The Troubleshooter 4-15-25

Episode Transcript

Speaker 1 (00:00):
Yea ripped up news needed by, so you don't have
come runing just as fast as we can. Shooter's gonna
help come.

Speaker 2 (00:19):
Man.

Speaker 3 (00:19):
This is the Troubleshooter Show now, Tom Martine.

Speaker 4 (00:27):
Hey, Tom Martino here, Welcome to the show. Three oh
three seven one three talk seven one three eight two
five five.

Speaker 5 (00:34):
We're here to talk about.

Speaker 4 (00:35):
Anything near and dear to your heart and your pocketbook,
the things that tick you off and the things that
make you tick.

Speaker 5 (00:44):
Welcome, one and all.

Speaker 4 (00:45):
We are streaming on YouTube, as we do every day
with my YouTube morons.

Speaker 5 (00:49):
You can be a moron too.

Speaker 4 (00:51):
If you go to YouTube, you just look up the
Troubleshooter Show or Troubleshooter Network and you'll find us. It's
also you can search referral list. So welcome my morons,
one and all. And also they want me to and
I don't know how to say this, but we have
a Discord going on and Tim always asked me to
promote that discord, and I just need to know how

(01:13):
I send people to Discord. I'm not sure, but we
do have a Troubleshooter group at Discord and we invite
you to join that. So today we have a guest
that's important about estate planning. But we're also going to
touch base with our accountants on last minute tax things.

(01:34):
A lot of people are extending. Nothing wrong with that.
Extensions are somewhat automatic, but you don't extend the time
to pay. Ever, remember that you never extend the time
to pay. So give us a call one and all
three oh three, seven to one to three talk three

(01:55):
oh three, seven to one, three eight, two five five,
and we'll be happy to talk.

Speaker 5 (02:00):
To you about your problem.

Speaker 4 (02:01):
You can always call three oh three Martino as well,
three oh three six two seven eight four sixty six,
and you can call that twenty four to seven and
we'll get you on the air. You know, I was
shocked to hear that Lebron James and Stephen Curry are

(02:22):
no longer the top selling jerseys in the NBA. This
is just a side note, you know. I'll be honestly,
I'm a fairweather fan. I just got interested in the
Nuggets recently. I used to be interested in him years ago,
and then of course with the Joker and the team
they have now, I got reinterested. And uh, where do

(02:43):
you think Jokick the Joker falls in jersey sales and
the number one Laker, Luca Luca Donzik he is the
numb number one, or Don Kick Don Kick, he's the
number one Jersey seller. And Stephen Curry's number two. Then

(03:07):
Lebron James. But these other guys, I'm not really a
big NBA guy, but Jokick is number ten. So you
have one, two and three, which is Luca, Seph Curry,
Lebron James. Then you have Jason Tatum, of course he's
great with Boston. And then you have Jalen Brunson and

(03:28):
Victor went Banan Yama, what the hell I mean anyway, Then.

Speaker 5 (03:33):
Then you have then you have.

Speaker 4 (03:36):
Yeah Shay I believe his name is, and then you
I don't know how to pronounce the name. And then
you have Nicola Jokick and he's number ten.

Speaker 5 (03:46):
So I was just uh.

Speaker 4 (03:47):
I was just shocked because Lebron James for because the
name's school, the Jersey School.

Speaker 5 (03:53):
I was shocked to hear that.

Speaker 4 (03:55):
And speaking of sports, the only time I become interested.

Speaker 5 (04:03):
In golf is during the Masters.

Speaker 4 (04:06):
And by the way, if you're trying to call in,
our phones are temporarily down, just temporarily, but we'll let
you know when they're up and running.

Speaker 5 (04:13):
We're having some phone issues.

Speaker 4 (04:16):
So anyway, when we're talking about the Masters, you had.

Speaker 5 (04:22):
This what was that?

Speaker 4 (04:23):
The Susan Lucci of Masters. He's been at the Masters
for years and years and years and years and just
one and I'm telling you it was really fun to watch.
And the reason I bring up the Masters is not
because of the Masters, but because of because of this
woman who lives next door or near the golf course.

(04:47):
And people are selling their homes to the Masters, or
to this golf course, or to whoever the developer is.
They're selling their homes because they want to expand the
Massters property. But a ninety year old, ninety two year
old woman who her home is near Augusta National and

(05:11):
they want to expand the golf course. They have offered
her more than one million dollars for a tiny brick
bungalow that I think she bought for ten to twelve grand.
She will not sell, she says, I'm sorry, I will
not sell. The home is actually valued at about three

(05:35):
hundred and she bought it probably for around twelve it
says ten to twelve. And she's ninety two and is
turning down one million dollars or more than one million dollars.
So that's Elizabeth Thacker. She says, I don't want to

(05:55):
sell my home. I know that the Masters is a
good thing and they want to expect, but I don't
want to leave my home. I don't want to sell
my home. She's lived in it for years. It's less
than a mile away. But they're buying up all the
property around them, and.

Speaker 5 (06:13):
Of course there are a lot.

Speaker 4 (06:14):
Of holdouts for money, and they offered her more than
a million dollars.

Speaker 5 (06:21):
It's a little three bedroom house.

Speaker 4 (06:23):
She raised all her children there and says, no too
many memories there, and my husband died here. Money ain't everything,
she said, we really don't want to go. So that's
the story. That's why I mentioned the Masters I have
with me today. I'm going to bring them up here
if you're streaming a guest and we'll talk about a

(06:48):
state planning. Dan McKenzie's with us and Dan has co
plans dot Co and Kachina. Let me know when the
phones are up and running. We do want to talk
about a lot of things. The facts here. Oh they're
up there. Okay, the phones are now working. If you're
trying to get through, you can get through now. At
three ozho three seven to one three talk three oh

(07:10):
three seven one three eight two five five. Now that's
the iHeart number. That's good every day during the show.
And then three oh three Martino is good twenty four
to seven, three oh three six two seven eight four
sixty six. I just happen to have some facts I
put away some texts. I say, facts that shows in age,
right my text. Somebody wants to know, does in a
state have to file a tax return?

Speaker 5 (07:30):
That that's really I never even thought of that. So
they do.

Speaker 6 (07:34):
Yeah, if they're earning income.

Speaker 4 (07:36):
Sure, okay, But if the if someone dies that year,
let's say they died in twenty four, in September or October,
you know, August or whatever, do they does that dead
person have to file does the estate file for that
dead person? For the deceased person, they file a tax return.

Speaker 7 (07:54):
Yeah, so there can be two because yeah, you can
file for the income they earned while they're still alive,
and then if they're still learning income afterwards, it's okay.

Speaker 4 (08:01):
So if the estate's aren't even have that separate, but
they do file a tax return for the year they died,
and the personal representative does that yep, And when you
do this return, if taxes are owed, the estate literally
has to pay the taxes. So the two sure things
death and taxes, and taxes can actually follow you after death,

(08:24):
your estate will have to pay for what you made
in the year you died.

Speaker 5 (08:29):
Okay, So now the estate pays.

Speaker 4 (08:32):
Now the estate has some income and some passive investments,
and they're trying to settle the estate. Now we move
into twenty twenty five, So this year the estate makes money.
What happens before April fifteenth, twenty twenty six.

Speaker 6 (08:47):
Yeah, I mean the estate will have if it.

Speaker 5 (08:49):
Has is it the estate of xy of Johnson.

Speaker 6 (08:54):
It's a different Yeah, it's a different return than the ten.

Speaker 5 (08:57):
Forty it's do you do those I do not.

Speaker 6 (09:00):
Some attorneys do, but we usually refer CPAs to do it.

Speaker 5 (09:03):
Okay.

Speaker 4 (09:03):
So as long as the estate is open and earning income,
it must pay correct.

Speaker 5 (09:09):
Okay.

Speaker 4 (09:09):
Now the other thing, and by the way, three oh
three seven to one three talk. I know some people
were trying to get in and they texted me said
they couldn't three oh three seven one three eight two
five five.

Speaker 5 (09:19):
The phones are now working. So when.

Speaker 4 (09:24):
Assets are distributed, I always tell people you can gift
as much as you want to your people right now,
you can. You can leave money to your people. You
don't pay the people who receive it pay no tax?

Speaker 5 (09:36):
Is that right?

Speaker 8 (09:36):
Right?

Speaker 4 (09:37):
The only time you pay tax on an inheritance, I'm
told is when tax has not been paid on what
you're inheriting.

Speaker 5 (09:48):
Does that make sense? Is am I saying that correctly?

Speaker 9 (09:50):
Yeah?

Speaker 6 (09:51):
Retirement accounts?

Speaker 10 (09:51):
Sir?

Speaker 5 (09:52):
So if you if you inherit a retirement account? Yeah?
Does it be if they had a four oh one
K and I inherit a four oh one K from
an estate? Do I now have a four to one k?

Speaker 6 (10:05):
Yes? But it's inherited, and so.

Speaker 5 (10:08):
So what is it?

Speaker 4 (10:09):
Does it become Tom Martino's four oh one k? Or
is it John Smith who dies four one Kay's?

Speaker 6 (10:14):
It's your inherited four oh one k?

Speaker 4 (10:16):
So what do I do with an inherited four oh
one K for a one If they didn't pay tax
on that, that's tax deferred. Do I start taking income
on that? What do I do with it? Or can
I just keep it?

Speaker 5 (10:27):
Can I roll it into mine? Okay?

Speaker 4 (10:29):
No? So what do you do? That's one of the
texts here. I inherited a four oh one K. Actually
they inherited an ira, but it would be the same,
wouldn't it.

Speaker 6 (10:37):
It depends on if it's traditional or ofth but yes.

Speaker 4 (10:40):
You know it's traditional, so okay, so I inherit this
what happens.

Speaker 7 (10:44):
So you have ten years under they Secure Act, which
was passed in two thousand and seven. So I have
ten years to do what nineteen to withdraw all the
funds and.

Speaker 5 (10:52):
I and as I withdraw them.

Speaker 6 (10:53):
Yeah, you're declaring that as income.

Speaker 5 (10:56):
So if I wanted to withdraw.

Speaker 4 (10:58):
Only a very little of it, I can. I don't
have to do them in ten even payments.

Speaker 7 (11:03):
There is a minimum distribution. It's kind of a silly formula.

Speaker 4 (11:05):
Even if you're an under seventy two, there's a minimum distribution.

Speaker 5 (11:08):
Yeap, And what's the formula? So it's exhausted.

Speaker 7 (11:11):
It's based on your age. Okay, I'm fifty, I've got
you know, a thirtieth. They're gonna assume I'm gonna look
to be about eighty two. So I withdraw that for
the first nine years, and then in the tenth year,
I gotta take the balance. So there could be some
strategies in there because I don't want to leave it
all for the tenth year and potentially bump myself up
a tax bracket.

Speaker 4 (11:27):
Well, but presumably as you get older, your income's lower,
so you would want to do it maybe.

Speaker 7 (11:32):
If I'm fifty, If I inherit it when I'm fifty
and I'm still sixty, I'm probably still earning income.

Speaker 4 (11:36):
Okay, So anyway, you have ten years with inherited qualified
money to distribute it to yourself and to.

Speaker 5 (11:43):
Pay tax on it.

Speaker 6 (11:44):
Correct.

Speaker 7 (11:46):
Yeah, okay, so except roths. Roths are also you're constrained
to ten years, but you're not paying tack.

Speaker 4 (11:52):
Can you take the four to one K or the
IRA in year one and invest it in something else?
But you have to pay tax on it, but no penalty,
even if you're under fifty nine oh a half.

Speaker 7 (12:03):
They want you to they want you to write, they
want you to take that money on pay those taxes.

Speaker 6 (12:07):
There's no penalty. This is that though Kirst new it
was for his dad.

Speaker 4 (12:11):
So if I'm under fifty nine and a half, I
take that money anyway, and it's not considered early withdrawn.

Speaker 7 (12:16):
Not a penalty, but you're you know, again, you might
bump yourself up some tax brackets by taking you know
several hundred.

Speaker 5 (12:21):
Thousand atat of time. Heather, welcome to the show.

Speaker 4 (12:24):
You're having a problem with a general contractor.

Speaker 5 (12:27):
What's going on, Heather.

Speaker 11 (12:29):
Well, I started with him in February of two thousand
and twenty two.

Speaker 4 (12:38):
I believe, my goodness, what are you having Just tell
me what you're having done, and we'll come back and
give you time to explain the whole thing. What are
you having done with this contractor?

Speaker 11 (12:48):
I had him remove an old woodstove and put in
a new one.

Speaker 5 (12:54):
That's all.

Speaker 4 (12:55):
That's that's all, entire, entirety. And it started in twenty
twenty two.

