
Speaker 10: in the car, and I figured after about an hour
Speaker 10: and a half, you had a no, So I'm not
Speaker 10: going to take another hour to do the background.
Speaker 1: Check, all right, So you left and came So you
Speaker 1: came back and said I'm ready for my background correctly,
Speaker 1: and he did the background and then he said here's.
Speaker 10: Your gun, and you said, huh, no, I asked to
Speaker 10: see the weapon before I did the background check.
Speaker 1: So you said, okay, I'm here to do my background check,
Speaker 1: but I want to see the weapon. Because you were
Speaker 1: expecting him. You were expecting him to take a weapon
Speaker 1: from a box that he had ordered for you or
Speaker 1: got from the back room, and instead he went back
Speaker 1: over to that glass case and took that one out.
Speaker 10: That's yeah, pretty much.
Speaker 1: And then he said, here's your weapon, And you said,
Speaker 1: but wait a minute, I thought I was getting a
Speaker 1: new one, correct, right, that one that he showed you
Speaker 1: in the glass case? What was not new about it?
Speaker 10: It had been used. You could tell. He was quite
Speaker 10: evident it had been used. Plus it was wrapped in
Speaker 10: a gun carry cost case.
Speaker 1: When he open that up, did he say it hold on, now,
Speaker 1: I'm not asking if you agree or not. Did he
Speaker 1: say it was used?
Speaker 10: That's not what therefore I pay not? When I went
Speaker 10: back to it, yes, he said it was used. Okay, No,
Speaker 10: that's not what you said.
Speaker 1: So did you say, let's just undo the whole thing exactly?
Speaker 1: And what did he say?
Speaker 10: There'll be.
Speaker 1: Towards okay? And he called it a restocking fee, right, restocking?
Speaker 1: There was no restocking fee.
Speaker 10: You never took it, that's correct. That's what I told him.
Speaker 10: I never took it.
Speaker 1: Now, to his defense, to his defense, you did see
Speaker 1: the gun before you bought it. You didn't know it was.
Speaker 1: What made you think that that was just a display
Speaker 1: model and that was not the gun you were buying?
Speaker 1: What made you think that?
Speaker 10: I'm sorry, repeat that there.
Speaker 1: Yeah, so you went in there and he showed you
Speaker 1: the gun and said here it is. Did he say
Speaker 1: I'll have to go order it or I have one
Speaker 1: in the bag? Where did you say, where's mine? When
Speaker 1: can I expect it? What made you think that that
Speaker 1: gun was not the one you were going to get? Oh?
Speaker 10: Okay, because when before we started, before paid for it,
Speaker 10: I said I'll get in the case and I'll get
Speaker 10: the two magazines to come with it, and all these
Speaker 10: fructions said yes, he.
Speaker 1: Said that was that on your receipt? What was on
Speaker 1: your receipt?
Speaker 10: On the receipt all the shows just that particular model.
Speaker 10: And the price okay, quantity one miscellaneous and the price okay, all.
Speaker 1: Right, Tom, price of the gun different than what a
Speaker 1: new one would be. That he should have recognized that.
Speaker 10: I can get it on I can get a new
Speaker 10: one online for just dollars different.
Speaker 1: How much does he want? How much does he want
Speaker 1: for a new one?
Speaker 10: Yeah? Oh, for one? He said it would be at
Speaker 10: least two three.
Speaker 1: Hundred dollars more, and online you can get it for
Speaker 1: only thirty dollars more.
Speaker 10: Exactly. So I'm looking at it right now.
Speaker 1: I'm looking at But he offered to sell you a
Speaker 1: new one if you want to pay.
Speaker 10: More for two three? Uh yeah, considerably more, somewhere around
Speaker 10: two three.
Speaker 1: This is a dilemma. One's going to make the argument.
Speaker 1: Hold on, the argument can be made. He you know,
Speaker 1: you got to prove that he said, yeah, this is
Speaker 1: a display, you're going to get a new one, or
Speaker 1: that you're going to get a new one. I did.
Speaker 1: Let me ask you, this is really important. You asked
Speaker 1: about the case and everything. Does he have all the
Speaker 1: two magazines and the case for that one, even though
Speaker 1: it's used, does not? Did you say to him, well,
Speaker 1: you told me I was going to get two magazines
Speaker 1: in the case. Did you say that to him?
Speaker 10: No, this was a manager I dealt with when I
Speaker 10: went back, when I first made the sale the purchase,
Speaker 10: I talked to the salesperson and he is the one
Speaker 10: that I expressed I want the case.
Speaker 1: Okay, did the salesperson stick up? Hold on? Man, did
Speaker 1: you talk to the salesperson or ask the boss to
Speaker 1: talk to the salesman.
Speaker 10: No, he wasn't there.
Speaker 1: Did he say he would check with him? Did he
Speaker 1: say anything? Did you talk to.
Speaker 10: No, the person I talked to the manager. When I
Speaker 10: went back to finish, I went in different. He could
Speaker 10: chill less.
Speaker 1: Yeah, that's how here it is. I hate to say this,
Speaker 1: but honest to God, there's something about gunshop owners. They
Speaker 1: I swear to you, there's something about them that they
Speaker 1: don't care. I mean, I mean I've never seen it.
Speaker 1: I mean no, no, I mean they're arrogant and weird.
Speaker 1: I don't everyone I've dealt with. Maybe I'll find one
Speaker 1: that's not, But so far, everyone I've dealt with has
Speaker 1: been arrogant and weird. In fact, didn't we call on
Speaker 1: a problem? They hung up on you. Didn't we call
Speaker 1: on a gun problem? No, I've never I thought you did. Okay,
Speaker 1: So I don't know, George Arden. So the most it's
Speaker 1: going to cost you if you gave in is twenty
Speaker 1: percent fifteen or fifteen percent? Yes, so over one hundred
Speaker 1: bucks just because and you're and he refuses to even
Speaker 1: acknowledge that you are not buying that gun. I just
Speaker 1: don't think either of you have a strong case. Is
Speaker 1: what I'm saying, I don't think you have anything that
Speaker 1: proves he was going to order a new gun. I
Speaker 1: really don't. I don't think you do. I mean you don't,
Speaker 1: and he doesn't have anything to prove you were going
Speaker 1: to get that one. But by default I would say
Speaker 1: you were going to get that one because the receipts
Speaker 1: had one gun and that mod. Did he put a
Speaker 1: did he put a serial number down or did they
Speaker 1: have a serial number?
Speaker 16: They don't do that before the background check because they're
Speaker 16: not allowed to sell you the gun. So what they
Speaker 16: do is they technically sell you a gift card or
Speaker 16: a store credit, which they'll then apply to the purchase
Speaker 16: once your background check is approved and your waiting period
Speaker 16: is over.
Speaker 1: But if your background check doesn't go through, you get
Speaker 1: your money back.
Speaker 16: Well, A lot of gun shops charge what they call
Speaker 16: a restocking fee of fifteen twenty percent if you don't pass,
Speaker 16: if you don't pass yet, which is a crummy policy,
Speaker 16: it's diffinitely dirty policy. But that's not the case with
Speaker 16: this caller. He handled the actual gun that they tried
Speaker 16: to deliver to him. Now, I think his assumption and
Speaker 16: correct me if I'm wrong. George, your assumption was that
Speaker 16: you handled like a display model and then you're gonna
Speaker 16: buy and they're gonna actually deliver a brand new one.
Speaker 1: But I don't know why he thought that, because he
Speaker 1: said he said, am I going to get the two magazines?
Speaker 1: Am I gonna get this? Am I gonna get that?
Speaker 1: And he said, yeah, okay, So worst case scenarios the
Speaker 1: guy throws in two cases to two magazines in a cave.
Speaker 1: But what I need to know is this is that gun.