Speaker 11 (13:01):
Yeah, and and and put in a tile, you know,
for fire safety on the wall.

Speaker 4 (13:09):
Okay, what is the what is the name of the
contractor that you hired in twenty twenty two to do
this woodstove?

Speaker 11 (13:15):
Your business is called Anthony's Chimney Service.

Speaker 5 (13:20):
Anthony's Chimney Service.

Speaker 4 (13:22):
Okay, hold on and we'll come back to you and
figure out what's going wrong and how we can help you.
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Speaker 5 (14:14):
Help.

Speaker 4 (14:14):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martine here three oh three
seven one three talk seven one three eight two five five.

(14:34):
So Heather hired the Chimney Service to replace a wood
stove in twenty twenty two.

Speaker 5 (14:44):
Continue your story, Heather, I.

Speaker 11 (14:48):
Got the I got the year run. It's twenty twenty three,
but in February, Hey, I the reason they haven't replaced
is that the wood show I had was large and
you can't have a large wood stove in a small
house because it's not safe. Number one, you have to
run it at a certain temperature for it to be safe.

(15:09):
And if you run a big stove at that temperature
in a small house.

Speaker 5 (15:12):
Okay, I get it.

Speaker 4 (15:13):
So you put a smaller So you put a smaller
woodstove in.

Speaker 11 (15:17):
Is that what you're saying, Yeah, that's what I hired
him to do, which he did, okay, okay. And he
was also going to put in the fire protection on
the walls and on the floor the tile and.

Speaker 4 (15:33):
Okay, got it and like like like a protective tile,
right and.

Speaker 11 (15:40):
The original balance. He charged me five thousand dollars okay
for okay, okay, And then he came back. He put
the stove in. He bought stuff at home depot, which
I know. The floor tile I looked at it up
and the cost of dollars forty seven apiece. There are

(16:03):
a foot square and I intwered my house.

Speaker 5 (16:05):
So why are you questioning, Heather? I have a quick question.

Speaker 4 (16:09):
If this happened in twenty twenty three, why are you
questioning now what he charged you?

Speaker 11 (16:16):
Because that's not all he charged me.

Speaker 5 (16:20):
Okay, he charged me continue.

Speaker 11 (16:21):
In twenty seventy three. Okay, the five thousand, then yes,
then he charged me and also two thousand and seven hundred.

Speaker 5 (16:36):
And that was when did he hold on?

Speaker 4 (16:38):
Was that in twenty twenty four or was that still
in twenty twenty three.

Speaker 11 (16:43):
Twenty twenty three? In July twenty twenty three, he charged
me another three thousand. In September of twenty twenty three,
he tried another another.

Speaker 4 (16:52):
Okay, hold on, hold on, hold on, Heather up, I'm confused.
So the first payment you made, you paid him five grand,
then he checked charge twenty seven hundred more.

Speaker 11 (17:03):
Twenty seven hundred more in September of that year, and
then got it. Why why me another three thousand? Then?

Speaker 5 (17:14):
Why did he why Heather?

Speaker 4 (17:17):
Why did he charge you twenty seven hundred in September?
I want to take one at a time. Why did
he charge that?

Speaker 11 (17:25):
Let me see, I'm trying to look at the receipts,
but he gave me.

Speaker 4 (17:32):
Because it seems to me if he put in a
smaller tie, if you put in a smaller stove and
put up the protective tile for five grand, what was
the other twenty seven hundred dollars for?

Speaker 5 (17:42):
Did you have him do more work.

Speaker 11 (17:48):
He also had to stain the the chimney out.

Speaker 4 (17:51):
And you know, so was that the twenty seven hundred?
What was what? What I need to know on your invoice?
What was the twenty seven hundred for?

Speaker 8 (18:04):
It was?

Speaker 11 (18:04):
It was his first year for cleaning the chimney and
bringing the stove down and taking the old stove out.

Speaker 4 (18:10):
And yeah, but wait a minute, you already paid him
five grand for that.

Speaker 5 (18:15):
So what's the twenty seven hundred for?

Speaker 10 (18:18):
Yeah?

Speaker 11 (18:18):
I know that, and I can't find what ex for?

Speaker 5 (18:23):
Okay, I get it.

Speaker 4 (18:24):
Hold on, I need to I need to ask you
a question though on this. So for that five grand,
did he supply the stove or is that just labor?

Speaker 11 (18:36):
He said it was a chimney. It was for the
chimney and inspection.

Speaker 4 (18:41):
I get it, But I need to know the five
grand that you paid originally, did it include the stove itself?

Speaker 5 (18:48):
The five grand?

Speaker 11 (18:49):
Yes, that includes the stove.

Speaker 4 (18:52):
Okay, okay, So so twenty seven hundred then he charged
then he charged something else.

Speaker 11 (19:03):
Yeah, and.

Speaker 5 (19:08):
So in addition to the five and.

Speaker 4 (19:10):
The twenty seven hundred, he charged you another three grand.

Speaker 5 (19:13):
You said, yeah, well.

Speaker 11 (19:16):
He charges one hundred and seventy five dollars an hour.

Speaker 4 (19:18):
Also, but what was the additional Okay, I got the
five grand. I don't agree with it. I got the
twenty seven hundred. I don't agree with it. But then
you said he collected another three thousand dollars?

Speaker 5 (19:32):
What was that for?

Speaker 11 (19:34):
Let's see trink thousand? Original quote? He said, The original
quote was seventy two and this is in let's see
April of two thousand, twenty three. Oh, he said that
was you all call.

Speaker 4 (19:53):
So let me just heather, Heather, we don't want to
do math on the air. Let me just say this
in general, you paid this guy over ten grand.

Speaker 11 (20:03):
I paid him almost I paid him fourteen thousand, five
hundred and fifty dollars altogether. Oh my god, But I
still don't have the tie about fire protection tile down,
and I've hired another guy that I totally am completely trust.

Speaker 4 (20:20):
Wait a minute, and what is this guy's name? Is
guy's name at Anthony's what's his full name?

Speaker 11 (20:26):
I think that his last name is Jones.

Speaker 5 (20:30):
What does it spell that?

Speaker 11 (20:32):
J O N E s.

Speaker 5 (20:36):
Oh Jones? Okay, got it?

Speaker 4 (20:39):
Listen, do you have a phone number for this guy?

Speaker 11 (20:42):
Yes?

Speaker 12 (20:43):
I do?

Speaker 2 (20:45):
You found it you found it, Dmitri, Yeah, I found
Anthony's Chimney sweeps and website they also yeah, and so yeah,
I have to speak up a little there. Oh yeah,
so yeah, I do have their phone number and I
have their website.

Speaker 5 (20:59):
Could you do me a favor and call him?

Speaker 4 (21:01):
Yeah, you know, Heather, do you have invoices that you
can send to us?

Speaker 12 (21:09):
They're not there on that yellow.

Speaker 5 (21:14):
Okay, no, I get it, I get it.

Speaker 4 (21:16):
Can you take would you be able to take a
picture of the front of them, just a rough picture
with your cell phone, not.

Speaker 5 (21:23):
A rough picture, a high quality picture.

Speaker 4 (21:25):
Well, I mean, just for the for getting started, just yea, yeah,
I want to Yeah, if hold on her send us
pictures of those invoices, if she can just snap a
shot of those.

Speaker 5 (21:37):
You know, we we don't need.

Speaker 4 (21:39):
Okay, when I set a picture, obviously the best quality
you can get.

Speaker 5 (21:44):
But the bottom line is.

Speaker 4 (21:45):
I just want to verify you did business with the guy,
and if we can show the amount on there, we'll
call him and get details. But do that for us
please three oh three seven one three eight two five five.
This sounds horrendous. Fourteen thousand dollars and when you think
about it, she exchanged the stove and she paid for this,

(22:07):
so that included a stove, chimney inspection and cleaning, and
some tile. It sounds ridiculous to me, But why now?
Why is she questioning it now? The last work was
done in twenty twenty three. We'll find out that. Coming up.
Frank Duran, the real Estateman dot com, will do an

(22:28):
analysis of your home right now to see what it
will sell for without listening it. You don't have to
commit to listing, and you never have to commit to listening,
but he'll let you know what you cannot only sell
it for, but what you will net and what you
can buy.

Speaker 5 (22:40):
It's all free of charge, complimentary.

Speaker 4 (22:42):
That's three oh three nine two zero sixteen twenty two
Frank durand the real estate Man dot com Go with
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an insurance check up free, no obligation. In comparison, call

(23:04):
Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three oh three seven seven
one help. You'll think you're his only customer when you
choose Frank durand the real estate man dot com to
list your home with Remax Alliance three oh three nine
two zero sixteen twenty two. Hi Tom Martino, you're troubleshooter

(23:26):
three oh three seven one three talk three oh three
seven one three eight two five five.

Speaker 5 (23:32):
So I have a pretty obvious question for Heather.

Speaker 4 (23:36):
Heather, why did you start questioning and calling us now?
Or have you been thinking about this the whole time.

Speaker 11 (23:45):
I've been thinking about this the whole time. And uh,
he just never showed up what he was supposed to,
and he had all kinds of excuses, is including so
he never finished.

Speaker 4 (24:03):
He never finished the tile, and you had to hire
someone else.

Speaker 11 (24:09):
Well it's not only that. Yeah, I had to hire
someone else, and he is an inspector, and he found
that he didn't put the protective insulator box between the
inside of the house and the roof, and he cut
one of the the structural beams and everything was all

(24:32):
the insulations.

Speaker 5 (24:33):
Okay, I get it. So in other words, not only
did he not.

Speaker 4 (24:38):
Finish, but he did a lot of wrong things.

Speaker 13 (24:42):
Yes, and he.

Speaker 11 (24:43):
Could have killed me and and anybody else that was
in my house.

Speaker 4 (24:49):
Now, how much did you pay the second contractor.

Speaker 11 (24:55):
I've only paid him five hundred.

Speaker 4 (25:02):
Oh my goodness, So this guy must be golden. He's
a good guy.

Speaker 5 (25:05):
Huh. The second guy just wants to help you out.

Speaker 11 (25:09):
Wonderful man.

Speaker 4 (25:12):
Okay, Well, Deputy D I don't know if you heard this,
but not only did she spend fourteen grand with this guy,
but the second guy she hired for five hundred bucks,
who've inspected everything, said there are a ton of problems
on top of it. So Heather, get off the phone,
get us that contract, to get us some pictures. Lay
him on a table and take a picture with your phone.

(25:34):
Send him to us. Kachina walk her through that. Katie,
your turn, Katie, I'm Tom Martinez. What's going on with you? And,
by the way, any estate related questions. I do have
a couple of texts here you Dan McKenzie's with us
Mackenzie Law, and I like the way he does business.
Because it's a smaller firm, you get a lot of
personal attention. So Katie, tell us what's going on with

(25:56):
this tenant?

Speaker 5 (25:57):
Landlord?

Speaker 4 (25:57):
Are you the tenant or the landlord the tenant? What's
going on?

Speaker 12 (26:04):
I've been a tenant at this place for a hold
twelve days. They are an apartment complex and they are
infested with cockroaches and bedbugs, and they are lying to
tenants telling them there's no issue. And then huh, there's
an issue.

Speaker 4 (26:23):
And well, let me ask you this, katie. What's the
name of the place. What's the name of the place.
Let's expose it.

Speaker 12 (26:29):
It's called Hidden Lake Apartment. It's right off the sixty
eighth in loll.

Speaker 4 (26:35):
Hidden Lake Apartments, sixty eighth in loll Okay. Now when
you wait, what do you mean they're lying? Tell me
what you mean by that.

Speaker 12 (26:46):
So I bluntly ask them do you have a bug problem?
And they said no?

Speaker 5 (26:50):
Wait?

Speaker 4 (26:50):
Wait how many people ask that? You actually asked that?
Before you rented? You said, by the way, do you
have a bug problem?

Speaker 8 (26:57):
Yeah?

Speaker 4 (26:59):
Really, I mean I never asked that in my life,
but you actually asked. You asked specifically if they had
a bug problem. May I ask why you asked that question?

Speaker 5 (27:08):
That's a weird question to ask.

Speaker 12 (27:10):
Because when you because I've had I've had past trauma,
I've moved into ah and there's a bug problem. And
I lived in a place for the last twelve years
and I'm out here trying to find an apartment, and
you go through these complexes that have five hundred units.
So it's a question that you ask when you've had
that experience.

Speaker 11 (27:30):
Both got it.

Speaker 5 (27:31):
I get it. I get it. And so they said,
we have no problem?

Speaker 8 (27:37):
Right?

Speaker 4 (27:39):
And how long did it take you? You're there twelve days?

Speaker 5 (27:42):
Tell me how bad is it?

Speaker 12 (27:45):
I haven't I haven't even moved in yet. And in
my unit, it's not bad.

Speaker 5 (27:51):
In my unit.

Speaker 12 (27:52):
I haven't seen any live bugs. I see only dead ones.
I was there yesterday. I'm trying to break the lease.
I can't furnish an apartment.

Speaker 5 (28:03):
Well hold on.

Speaker 4 (28:03):
Though, but why but but you even said, you even
said you haven't moved in yet, and you're assuming you're
gonna have a problem, Dmitri, What did you want to say, Katie?

Speaker 2 (28:13):
What kind of bugs did your witness? Are we talking
about cockroaches or flies or bees? Or one?

Speaker 12 (28:19):
Cockroaches and they're dead?

Speaker 5 (28:22):
Correct?

Speaker 11 (28:22):
Now?

Speaker 4 (28:23):
How do you know that maybe they did that? Because
maybe they've they fixed the problem?

Speaker 8 (28:29):
Now?

Speaker 9 (28:29):
No?

Speaker 5 (28:30):
Yes, what do you think you never fix a cockroach? Probably?

Speaker 8 (28:32):
Wait? Wait?

Speaker 2 (28:33):
Wait, do you meaning he could never fix York? And
there are more cockroaches there than stars?

Speaker 5 (28:38):
In the sky. No, but hold on, what do you
mean you can't fix it?

Speaker 4 (28:41):
Though a building can have an exterminator come in and
fix the cockroach temporarily.

Speaker 5 (28:45):
What do you mean temporary?

Speaker 2 (28:46):
They live in the walls, they live in the floors,
the ceilings, the pipe.

Speaker 4 (28:51):
So listen, Katie, you saw several dead cockroaches.

Speaker 5 (28:55):
This is recent. She's only been there twelve days been there,
she has not even moved in.

Speaker 4 (29:00):
So you see dead bodies, and you went to them
and said, wait a minute, I'm seeing a lot of
dead cockroaches. And when you say dead cockroaches, can you
be specific? How many did you see?

Speaker 5 (29:10):
Really?

Speaker 4 (29:11):
No, seriously, how many dead bodies did you see?

Speaker 12 (29:14):
I've seen too. I've seen too. And when I go
to them and I'm like, hey, I'm seeing these bugs.
Well two turns into two hundred in a hurry, and
they're like, oh yeah, but I'll you don't come every week. Wait,
they can come to your apartment.

Speaker 5 (29:30):
Oh Katie, but listen, are you jumping the gun here? Listen?

Speaker 4 (29:34):
I'm on your side, but it could you just be
a little sensitized here, and you saw two of them
and you're assuming there's a big problem.

Speaker 5 (29:42):
Wait, dimitrio.

Speaker 4 (29:43):
Are you telling me if you saw two you would
think there's a major problem.

Speaker 2 (29:46):
If you see two, that means there's two thousand more. Oh,
come on, come on, really.

Speaker 5 (29:51):
Guarantee you that?

Speaker 8 (29:52):
Man?

Speaker 5 (29:52):
I didn't you live in New York too?

Speaker 4 (29:54):
Well, yeah, but we never I didn't live in the
city city, Yeah I did. Okay, So Katie, I don't
know where what infested place he lives in, but two
of them denotes two thousands?

Speaker 5 (30:05):
Ka, I think you're just will they let you out
of the out of the least she's talking about, Katie.
I want to ask a couple of questions yesterday, But
did you do any due diligence?

Speaker 4 (30:16):
Did you knock on doors and ask neighbors if they're
having a cockroach problem?

Speaker 14 (30:21):
No?

Speaker 12 (30:21):
I didn't. But now that I know that there's this issue,
the neighbors are saying that there's a problem not only
with cockroaches.

Speaker 13 (30:28):
But with bud bugs.

Speaker 12 (30:29):
I was in the office yesterday and this woman is
in the office crying, telling the telling the office lady,
you know I can't work because I have bedbugs. I
neither know, saying that my apartment's been treated and I
can't even work, and they don't care. She's just like, Oh,
I'm sorry, I don't know what to tell you.

Speaker 4 (30:47):
Okay, Katie, When you asked about getting out of the lease,
what did they say?

Speaker 12 (30:54):
They said that because in that unit they are not
seeing any live bugs, it's not considered an infestation, and
I will have to pay whatever penalty is to get
out of my lease.

Speaker 5 (31:06):
Okay.

Speaker 4 (31:06):
Hold on, and we'll address this coming up, and maybe
we'll have somebody make a phone call, okay, and then
we'll look at your rights here three o three seven
to one three eight two five five, Sally, we got
your call too. Hold on, Katie, more coming up. Go
with a sure thing Denver's best roofer Excel Roofing dot com.

Speaker 5 (31:28):
You don't pay a cent until you're content.

Speaker 4 (31:33):
Time for an insurance check up, free, no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
to seven to one.

Speaker 9 (31:43):
Help.

Speaker 4 (31:44):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two.

Speaker 5 (31:57):
Revietionized.

Speaker 4 (31:58):
This set all Tom Martine here three three seven one
three talks seven one three, eight two five five. We'll
go back to that tenant landlord issue, trust me, we will.
But Sally has a question for a state planning. We
have Dan mackenzie with us. Mackenzie lost Sally, and don't
go away, Katie. We're not done with you. Oh wait, wait,
we do have Brad O'Brien. I didn't realize that, so

(32:18):
let me go to Brad O'Brien. Brad, thank you very much.
Olslaw dot com Real Estate Law Brad. At what point
she's moving into a place, she sees two dead cockroaches.
She figures there must be an infestation, and she talks
to neighbors who say, yeah, there's a problem with cockroaches,
bed bugs too, and bed bugs just on the say

(32:41):
so of the neighbors and her fear.

Speaker 5 (32:45):
Can she get out of this lease?

Speaker 4 (32:48):
She's just been renting for twelve days now, she's in
the process of moving in. Is it difficult to get
out on a habitability issue under these circumstances.

Speaker 5 (32:59):
Brad Well.

Speaker 15 (33:00):
The Colorado Warranty habit Abilly Statute allows the tenant to
get out of the lease.

Speaker 13 (33:04):
But there's several steps that have to be followed. First,
they have to give.

Speaker 15 (33:08):
The landlord notice of the condition that makes it uninhabitable,
and then the landlord has a certain amount of time
to respond to attempt to.

Speaker 13 (33:15):
Remediate, And then and only then can they go to
court to.

Speaker 5 (33:19):
Sue for a termination of the release.

Speaker 4 (33:24):
Well, if she just tries to get out of it
now before even moving in, they're going to make the
argument they didn't have a chance, right right.

Speaker 15 (33:32):
If you start already signed the lease, that's the contract
which is finding doesn't matter if she hasn't moved in yet.

Speaker 4 (33:38):
Katie, are you hearing this, Katie?

Speaker 5 (33:45):
Katie? Is she still there? To China? Just tell me?

Speaker 4 (33:49):
Okay, So Katie, it sounds like it's going to be
an uphill battle if you try to get out now.

Speaker 5 (33:57):
But if you moved in, I know it's sees how
much is the penalty?

Speaker 12 (34:05):
So I spoke to them yesterday and they are willing
to work with me. He said that he would call
like the property manager and see what they are willing
to do. Worst case, it's a sixty day notice, regardless
of if I want to give them a sixty day
notice or not. So it's two months worth of rent,
and then the termination fee is a month worth of rent,

(34:25):
so like four.

Speaker 4 (34:26):
Grand, So you're talking about three months altogether.

Speaker 2 (34:32):
Yeah, I'm going to email them. If I can give
Katie's last name, I'll email them and ask them on
behalf of our show if they're just willing to cancel
the deal.

Speaker 4 (34:41):
Yeah, hold on, okay, and Brad O'Brien, thank you very much.
Olslaw dot Com. Brad O'Brien seventy zero three seven zero
seventy three eighty eight. Now, Sally, hang on with your
estate question. We have Dan McKenzie with US mackenzie Law
coming up. We'll answer all of your questions. Don't forget
three oh three Martino, go with a sure thing Denvers
Best Roofer Excel Roofing dot com.

Speaker 5 (35:04):
You don't pay a cent until you're content.

Speaker 4 (35:07):
Leave time for an insurance check up free, no obligation
comparison call Compass Insurance. Pay too much your coverage at
dozens of insurance companies find out now three oh three
seven seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate Man
dot com to list your home with Remax Alliance three
oh three nine two zero, sixteen twenty two.

Speaker 1 (35:30):
Yeah, RiPP.

Speaker 6 (35:37):
You needed that's who you don't have?

Speaker 1 (35:43):
Run anxious as can. Shooter's gonna help come.

Speaker 3 (35:49):
Dix is the Troubleshooter Show. No Tom Martinez.

Speaker 5 (35:56):
Hello, Welcome to the show.

Speaker 4 (35:57):
I'm Tom Martino here to help you solve your problems,
answer your questions, take your complaints as I've been doing
for forty five years in Denver, more than fifty years
if you counted all. And we are proud to be
the longest running radio show with the same host still
on the air.

Speaker 5 (36:13):
Woo, so welcome.

Speaker 4 (36:15):
Hey. I hope you're enjoying this spring in the Mile
High And for those listening around the country, you too, right,
sorry you can't be here it right because I think
Denver has probably the best weather all around in the world.
I mean, all things considered. If you had to pick
one place, well, maybe Hawaii would be a good one too. Anyway,
Dan McKenzie's with me mackenzie Law and that's coplans dot Co.

(36:39):
And Sally has a question about in a state.

Speaker 5 (36:42):
Welcome.

Speaker 4 (36:43):
Sally and I have some textas as well about a
state planning and a state Questions what is your question, Sally?

Speaker 11 (36:51):
My question is what do you do within a state
attorney who is not returning any calls, emails, tepts to
the executive?

Speaker 4 (37:03):
Okay, let's back up. Okay, let's back up, Sally. Who's
the state are we talking about?

Speaker 11 (37:11):
It's my brother.

Speaker 5 (37:14):
And when did he pass away?

Speaker 11 (37:16):
January of twenty twenty four.

Speaker 4 (37:20):
Okay, So your brother passed away in January of twenty
twenty four.

Speaker 5 (37:25):
And what happened then?

Speaker 4 (37:29):
To give me the steps on this attorney and how
he got involved.

Speaker 11 (37:35):
Well, this attorney when my brother became ill about six
months prior to his death, he hired in a state
attorney and set up the estate for when he passed,
and he named a lady friend of his.

Speaker 5 (37:58):
So he knew he was dying. Did he have a
terminal illness? I mean, did he know he was dying?

Speaker 8 (38:05):
Yeah?

Speaker 11 (38:05):
Yes, yes, he had a couple of very serious things
that have been going on for years and it come
to that he was eighty three.

Speaker 4 (38:16):
Okay, yeah, okay, So just before he died he contacted
this attorney, right, and who is the attorney?

Speaker 11 (38:29):
The attorney this is in San Francisco in the Bay Area.

Speaker 4 (38:33):
Yeah, oh okay, Then I don't care. Okay, So he
contacted this attorney. Now, your brother was living in San Francisco, correct, Okay?
And what did this attorney do for him or what
is he not doing?

Speaker 5 (38:50):
Now? Is the estate settled or not?

Speaker 4 (38:55):
The estate is.

Speaker 11 (38:57):
Basically finished. It was all in really good order. It
was not the least that complicated. And the executor is
a lady friend of my brothers, who also lives in
San Francisco, and she's just done a wonderful job and

(39:20):
she cannot get a hold of this attorney. The attorney
is a female actually, But why do.

Speaker 5 (39:26):
You have to get a hold of it?

Speaker 4 (39:27):
Why do you have to get a hold of the
attorney if it's all settled, what is the purpose?

Speaker 11 (39:33):
Well, things need to be settled out that the executor,
you know, she needs to meet with her. She has documentation.

Speaker 4 (39:43):
So Dan mackenzie, Dan mackenzie is with us an a
state attorney. So Dan, what has to be done to
finalize everything? She's saying that you said it was settled,
like were his assets distributed?

Speaker 11 (39:57):
No, nothing's been distributed.

Speaker 4 (40:00):
Oh I thought you said it had been settled. So
you mean he died in January of twenty twenty four,
and nothing has been done.

Speaker 11 (40:08):
Well, things happened done all the tax returns, the two
you know, different ones. The final one was like in January,
and the executor she keeps contacting her in all kinds
of ways you could possibly context.

Speaker 4 (40:25):
Okay, but what tell me how big your brother's estate.

Speaker 9 (40:29):
Was or is a callin a million?

Speaker 5 (40:35):
Okay?