Speaker 1: Did you say, well, wait a minute, this one's used,
Speaker 1: I don't want this one, or anything like that before
Speaker 1: or did you just automatically assume he was ordering.
Speaker 10: One No, when we were talking to the showcases, that
Speaker 10: I'm going to get a new one, right with the
Speaker 10: case with the instructions.
Speaker 1: You specifically said, I'm going to get a new one,
Speaker 1: right I did. Will that guy that wided on you
Speaker 1: admit that.
Speaker 10: I don't know?
Speaker 1: I didn't, George, It's not going to be black and white, man,
Speaker 1: It's not.
Speaker 10: Now, that's what I was not.
Speaker 1: Here's what I would do if I were you. I
Speaker 1: would do it, unless you have to sign a release.
Speaker 1: I would do it. Have him retain that money and
Speaker 1: go after it. But to go after in small claims
Speaker 1: course fifty bucks or just leave everything where it is
Speaker 1: and go after the nine to fifty. But it's going
Speaker 1: to cost you fifty bucks for small claims court. If
Speaker 1: you get that back, if you win, you get back
Speaker 1: your filing fee. Are you sure that I had that
Speaker 1: happen in a case I won this past spring. I
Speaker 1: didn't know that they added that, so I sued for
Speaker 1: the limit, the jurisdictional limit.
Speaker 16: I got that award for seventy five hundred, and they
Speaker 16: added all my service, mailing, filing fee, everything. It came
Speaker 16: to another three hundred bucks on top of the seventy
Speaker 16: five hundred. I didn't know that Adams County.
Speaker 1: So, George, you may want to try that, but we
Speaker 1: don't have anything to go after this store. We just
Speaker 1: don't have anything. Your receipt says exactly what he's willing
Speaker 1: to give you. I have to take this break. I'm
Speaker 1: Tom Martine Moore coming up. Go with a sure thing
Speaker 1: Denver's Best roofer excel roofing dot com. You don't pay
Speaker 1: a cent until you're content wait on top of it,
Speaker 1: time for an insurance check up free, no obligation. In
Speaker 1: comparison call Compass Insurance paying too much your coverage at
Speaker 1: dozens of insurance companies find out now three all three
Speaker 1: seven seven to one help. You'll think you're his only
Speaker 1: customer when you choose Frank durand the real estate man
Speaker 1: dot com to list your home with Remax Alliance three
Speaker 1: all three nine two zero sixteen twenty two. Hi Tom Martino,
Speaker 1: you're a troubleshooter. Three O three seven one three talks
Speaker 1: seven one three eight two five five. Okay, let me
Speaker 1: go to the phones here. I got a lot of
Speaker 1: people calling here, so George. Wait, did I just talk
Speaker 1: to George with a gun issue? Okay, that's what we said,
Speaker 1: Small claims Court yours. I don't know what else to
Speaker 1: tell you.
Speaker 10: Bro.
Speaker 1: Now I'm gonna go to Heidi. Who's next, Heidi? Go ahead?
Speaker 1: What's going on with you? Heidi?
Speaker 18: I com II. My family's always been a fan of
Speaker 18: yours for years and years and years.
Speaker 1: Thank you.
Speaker 10: It's tough what's going on under these centers?
Speaker 9: Well, I know you're probably gonna.
Speaker 18: Get frustrated with me.
Speaker 9: To bear with me, all right, I had Okay, let
Speaker 9: me just start.
Speaker 18: For telling you that I'm by myself very vulnerable. Both
Speaker 18: of my parents died at the same time, and around that.
Speaker 9: Time, I was a mess, right, blah blah blah. That's
Speaker 9: a whole nother thing that I want you to listen
Speaker 9: to maybe one day.
Speaker 18: Can Anyway, I had filed. I didn't have any money.
Speaker 18: I was living in motels well.
Speaker 9: And I know my dad had, and I know my
Speaker 9: dad had.
Speaker 18: Money that I should have received, but I never did.
Speaker 9: There's so much into that.
Speaker 5: But the one that I wanted that I'm calling about
Speaker 5: today is I had applied for a loan at online
Speaker 5: you know those apps or those advertisements.
Speaker 4: What did you?
Speaker 1: Did you apply for a personal loan or some kind
Speaker 1: of mortgage for a house? Just a personal loan?
Speaker 9: No? No, yeah, just like a just like a fast
Speaker 9: cast type.
Speaker 18: Like if you need money right now and you're an emergency.
Speaker 18: I was like, whoa crap, Yeah, I'm an emergency. I'm
Speaker 18: all by myself in a motel in a creepy neighborhood.
Speaker 18: I'm scared to death. Man, I lost my parents, my
Speaker 18: kids are all out of state. My two children are
Speaker 18: growing on their own that they think I'm nuts anyway,
Speaker 18: since my parents died, so I'm like, oh, crap, I
Speaker 18: need to help help me. So I applied for one
Speaker 18: of those lending Tree things.
Speaker 1: Wait ho ho ho ho ho ho. Wait wait wait
Speaker 1: wait lending Tree was that the actual place you went?
Speaker 1: Lending Tree on the line. Yes, they don't do they
Speaker 1: don't do person lending Tree does not do personal loans.
Speaker 18: They're the middle guy, right, No.
Speaker 1: They don't do anything. They do not do personal loans.
Speaker 5: Well, they ripped me off.
Speaker 1: Okay, okay, hold on, just hiding. Hold on, Heidi, Heidi,
Speaker 1: let's slow down. I need to know who you actually
Speaker 1: dealt with. I need to know the way site.
Speaker 12: Okay.
Speaker 18: The website is.
Speaker 5: Lending Tree, uh, since ninety five at gmail dot com.
Speaker 1: Oh okay, hold on, hold on, hold on. Did you
Speaker 1: actually go to a website to apply or did you
Speaker 1: do this by email?
Speaker 18: I did it on a website.
Speaker 1: What is the website? If I want to go look
Speaker 1: at it?
Speaker 15: What is it?
Speaker 9: Gets true?
Speaker 1: Just tell me, Heidi, lending World dot com. Okay, then
Speaker 1: it's not lending Tree. Can we agree on that? Thank you?
Speaker 7: But it's both of them.
Speaker 1: It is no, it is no, it isn't. No, it isn't.
Speaker 1: They're lying to you. It's not lending Tree. Okay. So
Speaker 1: Lendingworld dot com. So what happened at Lendingworld dot com?
Speaker 1: They have?
Speaker 9: They have?
Speaker 1: Uh? First of all, I can't even find a lending
Speaker 1: World dot com. It's a you are all that's not taken.
Speaker 1: So who I need to know? The actual website you
Speaker 1: went to.
Speaker 18: The actual website I went to was.
Speaker 9: Uhlen uh.
Speaker 18: Lending lending. The actual website is www. Bard Flash dot
Speaker 18: lending World. The website is what it says.
Speaker 1: Wait and lending hold on hold, just wait, Lendingworld dot
Speaker 1: website dot does exist. Okay, yeah, I'm there now I
Speaker 1: see it. Okay, now I'm here, And so this is
Speaker 1: where What did you do after you came to this site?
Speaker 18: I went ahead and submitted my information, my social and
Speaker 18: all that for the lad Then what.
Speaker 10: I got an.
Speaker 18: Email and stating that thank you for your interest.
Speaker 1: In And that was the email that said lending World right. Yes,
Speaker 1: Oh no, I said lending Tree. I'm sorry, said lending
Speaker 1: Tree or something.
Speaker 18: Yeah. Okay, So I went to lending World dot com
Speaker 18: and I applied.
Speaker 1: I went to Lendingworld dot website and you applied, yes, sir?
Speaker 1: And then what happened? Did they ask for money upfront?
Speaker 10: Yes?
Speaker 1: How much?
Speaker 18: Six hundred.
Speaker 1: Where did you get six hundred? If you were out
Speaker 1: of money?