Speaker 4 (40:38):
So nothing has been distributed, but things have been done
in the background, tax returns and stuff like that. But
you want to know when is it going to be
closed out? And you can't get an answer correct? Okay, Dan,
what are you do in a case like that when

(40:59):
you have an responsive a state attorney? This sounds has
probate actually been opened as a case?

Speaker 11 (41:07):
Yeah, yes, it has all everything, to my knowledge and
to the executor's knowledge, has been.

Speaker 4 (41:17):
But has there been a probate case, an actual court
case opened in your brother's estate's name.

Speaker 11 (41:26):
That was not necessarily during COVID somebody, a vagrant broke
into his home while he was out of town and
set the house on fire. And this guy was happened
to be a fire starter. He's been locked up a
number of times.

Speaker 4 (41:45):
What is that?

Speaker 8 (41:45):
Wait?

Speaker 5 (41:46):
Wait, but what does that have to do with my.

Speaker 11 (41:48):
Pater didn't own the house anymore. It's mostly just so
probate wouldn't have been necessary.

Speaker 4 (41:56):
So the house was burned down. Did he get insurance proceeds?

Speaker 11 (42:02):
He did, Yeah, and it was in San Francisco proper.
So yeah, you know, I get it.

Speaker 5 (42:10):
I get it.

Speaker 4 (42:11):
So what is there what is there in his estate
to be distributed?

Speaker 5 (42:15):
Mainly cash?

Speaker 11 (42:17):
Mainly cash?

Speaker 4 (42:20):
Yes, and about a quarter of a million you said
no a million? Okay, So nothing has been done. Dan, Again,
we're back to the same question. What do you do
with an unresponsive there's not a probate court case, there's
just an estate. What do you do when an attorney
doesn't answer you?

Speaker 7 (42:39):
And I guess I just said, are is She declined?
Are you the you're the fiduciar?

Speaker 4 (42:43):
She she is the an heir and he appointed a
personal representative.

Speaker 6 (42:48):
Okay, yeah.

Speaker 7 (42:50):
I mean it's always tricky because that's not really your attorney.
So you could hire your own attorney, like you can't.

Speaker 5 (42:56):
Really, she doesn't have standing as an heir.

Speaker 6 (43:00):
To talk to the attorney.

Speaker 7 (43:01):
Not necessarily that attorney is really the attorney for the estate, but.

Speaker 4 (43:03):
The representative she knows the personal representative and the personal
representative she knows very well, and that personal representative can't
get a response.

Speaker 7 (43:12):
See, yeah, it's kind of their obligation. So she should
can talk to the personal representative and ask for that.

Speaker 6 (43:18):
And if she's not getting you know, recent can.

Speaker 4 (43:20):
The personal representative go to the bar association?

Speaker 5 (43:23):
Sure?

Speaker 7 (43:23):
But I mean I guess first, if the personal representative
feels like they're not getting responses, you can always you
can always fire your attorney.

Speaker 6 (43:32):
That is always something you can do.

Speaker 7 (43:33):
So if that, I mean, it really is on the
personal representative to get this done.

Speaker 5 (43:39):
Well.

Speaker 11 (43:39):
And I know that, and she knows that, and the
other heirs who are my three sons and I have
She's asked us for help, she's kept us and formed
this whole time over a year.

Speaker 5 (43:53):
Yeah, I get it.

Speaker 11 (43:55):
But I googled how long does it take for the
California Barter is fun? They said six months or more. Well,
that's putting it out too far. And we are aware.

Speaker 16 (44:07):
Here's my question.

Speaker 13 (44:08):
We are aware we could.

Speaker 11 (44:09):
Fire this person and get a new attorney, which is
what we're looking into. But my question is this other attorney,
Mike is holding some documents. How do we even get
that away from her? Because she won't even respond to

(44:32):
text to emails to nothing.

Speaker 5 (44:36):
You know what, I'll bet you.

Speaker 4 (44:37):
I'll bet you I could come up with wording that
the personal representative could send that would get a reaction.
If you know that that attorney is getting texts. The
personal representative can say you had a fiduciary responsibility to
me and to the estate, and you have been lax
in your response to me. I am going to the

(44:59):
Bars Asociation and the Oversight Committee, and I'm complaining about you.
If I do not hear from you in two days,
that's what I would do. Now, Dan, Is that silly
for me to say that? Or would an attorney respond
to that?

Speaker 11 (45:12):
I don't want to interrupt, but that's exactly what happened.
Several weeks ago, was the middle of March, and my
one of my sons.

Speaker 13 (45:24):
Was a businessman.

Speaker 11 (45:27):
I'm very good at writing. He wrote a letter for
the representative to make sign and.

Speaker 5 (45:36):
It was not and it was in strong wording like that,
and it.

Speaker 11 (45:40):
Was exactly that we gave. She gave her till death
eighteenth of March to respond, which was.

Speaker 5 (45:47):
And the attorney. Are we sure the attorney's alive?

Speaker 10 (45:54):
You know what?

Speaker 4 (45:54):
You know what hold on a second. You know what,
We're going to call the attorney. We're going to call
the attorney and say, look, I know you can't talk
about this case, but you better get in touch with
your clients because they're making noise and we're going.

Speaker 5 (46:07):
To help them lodge an official.

Speaker 4 (46:08):
Complaint against you if you do not contact them. I'll
bet you that gets a response from a radio show.
You want to make a bet we can get a response.

Speaker 11 (46:23):
I don't know.

Speaker 5 (46:27):
Well, here's what I want you to do, Sally. Here,
I'm going to tell you what to do.

Speaker 4 (46:31):
I want you to hang up and call the personal
representative and say, look, these people from the Tom Martineau
radio show, a consumer advocacy show. They're willing to contact
the attorney and light a fire. Okay, we can't get
information and she can't breach any confidentiality, but she sure

(46:52):
as hell will know we're telling the truth when we
give the name of the estate and the name of
the representative and say, look, you don't have to talk
to us at all, but you better get in touch
with your client or we're gonna make a case out
of this. So you tell so do me a favor, Sally,
contact us back and then let us know if you
wanted us to take it to the next level. Okay,

(47:15):
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Speaker 5 (47:51):
You don't pay a cent until you're content.

Speaker 4 (47:57):
Time for an insurance check up free, No obligation can
be Garrison call Compass Insurance paying too much your coverage
at dozens of insurance companies find out Now three oh
three seven seven to one help. You'll think you're his
only customer when you choose Frank durand the real estate
Man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two.

Speaker 5 (48:21):
Hey, I'm Tom Martino.

Speaker 4 (48:23):
You're a troubleshooter three O three seven one three talk
seven one three eight two five five. Jason has an issue.

Speaker 5 (48:32):
With a trailer park. Jason, what's going on?

Speaker 4 (48:36):
Hey?

Speaker 17 (48:36):
Tom?

Speaker 18 (48:36):
How are you?

Speaker 5 (48:38):
Good man?

Speaker 17 (48:39):
I was helping a buddy six a leak up in
Glenwood Springs at a trailer park.

Speaker 4 (48:47):
And now is this buddy? Is this buddy?

Speaker 5 (48:50):
Hold on?

Speaker 4 (48:51):
Is this buddy renting a trailer there? Or does he
own his own trailer there?

Speaker 17 (48:57):
They they own the park, him and his family, oh
owned the trailer park.

Speaker 18 (49:05):
And the old.

Speaker 17 (49:07):
Abandoned trailer park. And they think the waterline froze underneath.

Speaker 5 (49:13):
It and broke.

Speaker 17 (49:15):
And so I went up there with him to help.

Speaker 13 (49:18):
Him fix it.

Speaker 18 (49:20):
And then he lived in Florida, So she took.

Speaker 17 (49:23):
Off and didn't help, went back to Florida, and I
drove back up to Glenwood Springs and dug it up
and capped the line and fixed a water hydrant and
did some other work around the trailer parks. I was
up there for two weeks, and I asked them for

(49:46):
my money when I left.

Speaker 4 (49:48):
Wait a minute, you said, this is a friend, right,
a buddy, This is a buddy, yeah.

Speaker 18 (49:53):
From high school?

Speaker 5 (49:55):
And so you.

Speaker 4 (49:56):
Helped him, and how much did he agree to pay you?
Was this like a buddy thing or did he agree.

Speaker 5 (50:03):
To pay you?

Speaker 17 (50:05):
He did in a text, he agreed to pay me
fifty dollars an hour. And like I said, I was
up there for two weeks. And then like towards the
end of the job, it got weird because I hired
a couple of guys that actually lived at the trailer
park to help me dig, because.

Speaker 5 (50:26):
Yeah, but did you have did you have permission to
do that?

Speaker 13 (50:30):
Yes?

Speaker 17 (50:31):
And they paid, They paid the guys, but they still
haven't paid me. And his cousins, who is the manager
of the trailer park, keeps telling you the checks and
the mail, and I wait.

Speaker 4 (50:42):
How much are you owed? How much Jason? How much
are you owed altogether?

Speaker 17 (50:47):
So what I was owed and what I told him
to pay me are two different amounts. I just wanted
to get paid. I told him to just pay.

Speaker 5 (50:54):
Me for fifty hours. How much fifty hours times fifty.

Speaker 17 (51:00):
Times fifty So yeah, twenty five hundred bought it. But
I was up there for two weeks, hotels, food.

Speaker 19 (51:08):
Stuff like that.

Speaker 17 (51:09):
I was living in my truck and I was paying
for it.

Speaker 5 (51:12):
Have you ever talked personally to your buddy. I have.

Speaker 17 (51:20):
And so so, like when it came time to get paid,
he's like, so, how much do you want to get paid?
And I was like, well, I told you we can
figure this out at the end of the thing. But
you told me fifty dollars and I told you I
was fine with you. Yeah, it was an hour.

Speaker 5 (51:37):
Yeah.

Speaker 17 (51:37):
Then when they're like, well, how many hours did you work?
Did you work more hours than your guys or less
hours because the guys worked forty seven And I said, well,
I was there almost a week before.

Speaker 9 (51:48):
I did a lot more work I had.

Speaker 5 (51:51):
Yeah, but it doesn't matter.

Speaker 4 (51:52):
You're only charging twenty You're only charging twenty five hundred.
When you told him that, did he agree to it?

Speaker 17 (51:58):
Yes?

Speaker 13 (52:00):
Oh well, and you know.

Speaker 17 (52:01):
This is like and like I said, I got text
and they got pictures of Jason.

Speaker 4 (52:07):
Yes, when was the last time you were on that job?
I'm asking for a very specific purpose. When was the
last time you were at that job?

Speaker 11 (52:20):
Right?

Speaker 5 (52:20):
Good?

Speaker 17 (52:21):
Two three weeks ago? And that's why I'm calling, because
I don't know if you need them or.

Speaker 4 (52:25):
If you absolutely positively, you absolutely positively need to put
a lien.

Speaker 17 (52:32):
On that okay.

Speaker 4 (52:34):
So and if you if you don't know how to
do it, you hire an attorney to do it. You
need to put a lien on it. First, you have
to warn them you're putting a lien. Then you do
a lien, you file an attent to lean, or you
notify them of an intent to lean, and then you
lean it. And there's a very specific time period. I
suggest you hire an attorney to do it. It's worth

(52:56):
it for and I wouldn't go for just the twenty
five hundred. I would go for the full amount unless
you have that in writing somewhere on the twenty five hundred.
I would tell him, hey, you know I'm leaning you
and this is how much I want. Now you can
always settle after that, but you must do a lean.

Speaker 5 (53:16):
And what county is this?

Speaker 3 (53:18):
Uh?

Speaker 5 (53:19):
What is it?

Speaker 17 (53:20):
MESA?

Speaker 18 (53:21):
But I okay, well, I think, okay.

Speaker 4 (53:25):
Well when would any attorney in the state can file
a lien on that. But you need to find someone
to do that immediately. Do not wait, because you only
have a certain amount of time from the end of
the job to do your intent and then to do
your lean.

Speaker 17 (53:45):
Okay, Can I asked you one more favor or one
more sure you think?

Speaker 5 (53:50):
Go ahead? No, go ahead? What is your question?

Speaker 17 (53:55):
Do you think you guys should call and try and
light a fire.

Speaker 5 (53:58):
Under the Oh? Yeah, yeah we could do that.

Speaker 4 (54:01):
Who do we hey, Kachina, who do we have on
duty today? I don't want to overload the deputy d here?

Speaker 20 (54:06):
Oop Dollar and Deputy Chopper?

Speaker 4 (54:10):
Oh okay, sorry, so Chopper you're in the studio, Yes, sir?

Speaker 5 (54:15):
Who else is in the studio?