Speaker 18: I borrowed from my friend. I was supported you to
Speaker 18: borrow some money from my friend. Little by the way,
Speaker 18: I told him.
Speaker 10: What's how much?
Speaker 1: Okay? Hold on? How much were you? How much were
Speaker 1: you going to borrow.
Speaker 18: Ten thousand?
Speaker 1: And what were you going to do? How were you
Speaker 1: going to pay back ten thousand with no job?
Speaker 18: I was going to try it because I have just to.
Speaker 1: Answer me the question. I don't need excuse, I just
Speaker 1: need how were you going to pay back? With no job,
Speaker 1: no money, no bank, nothing, How were you going to
Speaker 1: pay back ten thousand dollars?
Speaker 18: I had a little job at a gas station part time,
Speaker 18: and I was going to send them out of my paycheck.
Speaker 1: Okay. And you thought that you would qualify with no credit,
Speaker 1: no money, and working at a gas station, you thought
Speaker 1: you would qualify for a personal loan unsecured of ten
Speaker 1: thousand dollars?
Speaker 18: Yeah, because they said I would.
Speaker 1: I Oh my god, they said you would, then it
Speaker 1: must be true. I'm making fun here a little, Heidi,
Speaker 1: because obviously they were lying to you. Hold on, okay,
Speaker 1: I'll come right back to you. I'm not trying to
Speaker 1: be mean. Okay, we got to figure out what to do,
Speaker 1: and I hope to God I can do something. I
Speaker 1: really do.
Speaker 10: Hold on.
Speaker 1: Go with a sure thing Denver's Best roofer Excel roofing
Speaker 1: dot com. You don't pay a cent until you're content.
Speaker 1: Time for an insurance check up free, no obligation. In comparison,
Speaker 1: call Compass Insurance paying too much your coverage at dozens
Speaker 1: of insurance companies find out now three all three seven
Speaker 1: seven to one. Help. You'll think you're his only customer
Speaker 1: when you choose Frank durand the real estate Man dot
Speaker 1: com to list your home with Remax Alliance three oh
Speaker 1: three nine two zero sixteen twenty two. Hi, Tom Martino,
Speaker 1: you're troubleshooter three all three seven one three talk seven
Speaker 1: one three eight two five five God, I had so
Speaker 1: much I wanted to talk about today, but I have
Speaker 1: callers I need to get to first. But man, do
Speaker 1: I have a lot to say about things and really
Speaker 1: good information I found? So right now, Heidi, we examine
Speaker 1: this site. Heidi, listen. Okay, did you call because you
Speaker 1: wanted to get your six hundred back? I'd like to you,
Speaker 1: won't you were so? Heidi? I just want to be
Speaker 1: honest with you because you sound like a nice person.
Speaker 1: You really, honest to God, have been so completely ripped off.
Speaker 1: They have so many misspellings and derivations wrong. I swear
Speaker 1: to God, I would think Mark Major wrote this. I'm
Speaker 1: just kidding. No, seriously, this thing is out of some
Speaker 1: foreign country. They honest, it's a complete fake, fabricated site.
Speaker 1: I'll bet you they never did one loan in their
Speaker 1: entire lives. They collect fees and they're probably offshore. Okay,
Speaker 1: we're never going to get you. We're just never going
Speaker 1: to get your money back.
Speaker 12: Okay.
Speaker 1: Now I have to ask a few questions. How long
Speaker 1: have your parents been deceased?
Speaker 18: Two years?
Speaker 1: How have you been living? Do you have any kind
Speaker 1: of income whatsoever?
Speaker 5: No?
Speaker 1: Then how did you live? Now? I'm asking these questions
Speaker 1: because I need to know how have you lived for
Speaker 1: two years without any money?
Speaker 18: But I have a best friend who has been meeting
Speaker 18: me stay with them with his family.
Speaker 1: And how do you know this best friend that is
Speaker 1: a wonderful person. They let you live there.
Speaker 18: Yeah, they're very nice, very very kind people that I've
Speaker 18: grown close to, like a family of my own.