Speaker 20 (54:17):
Deputy Dollar?

Speaker 21 (54:19):
I'm here?

Speaker 4 (54:19):
Tom okay, cool, okay, cool, let's do that. Let's let's
let's call and see if we can light a fire,
so to speak. Thank you Jason for calling three oh
three seven one three A two five five.

Speaker 5 (54:34):
Dan McKenzie's with us.

Speaker 4 (54:35):
I have a quick question for Dan or actually Dimitri,
you have one? What is it? Yeah?

Speaker 2 (54:43):
So you know, over my lifetime, I've learned a lot
about how to do stuff right by also learning how
not to do it?

Speaker 5 (54:50):
So what is wrong with this possible scenario?

Speaker 2 (54:53):
Instead of hiring someone like you to write up my will,
why wouldn't I just simply write up everything I I
want to have happened, including whom I want to have
what not half the letter notarized and give it to
my beneficiaries, possibly with a small stack of signed blank
checks to all of my accounts. Now, I'm not suggesting

(55:14):
this is the proper way to do it. I realized
this is the improper way to do it. But I'm
wondering why it's improper, because I think that will help
me understand the reason to do it properly.

Speaker 7 (55:25):
I mean, are your beneficiaries authorized to sign? You said
the checks are signed? Yeah, I mean obviously signed by you. Yeah,
pre signed blank checks.

Speaker 2 (55:35):
And I'll say, look, when I die in this letter,
I want you to have all of these accounts hold
the blank checks just right.

Speaker 5 (55:40):
When are you going to give me that check? Anyway?

Speaker 7 (55:44):
So the probate process is an orderly process for making
sure everybody has the information and knows what's going on,
and somebody's in charge and has a responsibility.

Speaker 4 (55:53):
I mean, this is I would say that's a weird
way of doing it, but there would be nothing wrong
with him doing that, right, I'm and it's kind of weird.

Speaker 7 (56:01):
Yeah, you're there's no way that will is gonna be
any good. It's gonna have ambiguities in it. It's gonna
miss stuff that you don't.

Speaker 5 (56:07):
But what about the blank checks.

Speaker 4 (56:09):
If I had a check from Dmitri signed and he dies,
and I know he has fifty grandies that I could have,
what would prevent me of writing a check on that can?

Speaker 6 (56:18):
When you just write a bigger.

Speaker 4 (56:19):
Check, we well, because I don't want it to bounce.

Speaker 6 (56:22):
You're I mean, you're creating a fertile I don't want.

Speaker 5 (56:24):
It to bounce.

Speaker 4 (56:25):
Okay, So would anyone protest if I if a day
after he dies a check shows up at the bank,
would they honor it?

Speaker 5 (56:34):
Well, they would honor it, right because they have no
idea that I die.

Speaker 6 (56:37):
Yeah, Okay, So now you're committing fraud?

Speaker 5 (56:39):
What that's fraudulent to.

Speaker 6 (56:41):
Cash a check for somebody who's dead and not tell
him they're dead?

Speaker 5 (56:44):
Really sure, you're you're taking.

Speaker 7 (56:46):
Money out of a dead person's again, I mean immediately
that bank is going to lock that account of.

Speaker 4 (56:50):
Okay, Okay, all right, it's not proper, okay, and in
a nutshell, But.

Speaker 2 (56:55):
What about I understand is improper. But I'm just wonder
why it's improper. Improper?

Speaker 4 (57:02):
So, well, it's not like it's not a not an
ideal way to distribute his assets. He wants to know
you're looking for a quick and easy way.

Speaker 2 (57:11):
To distribute assets with two beneficiaries, my my nephew and
my niece.

Speaker 6 (57:16):
Why not just put designated beneficiaries on the account. I
already did that, Okay.

Speaker 5 (57:21):
Okay, death on on what do they call it? Death?
Called a beneficiary and all the answer that the automatic automa.
That then you've done it already.

Speaker 4 (57:31):
If you put them as as do on death for
them payable on death certificate and for your two very
nephew and niece, that's done.

Speaker 5 (57:40):
You You did it.

Speaker 6 (57:41):
Your will is not going to control that at all.

Speaker 4 (57:43):
Right, another thing you can do, and there's a you know,
there's all kinds of tricky things you can do.

Speaker 5 (57:49):
It's better to do it the right way. But payable
on death.

Speaker 4 (57:52):
Uh, certificates on accounts are really easy.

Speaker 5 (57:56):
And by the way, I do intend to do it correctly.
But that is asistence you already he did. Payable on death,
that's correct.

Speaker 2 (58:01):
That is the rest of my stuff, For example, the
sale of my business, and I already know a company
that wants to buy it for a fair price, and
I want them to pay my beneficiary for that company.

Speaker 5 (58:11):
And the only other asset I have is my home,
and I know what that is?

Speaker 6 (58:16):
I mean, how do they know who your beneficiary?

Speaker 5 (58:18):
You have to have a will. Now you could have.

Speaker 4 (58:22):
This is getting a little complicated, but you could have
an LLC. It's a poor man's trust that owns that stuff.
And you could make your niece and nephew members of
the LLC and you can have your membership interest go
to them upon your death, so it literally doesn't hit
your estate. They have an LLC and it's simply I

(58:45):
call it a poor man's trust.

Speaker 5 (58:46):
But dan is that considered weird?

Speaker 7 (58:49):
I mean, I don't know if it's a poor man's trust.
The benefit of a trust is it puts one person
in charge. Right In an LLC, you know, you just
got to set it up correctly and clear. Here's how
we deal with conflicts. Yeah, because a trust is going
to make happen.

Speaker 4 (59:04):
An LLC operating agreement can do everything you want, really
an LLC and survive your death because on your death,
your ownership goes to the survivors. I've done LLC operating
agreements like that, where you know, with with my wife
or with someone who when I die, they get it
all and then there is no there is no probate,

(59:25):
there is no, a state. It just is an LLC,
and that LLC is an entity unto itself like a
trust is. But what Dan said is correct. In a
trust you can be very specific about distributions and who's
in charge and who makes decisions, and then so in
an LLC, and I don't know why I call it

(59:47):
a poor man's trust, I just figure it's cheaper to
do than a trust.

Speaker 7 (59:51):
Dan, Yes, No, I mean I've used LLCs for situations
one of your callers, actually, if you remember the guy
who had the farm and all the dead right, yeah,
on it to do that?

Speaker 8 (01:00:01):
All right?

Speaker 4 (01:00:02):
So we got more coming up on the Troubleshooter Show'm
running a little late, so we'll be back right after this.
Go with a sure thing Denver's Best rufer excel roofing
dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison,

(01:00:24):
call Compass insurance paying too much your coverage at dozens
of insurance companies find out now three all three seven
seven to one help. You'll think you're his only customer
when you choose Frank durand the Real estate Man dot
com to list your home with Remax Alliance three All
three nine two zero sixteen twenty two. Tom Martino here
three All three seven one three Talk Darryl and my

(01:00:46):
other brother Daryl.

Speaker 5 (01:00:47):
Remember that. I'll never forget that anyway. Darryl. What's going on?
Man with DMV.

Speaker 9 (01:00:53):
Yeah, it's Darryl, Daryl and my brother Larry.

Speaker 22 (01:00:58):
That.

Speaker 5 (01:00:58):
Oh okay, that's right.

Speaker 4 (01:01:00):
This is Larry, This is I'm Darryl and this is
my other brother Darryl.

Speaker 5 (01:01:04):
Right, So what's going on, Darryl?

Speaker 19 (01:01:08):
So the other day I went to renew my license
in Fort Morgan at the department or Motor Vehicle and
they had an armed guard standing at the door, wouldn't
let me in because you have to make one an
appointment online. And I said, I'm here and.

Speaker 5 (01:01:30):
There's nobody in this room.

Speaker 19 (01:01:33):
Nobody and you got three people working over there, didn't matter.

Speaker 5 (01:01:38):
You got to make an appointment online.

Speaker 4 (01:01:40):
Well, hold on, couldn't you make it? Couldn't you have
taken out your phone and made an appointment?

Speaker 5 (01:01:46):
Yeah?

Speaker 19 (01:01:46):
If I wanted to wait another forty five days, what.

Speaker 5 (01:01:52):
Wait a minute?

Speaker 4 (01:01:53):
So they didn't have any appointments open online. But you
were there and no one was there, and they wouldn't
let you in.

Speaker 19 (01:02:02):
There's an armed guard at the door, wouldn't let me in.

Speaker 9 (01:02:06):
And there wasn't a soul in the room. Nobody.

Speaker 19 (01:02:11):
So I went out and stand it on my phone.
Forty five days later, I can get an appointment. But
my question is, COVID is over, it's done.

Speaker 9 (01:02:20):
It's a thing of the past, right.

Speaker 19 (01:02:22):
Why do you have to have poyment online?

Speaker 5 (01:02:24):
Why?

Speaker 4 (01:02:25):
Why? But here's what I don't understand. How long was
that place empty when you were there?

Speaker 5 (01:02:35):
Well?

Speaker 19 (01:02:35):
I didn't wait around, tom, but I you know it
was I didn't wait to see if people were coming in.
I just made the statement, I said, there's nobody in here. Well,
we have appointments coming. Okay, they might be coming, but
I'm standing here right now, and you've got it.

Speaker 9 (01:02:52):
And you could have had it done in the glass
not working. You got three.

Speaker 4 (01:02:56):
People, right, that is so, and you could have probably
been in and out of there and what ten minutes?

Speaker 5 (01:03:03):
What you know? Really?

Speaker 19 (01:03:06):
Yeah? So why?

Speaker 8 (01:03:08):
Why?

Speaker 9 (01:03:09):
Who makes these rules?

Speaker 19 (01:03:11):
Is that a state thing?

Speaker 9 (01:03:13):
Is that a governor?

Speaker 19 (01:03:14):
Who does that?

Speaker 5 (01:03:18):
You know what? That's a good question. I don't know.
I actually don't know who. I mean.

Speaker 4 (01:03:22):
DMV would ultimately be the governor. But he's not going
to address it, you know. I mean the only time
he'll address it is that California does something and he'll
copy it. But I don't really know what to tell you.
I mean, who's the head of DMV? Did you did
you try complaining to a supervisor?

Speaker 19 (01:03:42):
Well, they wouldn't even let me in the door. And
I what, you know, what I was really shocked about
is an arm guard?

Speaker 5 (01:03:52):
Really?

Speaker 19 (01:03:53):
I mean, I get it.

Speaker 4 (01:03:56):
I don't I don't get I don't get what's going on.
I don't think they're all like that. Do they all
require appointments?

Speaker 19 (01:04:02):
Do you know every single on everyone I went on
the DMV website, you can't get an appointment for less
than twenty or thirty days out.

Speaker 4 (01:04:18):
Well, you know, but in a way, if you think
about it in a way, hold on, I understand, I
understand your frustration, But if you think about it, I
used to hate going to DMV and waiting in those lines.
And I don't know if there's anything wrong with an
appointment system, it just so happens that you didn't know
about it, so you showed up there. I mean, I listen,

(01:04:42):
I understand you're upset, and you want to get the
word out right. But I think in reality though, is
what would like is your license going to expire in
the meantime?

Speaker 23 (01:04:56):
Yes, so, I don't know, man, there's not one office
you can make an appointment with.

Speaker 5 (01:05:07):
What were you going to say?

Speaker 2 (01:05:07):
D So the appointment thing has been in effect for
at least five years.

Speaker 5 (01:05:12):
Now, well, no, five years? Yeah?

Speaker 6 (01:05:15):
Yeah.

Speaker 2 (01:05:15):
I renewed my license about three years ago and it
was appointment only, and for me it was, you know,
about a month out like our caller says. But what
I liked about it is when I walked in, they
were ready to take care of me.

Speaker 5 (01:05:29):
I like that in two minutes.

Speaker 19 (01:05:31):
I like this, wait a month?

Speaker 5 (01:05:35):
I mean, well, it's once again you've waited a.

Speaker 9 (01:05:38):
Month to get in there.

Speaker 5 (01:05:40):
All right, let me summarize it this way.

Speaker 4 (01:05:42):
But you really didn't wait. I mean you're you're not
like waiting in line.

Speaker 2 (01:05:45):
I mean yeah, once again, DMV is providing the punchline
to every joke we've ever heard about DMV.

Speaker 5 (01:05:51):
All right.

Speaker 4 (01:05:51):
And if you looked at that one cartoon they had
the DMV workers where snails or sloths?

Speaker 5 (01:05:57):
They were sloths, that's right, not snails.

Speaker 2 (01:05:59):
It's it's part of the government system and unless you're
going to run for office and change it, then we
just got to work within the system.