Speaker 1: You're Heidi, God bless them. Now do you work?
Speaker 9: No?
Speaker 1: How come you don't work? Why don't you work?
Speaker 18: I don't feel mentally stable right now?
Speaker 1: Okay, have you gotten some counseling or help? No? Are
Speaker 1: you on metadd Yes? Good. You can get some mental
Speaker 1: health counseling with medicaid. Heidi, I want to help you. Okay,
Speaker 1: this doesn't have to be our last conversation. But you
Speaker 1: have to get some help for your depression. Okay, you
Speaker 1: really do. It's free, you have Medicaid. You can get
Speaker 1: it done.
Speaker 10: Now.
Speaker 1: Okay, what kind of work if you were happy or
Speaker 1: could you do? What are you qualified to do?
Speaker 18: I have a college education. I work for the Denver
Speaker 18: Water Department for twelve years.
Speaker 1: And then all, okay government, okay, what is your education in.
Speaker 10: Business?
Speaker 18: Accounting and budgeting?
Speaker 1: Come on? Really, Heidi? Really?
Speaker 5: Yeah?
Speaker 7: Yes, I know.
Speaker 18: I'm a very intelligent woman.
Speaker 7: I really am.
Speaker 18: Itged just when I lost my family.
Speaker 1: I just like, no, I know, Heidi, Heidi? How old
Speaker 1: are you? Heidi? How old are you?
Speaker 18: Forty eight?
Speaker 1: It sounds like you're crying when you're talking.
Speaker 18: I know, and I try to not do that because no,
Speaker 18: hold on.
Speaker 1: Hold on, as Yodas says, there is no try. Just
Speaker 1: don't do it. You sound you sound you're way smarter
Speaker 1: than you sound because of that, and you have a
Speaker 1: college education, then Heidi, then let's kick some ass and
Speaker 1: start going. If you have friends right now, thank god
Speaker 1: you have friends. So if you start working, you can
Speaker 1: save a little and get your own place. Okay, I
Speaker 1: mean I don't think it's impossible. I think that we
Speaker 1: might be able to even find you work if you
Speaker 1: can straighten life out. Now, are you on drugs or alcohol? No?
Speaker 1: Are you sure?
Speaker 7: Yes?
Speaker 1: Okay, no drugs, no alcohol. What do you do every
Speaker 1: What do you do every day? You worry about yourself?
Speaker 18: I'm writing, I'm trying to write a book. I really
Speaker 18: want to finish this about what about You're going to
Speaker 18: think I'm freaking crazy, Tom, You'll probably already do what
Speaker 18: spirituality things that I've witnessed during.
Speaker 1: My time, Like, I don't think you're crazy. There's nothing
Speaker 1: wrong with having a passion. But please do me a favor, Heidi. Seriously,
Speaker 1: I want you to seek out mental health counseling, a
Speaker 1: counselor that takes medicaid. I'm really serious. If you do
Speaker 1: that and show me you have an appointment, I will
Speaker 1: help you with the next step, and that'll be helping
Speaker 1: you get a job and even helping you find some
Speaker 1: food and other things. But I want you you have
Speaker 1: to take the first step now, Kachina. Give her, at
Speaker 1: the risk of being insane, give her my Google number
Speaker 1: and you can text me here Heidi, Okay, do you
Speaker 1: have a phone to text me? Okay, I'll give I'll
Speaker 1: give you the number on the air here it is okay,
Speaker 1: you can tell you this is my that goes to
Speaker 1: my personal phone. It's a text seven four seven fifty
Speaker 1: to eighty Okay, So that's okay, So hang on us
Speaker 1: and call me back. Text me with anything you need.
Speaker 1: Get off the phone right now. Medicaid will cover mental
Speaker 1: health counseling somewhere no matter where you go. If it's
Speaker 1: covered by Medicaid, make an appointment and then let me
Speaker 1: know and I'll give you the steps to get out
Speaker 1: of this rut. Okay, please, You're not going to borrow
Speaker 1: yourself out of trouble. Ever. It never happens. Never. I'm
Speaker 1: Tom Martine. Listen. I started my Wave eight financial my
Speaker 1: Wave eight wealth management because I was frustrated with the industry.