Speaker 5 (01:06:06):
Now, BO, Deputy Bow has a suggestion. BO, what were
you going to say? Is Deputy Bow there? Or Bo,
do you have a suggestion? Yes? Now I can go ahead.

Speaker 13 (01:06:21):
Yes, the caller needs to get go on the DMV
Department of Revenue website and get a hold of a
lady named Heidi Humphreys. She's the director of the DMV
for license plates and driver's licenses. I had a big issue.

Speaker 18 (01:06:37):
With the title. I wrote her a letter or are
you think you.

Speaker 13 (01:06:41):
Can call her? And she's can cut through the red
tape and get it, you.

Speaker 19 (01:06:45):
Know, help.

Speaker 4 (01:06:46):
But she's not going to make a special exception and
make an appointment for him.

Speaker 5 (01:06:49):
I mean, it's not going to help him with his issue.

Speaker 8 (01:06:53):
They won't.

Speaker 13 (01:06:53):
But for all of our listeners, the DMV needs to.

Speaker 18 (01:06:57):
Change because going there is like going to a third
world country.

Speaker 13 (01:07:00):
I get it. I was intimidated with the guy with.

Speaker 18 (01:07:03):
The pistol on his tip, you know, and you're right.

Speaker 13 (01:07:06):
You go in there, there's forty empty seats and you just.

Speaker 18 (01:07:09):
You know, you can't get in there for an appointment.

Speaker 13 (01:07:11):
Some people just don't know how to make.

Speaker 18 (01:07:13):
An appointment online.

Speaker 13 (01:07:14):
But just you know, she's the lady that can make
changes at the DMV.

Speaker 9 (01:07:19):
Not for this, but for you know.

Speaker 18 (01:07:24):
We're paying the time their salaries. You know, there needs
to be changes.

Speaker 13 (01:07:29):
And I feel for this. I had a similar problem.
And okay, it takes to go in there and get
a duplicate driver's license. It's ridiculous, you know.

Speaker 4 (01:07:40):
But but okay, we say it's ridiculous. But what I'm
saying is making an appointment. When you're waiting those three weeks,
you're not waiting, You're doing your life. It's I'd rather
have it that way than waiting three hours at the
DMV office. I mean I used to go there and
sometimes you would you take that ticket and you sit

(01:08:02):
down and you're waiting hours. I don't see the big
problem with making an appointment. I think the biggest problem
was Daryl did not know it, so he showed up there.
But had he known it that it was by appointment
only then he could have accomplished what he wanted. I mean, bo,
do you see a problem with appointments?

Speaker 5 (01:08:23):
I don't go with a sure thing.

Speaker 4 (01:08:29):
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a cent until you're content. Time for an insurance check
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(01:08:50):
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hey, I'm Tom Martino, your troubleshooter three
O three seven one three talk seven one three eight
two five five talking to Cliff, Cliff.

Speaker 5 (01:09:12):
What's going on with you? Cliff? What's happening?

Speaker 9 (01:09:16):
You may have seen some of these car washes around town.
Take five. I think they also have oil chain services.

Speaker 5 (01:09:24):
It's called take five.

Speaker 9 (01:09:26):
Take five. Yeah. I signed up for a monthly subscription
and my wife had signed up for a monthly subscription
to their car washes.

Speaker 5 (01:09:37):
And how do they work?

Speaker 9 (01:09:38):
Discovered? Well, so you pay, you pay a flat rate.
So it's either sixteen twenty two or I think maybe
twenty seven dollars tiered different service levels.

Speaker 4 (01:09:52):
All right, hold on, I want to hear about this, cliff,
hang on, I want to I want to hear about
how this works.

Speaker 5 (01:09:57):
We're running out of Tom.

Speaker 4 (01:09:58):
I'll take you right up after the first So hang on,
I'm Tom Martino. Take five car Wash. What's wrong with him?
We'll find out coming up. Go with a sure thing
Denver's Best roofer Excel Roofing dot com.

Speaker 5 (01:10:16):
You don't pay a cent until you're content.

Speaker 4 (01:10:22):
Time for an insurance check up free, no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three all three seven
seven to one.

Speaker 5 (01:10:32):
Help.

Speaker 4 (01:10:33):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two.

Speaker 1 (01:10:48):
Rip you need so you don't have runs? Can shoot us? Help?
Come man, this.

Speaker 5 (01:11:03):
Is the Troubleshooter Show.

Speaker 4 (01:11:05):
No Tom Martino, Hey Tom Martino here, welcome to the show.
Three three seven one three eight two five five.

Speaker 5 (01:11:14):
Let's get right to the phones. Now.

Speaker 4 (01:11:17):
I read about Take five Car Wash. Uh, they're buying
up a lot of independent car washes around town. They're
offering this monthly subscription unlimited car washes. Cliff said that
he did a monthly subscription and what about it, Cliff,
tell me about it?

Speaker 9 (01:11:35):
Okay, So I had one and my wife had one.

Speaker 17 (01:11:41):
For me.

Speaker 9 (01:11:41):
It works great, it's a business expense. I drive a lot,
so I watched my car a lot. It's very handy.

Speaker 18 (01:11:48):
My wife not so much, and decided that she was going.

Speaker 9 (01:11:51):
To cancel her subscription. So she canceled with him. They said,
no problem, Well, you know, we'll just stop charging you
the monthly on it. Everything's cool. The next month they
charged her again, so she went back and talked to
them and they said, oh, well that was just a
clerical mistake. Don't worry about it. We'll take care of it. Well,

(01:12:13):
she's pretty What do you.

Speaker 4 (01:12:14):
Mean take care of it? Did they say they would
give it credit? What do you mean take care of it?

Speaker 9 (01:12:17):
We'll credit you back. Yeah, we'll give you a credit,
and they did. But she called the credit card company
and said, I want to permanently stop them from taking
this money. They've done it once. I have a feeling
they're going to continue to do it, and they have.

(01:12:38):
In fact, they've tried twenty eight times to take the
money out, and that wasn't enough. They even tried under
other names. They tried, I believe, under auto wash and
some other stuff to get the amount of her previous

(01:12:59):
subscribe that and it's it's it's just annoying that the
only way we can really wait a.

Speaker 5 (01:13:07):
Minute, how many times? How many times have they tried?

Speaker 9 (01:13:12):
Twenty eight?

Speaker 5 (01:13:15):
Now, why are they doing that?

Speaker 9 (01:13:18):
I guess they're either morons or they're crooked.

Speaker 5 (01:13:24):
I don't don't insult my don't insult my YouTube morons, No, no, no.

Speaker 4 (01:13:28):
No, but they're they're creepy. Yeah, man, what what the hell.

Speaker 5 (01:13:35):
Is going on?

Speaker 4 (01:13:36):
Did you call, by the way, did you call them
and ask about it?

Speaker 9 (01:13:41):
Yeah, my wife did, and they said, oh, I'm sorry,
we can't help you with any of that. Their customer service,
we can't help you with any of that. You're going
to have to call your credit card company. Well, the
credit card company isn't issuing the but.

Speaker 4 (01:13:55):
How does What I don't understand is how do they
keep It's such an easy thing to stop charging, So
that means Cliff, if you ever want to stop, they're
going to just keep charging you.

Speaker 9 (01:14:06):
I have a feeling that that is going to be
the issue that I run into when I if I
decide to.

Speaker 4 (01:14:12):
Stop now, now, by the way, how much is the
monthly R card? How much is the monthly no no,
by the way, yeah.

Speaker 9 (01:14:23):
Sixteen dollars?

Speaker 4 (01:14:25):
And and how many times do you get there to
do a wash?

Speaker 9 (01:14:30):
I'll probably go there twice a week.

Speaker 5 (01:14:34):
That's pretty cool.

Speaker 9 (01:14:35):
So it's a very good deal. Even on the now
once up the twenty two dollars, in the twenty five
or whatever it is, they're still good deals for the
volume that I use it.

Speaker 5 (01:14:50):
Wow. Okay.

Speaker 4 (01:14:52):
In any case, Cliff, if you you know, if you
we might want to call there and just say why
do they keep doing it? I mean, it's just kind
of amazing that they keep doing that. But I'm glad
you're getting the word out. People need to keep track
of that. I imagine people are getting auto dinged all
the time. My son just did a charge this morning

(01:15:12):
and it went through on three places Apple, one credit
card and his debit card.

Speaker 5 (01:15:18):
Three times for the same thing.

Speaker 4 (01:15:20):
I wonder if we ever really start examining these credit cards,
how much we're paying for that we shouldn't be paying for.
Thanks Cliff, appreciate the call. Three oh three seven one
three talk seven one three eight two five five.

Speaker 5 (01:15:34):
Is Deputy D on the phone even though he's here? No,
he's not.

Speaker 4 (01:15:37):
He has a follow up coming up. Okay, we'll wait
for him. Three oh three seven one three eight two
five five. So I do have some texts I want
to get to. Somebody wants to know.

Speaker 5 (01:15:49):
Oh.

Speaker 4 (01:15:49):
Somebody says the DMV is a step up from the
Colorado Payback program.

Speaker 5 (01:15:55):
I gave up a claim I.

Speaker 4 (01:15:57):
Had filed when I had an appointment to meet with
an action person. You don't have to do that for
the Colorado payback anyway. They say Colorado has become a
third ringk state. Here's the bottom line.

Speaker 5 (01:16:08):
Though.

Speaker 4 (01:16:09):
Somebody else said you can renew online you never have
to go in ever. Now is that true? Can you
renew online a complete driver's license?

Speaker 5 (01:16:20):
Why did I have to go in?

Speaker 4 (01:16:21):
I think I had to go in because I believe
they make you go in.

Speaker 5 (01:16:24):
Every other time. Yeah, every other time, because you need
to update your photo.

Speaker 4 (01:16:30):
So you can get by twice with the same photo.
And how long is the license good for five years?

Speaker 3 (01:16:36):
Five?

Speaker 5 (01:16:36):
I thank you?

Speaker 4 (01:16:38):
So then every ten years you have to go in.

Speaker 5 (01:16:42):
Correct. That's not bad. That's not bad. The best. Okay,
somebody wants to know.

Speaker 4 (01:16:47):
Oh, we got to get our tax guy on because
today is tax day and somebody wants to know about
extensions and money owed. So get Eric on whenever you can. Kachina,
we want to use him. And also I have a
question for Mike Wink of bankruptcy attorney want we have
some questions for him. And then we have an update

(01:17:10):
from Deputy d on the salvage title somebody called about.
And then we have our guest Dan mackenzie to talk
about a state law. So anything you want to talk about,
give us a call. Somebody else says Tom, I want
to know about putting windows on my home. Your real
estate person says, you don't get the real value out
of that when you put.

Speaker 5 (01:17:31):
Windows in your home.

Speaker 4 (01:17:32):
What they meant was it doesn't necessarily add to the
price of the home that you're asking. It may be
an attractive thing and help your house sell, but it
doesn't really increase the price.

Speaker 5 (01:17:46):
So is it valuable?

Speaker 4 (01:17:47):
Well, yes, and no, you don't get penny for penny
money back. Sometimes it's better to leave allowances open.

Speaker 5 (01:17:55):
Is Eric up right now?

Speaker 4 (01:17:56):
I have I do have a question for him, Eric,
Ryan Atlasfirms dot com.

Speaker 5 (01:18:02):
Hey Eric, thanks for being here. We have a quick question.

Speaker 4 (01:18:04):
The first one is I have six thousand dollars I
owe seventy five hundred.

Speaker 5 (01:18:10):
What do I do when I file my taxes?

Speaker 22 (01:18:14):
I would just pay the sixty five hundred, pay the
six thousand bucks in a month down the road, they'll
get a letter back saying you still owe fifteen hundred bucks.
Do you want to do an installment agreement or not?
So it's pretty mellow.

Speaker 4 (01:18:27):
Okay, So you don't have to make a note. You
just send in what you can.

Speaker 22 (01:18:32):
Yeah, and they Automatthew will sit back and response a
month later.

Speaker 4 (01:18:37):
Now, will this monthly payment be what they say it is?
Or do they negotiate it? Like, how do they come
up with a monthly installment?

Speaker 22 (01:18:48):
It's actually become very fusible these days. They'll say, let
us know what period you want to pay over. It
could even be up to three years, so a lot
of latitude you get to decide.

Speaker 4 (01:18:59):
And in today's world of interest rates, what are you
paying in interest rates?

Speaker 22 (01:19:05):
It's probably going to be at least a ten percent
rate on it, So just consider it a ten percent
loan from the irs.

Speaker 4 (01:19:13):
Okay, but that's if you think about it, that's almost
better than putting on a credit card.

Speaker 22 (01:19:17):
What do you think, Well, it's true, I guess if
somebody has a high interest credit cards, it's not the
end of the world. So it is a pretty easy
way to take the heat off and pay over time,
as long as it's not substantial. It was like ten
twenty thousand dollars. There could also be additional five or
ten percent late payment fees on it, so it could

(01:19:40):
be almost okay wash with credit cards.

Speaker 4 (01:19:43):
Someone else says that they have to file an extension
and they know they're going to owe money, but they
don't have the money right now, but they will have it.
Should they wait to file.

Speaker 5 (01:19:55):
The extension or do the extension?

Speaker 4 (01:19:57):
And then what do they do in a case like
that with they know they're going to owe.

Speaker 22 (01:20:00):
Money, they definitely, no matter what, need to file the extension,
because what happens is if you don't file the extension,
then when they go to pay, there's not only the
interest and late payment penalties, there's the late filing penalties,
which can be ugly, like two and a half percent
a month.

Speaker 5 (01:20:19):
Oh my goodness.

Speaker 4 (01:20:21):
So if they file an extension and don't have the money.
Do they put a note in there? Do they ask
for an installment?

Speaker 5 (01:20:27):
What do they do?

Speaker 22 (01:20:28):
Just file it? It could be electronically. There's nothing else
to do. You just file it and that gets them
on record at least having requested the six month extension.

Speaker 4 (01:20:38):
But what about the money owed? Will they contact you?

Speaker 22 (01:20:42):
Yeah, they'll get a let. Well, if you're just filed
an extension and having a filed, they don't know what
you owe or not. They'll have to wait until you
actually file.

Speaker 4 (01:20:51):
Okay, will you get a penalty then if you didn't
pay on the fifteenth?

Speaker 5 (01:20:56):
Definitely?

Speaker 4 (01:20:58):
Oh you will? And is is that really uh? Is
that a pretty heavy penalty for not paying on time?

Speaker 22 (01:21:07):
Yeah, it's a combination of the eight percent interest plus
I think it might be one percent per month late
payment penalty, So it's a blend of interest and penalty,
so that.

Speaker 5 (01:21:21):
Could be twenty percent a year. Wow.

Speaker 22 (01:21:24):
Yeah, it could definitely get up to that if you're
not paying.

Speaker 24 (01:21:30):
As long as you file an extension, at least that
gives you a valid extension, so you don't get that
two percent per month late filing fe But it really
can easily get up to fifteen and twenty percent.

Speaker 22 (01:21:42):
So the answer is okay, here you can to get
on a program and do it over a short period.

Speaker 5 (01:21:50):
Okay, I got a couple more.

Speaker 4 (01:21:51):
If you can hang on, I got to take a
break three on three seven one three talks seven one
three eight two five five.

Speaker 5 (01:21:55):
If you have any tax.

Speaker 4 (01:21:56):
Questions, we're answering some of them by text right now.
We also Dan mackenzie for a state law and then
Deputy d has a follow up on that salvage title
we talked about the woman was convinced she had a
wrecked car and wasn't told. We'll talk about that and
more coming up on the Troubleshooter Show. Renew Home Innovations
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(01:23:01):
checkup free, no obligation. In comparison, call Compass Insurance paying
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Speaker 5 (01:23:11):
Help.

Speaker 4 (01:23:11):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two. Hi Tom Martino, you're a troubleshooter three
oh three seven one three talk seven one three eight
two five five.

Speaker 5 (01:23:30):
Today is tax Day.

Speaker 4 (01:23:31):
We're addressing just a few things on that with Eric
Reinemer from Atlasfirms dot com. There are a series of
accounting offices that serve small businesses and clients, not just business,
but they're great. They've been doing my work for years
and years and years, and our troubleshooter network as well.
So Eric, somebody is calling or texting about it's a

(01:23:57):
woman wants to know about innocent spouse. Whatever the heck.
That means her husband left her. She says, their finances
are in shambles, but she had little to do with it,
and she suspects there's going to be problems because he
hasn't been indicating with her about taxes and it's the deadline.

(01:24:20):
What is that? What the heck is innocent spouse? Is
that something that is an actual term?

Speaker 22 (01:24:26):
Yeah, so that's a real thing. When a spouse has
let's say her husband got into deep dudo with unreported
incomer was one hundred grand, she has the ability to
file a request for you know, you know, spouse protection
from the liabilities of her husband. So it is a
thing because it comes up more and more.

Speaker 4 (01:24:49):
Okay, And so do they actually then say to the
husband or wife, yes, you're not responsible for this.

Speaker 22 (01:24:58):
Well, there's the process for have to file, and you know,
you have to file and explain the facts and circumstances
to make sure it really is his income not hers,
And there's a whole process you have to go through.

Speaker 13 (01:25:15):
Yeah, okay.

Speaker 4 (01:25:17):
Now someone says here, I've heard they hired a bunch
of new IRS agents. Then I heard Doze laid off
a bunch of IRS agents. So what is the situation
with the IRS, are they being more aggressive or less aggressive?
And manpower wise, will there be less auditing?

Speaker 22 (01:25:37):
I'd have to say it's pretty clear there's going to
be less auditing because first they hired an extra ten
thousand people based on a build of the past three
years ago. But now with those in there, people are
getting laid off, just like all the other agencies that
are laying off the probationary new people. And we're even
dealing with the IRS and some clients situations and the

(01:26:00):
they're just saying, yeah, we're losing more people every day.
So it's pretty clear their staff is being trimmed down,
and you can only presume there's going to be less
people around to even pursue the normal audit procedures. That's
kind of natural evolution here.

Speaker 4 (01:26:17):
Okay, so Eric, what would you say being tax day
is the biggest mistake we make as taxpayers? Is it
not filing? I mean that would be the obvious one.
What else?

Speaker 5 (01:26:26):
Not paying? What are some of the common mistakes?

Speaker 22 (01:26:29):
Yes, so here, I looked it up while we're offline.
The key thing is if you don't pay Number one,
if you don't have the money, you still on a
file anyway, because what happens is the failure to pay
the money accrus at five percent per month on top
of the interest, but the failure to file by not

(01:26:50):
even filing an extension is five percent per month up
to twenty five percent. So you can get in a
world of hurt if you don't at least efficiently say
you want to extend that at least gives you six
months the worst. Really backing up Tom, the biggest issue
is a person that knowing the situation coming into the year,

(01:27:10):
and like they say, the more you plan, the more
money you're going to save. And people just need to
be proactive and be thinking about things before they get
up against the deadline, just see what their options are.

Speaker 4 (01:27:23):
And speaking of deadlines, we're speaking with Atlasfirms dot Com,
the accounting firm we've used as our experts for years.
So Eric, speaking of deadlines, the extension gives you a
deadline to.

Speaker 22 (01:27:33):
When six month, well for the person returns is six
months from today, which is October fifteenth.

Speaker 8 (01:27:40):
And a lot of people.

Speaker 22 (01:27:41):
Have businesses which we're due on March fifteenth and get
extended until September fifteenth.

Speaker 4 (01:27:48):
Okay, and that's and so then that's the final deadline,
right yep. And so people you've heard it here Atlas Firm,
and if you need an accounting firm, there's certainly a
good one. Three oh three seven one. Thank you very much, Eric.
We appreciate the last minute information and tips for the

(01:28:10):
questions we've had. Thank you very much for being on. Okay, deb,
what's going on with their air conditioner? Welcome Deb? Oh
she's gone. Okay anyway, we have more coming up on
the Troubleshooter Show three oh three seven to one three
talks seven one three.

Speaker 5 (01:28:26):
Eight two five five.

Speaker 4 (01:28:27):
Deputy D has a follow up on a salvage title
D without going into the solution, what was her original
contention when Amy called the show?

Speaker 2 (01:28:37):
Amy bought a car from a dealership up in Golden
and it immediately broke down. And the Amy's allegation was
that they sold her a car with a salvage title
without telling her because she found information to that on
a report she pulled from some service called Bumper. And
the update that I'll provide when you're ready in fall,

(01:29:00):
my conversations with Rod Greer from jfr At.

Speaker 5 (01:29:02):
Associates and he's not involved in he's.

Speaker 2 (01:29:05):
Not involved in it. But he's our expert on guns cars. Okay,
and he ran that title through two services that they use.

Speaker 5 (01:29:11):
Okay, good, and I have some answers. All right.

Speaker 4 (01:29:13):
We got more coming up on the Troubleshooter Show. Three
oh three seven one three eight two five five one
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Speaker 4 (01:29:50):
Time for an insurance check up free, no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
seven to one help. You'll think you're his only customer
when you choose Frank durand the Real Estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Artine here,

(01:30:14):
Welcome three all three seven one three talk seven one
three eight two five five.

Speaker 5 (01:30:19):
I'm gonna go to Michael Wink right now.

Speaker 4 (01:30:21):
Mike Wink is an attorney that does bankruptcies Wink Law
Firm dot com. And I had some questions here, Mike.
Somebody wanted to say, or someone did say.

Speaker 5 (01:30:31):
By text that they don't.

Speaker 4 (01:30:33):
Want to do a bankruptcy but they might have to.
And they wanted to know what is a good technique
for negotiating lump sum settlements or do they not listen?
Do credit cards listen? Do medical people listen? What's the
best way to go about that?

Speaker 8 (01:30:50):
Sure, we represent people in bankruptcy and in settling debt
outside of bankruptcy very frequently. Those are two primary areas
of practice. To settle, you have to go into default.
So as long as you're paying the debt, they're never
going to negotiate, like you might get a break on
interest or something, but they're not going to take less
than the balance to settle it in full. Typically that's

(01:31:14):
about with a credit card, you're talking about five months
or so in the default, they'll start accepting a pretty
significant fraction of the balance, oh, typically about half. And
it's good to have cash for lum sum settlements because
lump sums of cash buy down debt better than payment plans.
So in other words, if you say I'll pay you
fifty percent, but I need a year to pay, well,

(01:31:35):
you're you're probably gonna have to pay more than fifty percent.
But whereas if you could pay that balance that fifty
percent amount by the end of the month, the creditor
is much more likely to take some kind of discount
like that. There's a little more variability in medical bills.
Sometimes they've already discounted the bill and it makes it
harder to get more discounts. And then sometimes you can

(01:31:58):
get even a bigger discount, especially if you can show
economic hardship on your clients. So a lot of times
creditors will inquire about that, but certain hospitals and things
will really listen to that. I don't find credit card
companies particularly moved by somebody else I heard.

Speaker 4 (01:32:16):
I heard medical bills were easier to settle than credit cards.

Speaker 10 (01:32:20):
Now, well, like I.

Speaker 8 (01:32:22):
Said, I think, I think it's just more variability. So,
you know, we've achieved percentages on large medical debts that
I don't we've ever achieved on like bank that. In
other words, you know, we've done ten percent fifteen percent
on certain medical debts. So in that way, the greater
savings is possible. But like I said, sometimes I feel

(01:32:45):
like by the time we get involved, the bill has
been discounted already and it's when from that point it
can be difficult to get more discount off of it.

Speaker 4 (01:32:57):
How do you charge for your negotiating service?

Speaker 13 (01:33:01):
Right?

Speaker 8 (01:33:02):
Yeah, Typically we charge a percentage of the debt. Ten
percent of the debt is our typical charge. And by
the way, the primary competitors in the industry, like National
Debt Release, the sort of national players that do debt settlement,
they charge like twenty five percent, so you can.

Speaker 4 (01:33:19):
Really get So when you say ten percent of the debt,
when you say ten percent of the debt, do you
mean ten percent of the final amount or ten percent
of the face value.

Speaker 8 (01:33:30):
Pre settlement balances? Yeah, so it's ten percent of the balance,
So were they of the settlement. So you end up
paying about sixty percent with our fees and the settlement amounts.

Speaker 5 (01:33:43):
Okay, I get it.

Speaker 4 (01:33:45):
So if someone owes ten grand, your charge is a thousand?

Speaker 5 (01:33:49):
Am I reading that right? Yeah?

Speaker 4 (01:33:51):
And then and then you reduce it to whatever you
can and then you try to reduce it as much
as possible.

Speaker 8 (01:33:57):
Right, And there's some flexibility on our percentage. So if
somebody has like an eighty thousand dollars debt, we're not
necessarily going to charge of make grand on that. We
can we can do a discount.

Speaker 5 (01:34:07):
But okay, I get it.

Speaker 8 (01:34:08):
Type of that that you know the amount, okay.

Speaker 4 (01:34:13):
And Mike, do you find being a bankruptcy attorney they
know that going in when you're negotiating.

Speaker 8 (01:34:22):
Yes, a lot of times they do. I mean they
know what we do. We file out of bankruptcies. So
I think we can help debtors credibly threaten bankruptcy when
we're trying to settle. And so okay, yeah, I think
it helps to have a bank you have.