Speaker 1: I started as six years ago. I went public just recently.
Speaker 1: I've been helping a lot of people, but I'm gonna
Speaker 1: warn you. Okay, if you want the truth, you can
Speaker 1: come to me. Some people said, wait a minute. You
Speaker 1: know they didn't like the bad news, and I'm not
Speaker 1: even trying to get their business. Some people shouldn't be investing.
Speaker 1: Some people know how to do it themselves. I will
Speaker 1: help you by looking at what you're doing and giving
Speaker 1: you God's honest information. My goal here is not to
Speaker 1: get rich off if you My goal is to help
Speaker 1: you as I help myself, and we do make money
Speaker 1: on this. By the way, it is a business, but
Speaker 1: you only thrive by helping others. If you want someone
Speaker 1: honest who has their own money invested right along with yours,
Speaker 1: then please look it up. Drop us a note. You
Speaker 1: can text me even at my Google number. You can
Speaker 1: text me there, or you can text your call three
Speaker 1: oh three seven seven to one help seven seven one
Speaker 1: four three five seven. That's three oh three and seven
Speaker 1: to one help. There is no obligation. I don't care
Speaker 1: if you have one hundred dollars or one hundred million dollars. Seriously,
Speaker 1: there is no obligation to talk to us. You might
Speaker 1: find it very enlightening. Three o three seven seven to one.
Speaker 1: Help go with a sure thing Denver's Best roofer Excel
Speaker 1: Roofing dot com. You don't pay a cent until you're content.
Speaker 1: Time for an insurance checkup free no obligation comparison call
Speaker 1: Compass Insurance paying too much your coverage at dozens of
Speaker 1: insurance companies find out now three oh three seven seven
Speaker 1: to one. Help. You'll think you're his only customer when
Speaker 1: you choose Frank Durand the real estate Man dot com
Speaker 1: to list your home with Remax Alliance three oh three
Speaker 1: nine two zero sixteen twenty two. I'm Tom Martinez. We
Speaker 1: don't have much time, so I'm going to say goodbye
Speaker 1: to uh, the guy that broke my camera. Dan McKenzie
Speaker 1: mackenzie law. Dan. People always ask this, Okay, I'm just
Speaker 1: gonna come right out. They want to know about consultations
Speaker 1: because a lot of people say free consultations. So let's
Speaker 1: get it right out there. How do you work when
Speaker 1: people want to talk to you?
Speaker 6: So we do have a free consultation with our paralegals,
Speaker 6: just to find out what the deal is, whether we
Speaker 6: might be helpful.
Speaker 1: Will you give him an estimate.
Speaker 6: After that, yes, they can give an estimate, and then
Speaker 6: if they do want to meet with a lawyer, there
Speaker 6: is a fee. That fee would apply to the plan
Speaker 6: that they end up doing.
Speaker 1: Okay, so it's all paid for something, right, Okay, that's
Speaker 1: just a free option. Now again, people, I always say
Speaker 1: this because he is live and local. In fact, I
Speaker 1: call it a boutique kind of firm. I mean, you
Speaker 1: get to talk to Dan, and he's accessible and he's
Speaker 1: got his people working with him. But the number sounds national,
Speaker 1: sounds like, you know, it's some, but it's I think
Speaker 1: it's brilliant. By the way, eight three to three co plans.
Speaker 1: But whenever I give that number out, some people say,
Speaker 1: is he local? Yeah, he is eight three three C plans.
Speaker 9: You know.
Speaker 1: The good thing about a state law, you know, there's
Speaker 1: not quarter peers or trials or stuff. I mean, unless
Speaker 1: you get into a contested probate and stuff. But what
Speaker 1: we're talking about is you don't need to go to
Speaker 1: his office that much. Martino