Speaker 4 (01:34:38):
Do you have some collectors or some creditors that just
never negotiate, Like, are there just pains in the butt?

Speaker 8 (01:34:46):
Not really, there's some I wouldn't say they never negotiate,
but there's some like say Discover. Discover often insist on
sixty to seventy percent, whereas other banks, you know, you
can get to a lower amount. So it's not that
they don't negotiate at all, it's just said some are tougher
to get better savings from than others.

Speaker 4 (01:35:09):
Okay, And I just got this text saying that she's
she was unemployed, but she was going she had signed
up for a community college and then had a diagnosis
and she thought she was very ill and went through
a period of time where she was with surgeries. She
never contacted the school, she never went back to the school,

(01:35:33):
and now the community it's a Rapo community college, is
asking for full payment of all of those courses. Did
you ever negotiate educational debt like that for hardship?

Speaker 8 (01:35:44):
Absolutely? And by the way, that debt, as long as
it's not a student loan, which it sounds like it's
unpaid tuition, which is technically not a student loan, right,
that debt is discharge well in bankruptcy, so that gives
you more leverage to negotiate a settlement. It's much harder
to sell student loan.

Speaker 5 (01:36:01):
Okay.

Speaker 4 (01:36:03):
Have you dealt with educational facilities before institutions and are
they easy to deal with?

Speaker 8 (01:36:10):
I wouldn't say easy to deal with. We have dealt
with them before. I'm confident that we could get some
shavings that would fall into the further you get away
from bank that the more variability in the outcome you
might see, which is a double edged sword. Right, there's
opportunity there. You might get a great settlement, but you
know they could be a little stickier too.

Speaker 4 (01:36:32):
Okay, And do they take a look at the financial strength?
Do they like, do they investigate who's doing the negotiating,
not you as an attorney, but the person. Do they
know anything about the person or do they ask information
about them?

Speaker 8 (01:36:47):
They do sometimes ask information. I think they do sometimes
know information. I'm not sure, especially if the dead is older.
I'm not sure. Like all of the methods of skip
tracing in ways that they can find out about what
debtors have at home. But a lot of times we
share information, especially when we think it's beneficial towards getting.

Speaker 4 (01:37:08):
Into a Yeah, like if it's a if it's a
young person who's hardly working, and there's a prayer they're
going to.

Speaker 5 (01:37:15):
Get paid, it seems to me they might be more
apt to want to negotiate.

Speaker 8 (01:37:20):
Yeah. I think I always tell people that rather than
fighting on the merits of the debt, focusing in on
the debtors inability to pay, I think is the most
compelling negotiating text. Okay, when you're trying to settle that,
and it sounds like like, for example, I'm this particular
you know person she was ill. I think is what
you said was unable to go. I mean, all of
that would definitely incorporate into the negotiation.

Speaker 5 (01:37:44):
Thank you.

Speaker 4 (01:37:45):
And Dimitri has a question, Deputy d go ahead, Thank you, Tom,
mister wink.

Speaker 2 (01:37:49):
In the context of default of credit card accounts, as
you know, those are pretty quickly sold off to junk
debt buyers such as Midland Funding or LV and V
another revolting bottom feeders like that, What are the odds
of renegotiating whatever they're trying to collect on a pre
litigation basis.

Speaker 5 (01:38:09):
Are they pretty open to that?

Speaker 2 (01:38:11):
And if so, roughly what percentage of the face value
of the original debt do they accept for let's say
a four or five years ago defaulted credit card.

Speaker 5 (01:38:20):
Talking about people who buy up the bad debt.

Speaker 2 (01:38:23):
Yeah, there are multi billion dollar companies that bottom feed
in this industry, LV and VS Are they of them?

Speaker 5 (01:38:28):
Are they easy to deal with? Mike?

Speaker 8 (01:38:30):
Yeah, we deal with them all the time, and much
like the bank, some are easier to deal with than others.
But I tell people that collections is where deals get
done a lot of you know, a lot of times
the bank doesn't offer much and then it goes to
collections and that's when you can get your best deals.
And that's that are older three to five years. Those

(01:38:52):
are right for film, right, they're right.

Speaker 13 (01:38:54):
For settlement or how much.

Speaker 8 (01:38:56):
I would say you're in that forty to fifty percent range.
The risk is what's risk that goes out if they
sue you, which is different than a like a debt buyer.
But if they hire a local attorney, now they're going
to suit you, and then the cost of the settlement
goes up. So you know, I would say on average
we're in the fifty percent range. Oftentimes we get it

(01:39:18):
settled before a lawsuit. We're really doing better than fifty percent.
But once the lawsuit hits, you're in the sixty to
eighty percent range typically to settle the lawsuit.

Speaker 2 (01:39:30):
Mister Weak, I've I've learned that they buy this debt
for literally two or three cents on the dollar.

Speaker 5 (01:39:36):
Is there any truth to that?

Speaker 8 (01:39:38):
You know, I don't know what they pay. I don't
know what they pay, But like I said, I know
the collections are a good time to negotiate, and even
when the credit. When the bank says they're going to
send it to collections, I think that's a good time
to negotiate because they're about to pay loss. So you know, okay,
let's more how low we can go before they do that?

Speaker 4 (01:39:58):
Yeah, because if they know they're going to sell to
a collector for pennies, they might want to just do
a better settlement with you guys, right, correct.

Speaker 8 (01:40:06):
And sometimes they hire a collector, so sometimes they're selling
the debt and sometimes they're going out of pocket to
have a collection agent work on the loan, both of
which are good opportunities. And I think both of which
if you can catch them where they pay that or
they take that loss, again, it's a good time to try.

Speaker 4 (01:40:26):
Have you ever been able to avert enough debt and
settle enough debt that someone who came to you with
a bankruptcy ended up not having to do a bankruptcy?

Speaker 8 (01:40:36):
Absolutely? Now, I want to be clear that you know,
if my view is if bankruptcy is your best bet,
that's what you should do. Right, So I'm not okay now,
And sometimes it's a close call, right. Bankruptcy can require
people to be paid debt, sometimes a lot of debt
and so it's those people who we end up encouraging
to settle debt because it's cheaper. And you know, we've

(01:40:59):
had people that'll, you know, old one hundred and fifty
grand for people two hundred thousand dollars a debt. And
the challenge then, though, is coming up with the cash
to get the settlements in before the lawsuits lawsuits start coming?

Speaker 4 (01:41:14):
Do the do the creditors ever want to know where
the lump sum is coming from?

Speaker 10 (01:41:20):
Yeah, they ask, and you know, so, I mean, I
mean that and of them that are good, Like if
it comes from a retirement account for example, that's a
protected source that they're never going to get otherwise.

Speaker 8 (01:41:34):
Or hell, what if.

Speaker 4 (01:41:35):
It's coming from a friend. What if it's yeah, from
from the family, Like do they look at that as
a weakness maybe the family will pay more or do
they look at that as we better take what we
can get.

Speaker 8 (01:41:47):
It depends, you know, on the circumstance. It really depends.
But I find, okay, the most but I find the
most effective tactic is radio silence until four periods of
time and then you come and negotiate and if there's
not something good, back to radio silence for you know,
three to four months and then you come come back at.

Speaker 4 (01:42:09):
Them all right, Thank you, Michael Wink. It's Wink Law
Firm dot com. Seven to zero five to two three
zero six two zero seven to zero five two three
zero six to zero.

Speaker 5 (01:42:26):
We have more coming up.

Speaker 4 (01:42:32):
Go with a sure thing Denver's best roofer Excel Roofing
dot com.

Speaker 5 (01:42:36):
You don't pay a cent until you're content.

Speaker 4 (01:42:42):
Time for an insurance check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
to seven to one.

Speaker 5 (01:42:52):
Help.

Speaker 4 (01:42:53):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two. Hi Tom Martino, your troubleshooter three A

(01:43:13):
three seven to one three talk seven one three eight
two five five. So Deputy Dimitri has a follow up.
So a woman calls up about her car and says
she thinks she has a salvage title. She was never
it was never disclosed to her, and she found that out.
How how did she find out or what did she say,
led to her discovery.

Speaker 2 (01:43:33):
Well, she ran a vehicle report on some service that
none of us have ever heard called bumper Per. Yeah,
and Bumper maintains that this is either a salvage or
a branded title vehicle. So, as you know, we had
Kevin Culkin from Shearon Argitech ran a Carfax and the Carfax,
which is a very reputable company that we're all familiar with,

(01:43:55):
doesn't have any indication of either salvage or branded title.

Speaker 5 (01:43:59):
So break that tie.

Speaker 2 (01:44:01):
I went to JFR and Associates, and as you know,
we have a great contact over there named Rod Greer,
and I wanted to get his advice on it. I
sent them photographs of both front and back of the
title and Rada JFR ran it through two of the
services they use. He ran it through Carfax again in
another service called auto check, and he told me that

(01:44:21):
based on the results of those two checks, it's a
clean title.

Speaker 5 (01:44:25):
There is no indication of branding. I guess you.

Speaker 4 (01:44:27):
Thought because co part was the one that sold it
to her. Yeah, cot excuse me, Coparts sold it to
the dealer.

Speaker 2 (01:44:36):
Yeah, and so she suspected that, well that must have
been an insurance resh Yeah, which is you know, which
is a reasonable assumption because co Parts sells insurance re recks. However,
according to Copart's website, they also claimed that their premier
auction site for what they call clean title cars. So
that's not an indication automatic indication of a salvage vehicle,

(01:44:59):
but these two serve is. The JFI Access said that,
hey it's a clean title. Of course, that still leaves
the possibility of that title having been washed.

Speaker 4 (01:45:07):
And remember when you called the dealer, they weren't very No,
they were very unsophisticated.

Speaker 2 (01:45:11):
It's unsophisticated about how they handled it. They just didn't
ever want to talk about it.

Speaker 4 (01:45:16):
But if they have nothing to sounded suspicious to me
when you called them and they wouldn't even talk about it.

Speaker 5 (01:45:20):
Yeah, that's that. That's why I was suspicious.

Speaker 2 (01:45:23):
So my suspicion was based on the fact that they
refuse to discuss this matter with me.

Speaker 4 (01:45:28):
Anyway, Kevin Caulkin inspected the car and verified the engine
is bad.

Speaker 5 (01:45:32):
Shot done, it's shot. She's gonna need a new engine.
She's going to need a new car.

Speaker 4 (01:45:37):
Okay, I'm Tom, Oh yeah, because it's not worth investing. Probably,
So I'm Tom Martinez. We have more coming up on
The Troubleshooter Show. Three O three seven to one three
talk get your calls in three oh three seven one.

Speaker 5 (01:45:48):
Three eight two five five.

Speaker 4 (01:45:52):
Go with a sure thing Denver's best roofer Excel Roofing
dot com.

Speaker 5 (01:45:56):
You don't pay a cent until you're content on top
of it.

Speaker 4 (01:46:01):
Time for an insurance check up free, no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three all three seven
seven one help. You'll think you're his only customer when
you choose Frank durand the real estate Man dot com
to list your home with Remax Alliance three all three
nine two zero sixteen twenty two Ripped you need who

(01:46:31):
you don't have?

Speaker 1 (01:46:35):
Run anxious as fast as we can show shooters gonna help.
Come man, This is.

Speaker 3 (01:46:42):
The Troubleshooter Show.

Speaker 20 (01:46:44):
Now, Tom Martinez, Welcome to the Troubleshooter Show.

Speaker 16 (01:46:56):
Hello, this is Kuccina Colore, which I am not really
my name, but some of you know me by that.
So we're going to go ahead and do a quick
check in with the deputies here. Let's talk to you,
Deputy Dollar, what are you working on.

Speaker 21 (01:47:13):
Yeah, I've got a couple of cases, one with the
Small Business Administration docking our callers social Security payments like
two hundred bucks a month. So dealing with everything has
been kind of Dealing with the government is always slow

(01:47:35):
going at best.

Speaker 20 (01:47:38):
And what about you, mister Deputy Chopper, Well.

Speaker 25 (01:47:41):
Kelly, I'm only working on that call from up there
in glen Wood. The guy that went up and worked
on a trailer and did a lot of digging and
other stuff. He's trying to get his money. One side
is saying he didn't send an invoice. He's saying he
talked to her and the price. So I'm just trying

(01:48:02):
to settle them both down and hopefully get some money
sent to the plumber, as we would say.

Speaker 16 (01:48:09):
And that was from earlier today, right, Yeah, we we
tried to get to things as quick as we can.

Speaker 5 (01:48:15):
Absolutely not like the show.

Speaker 20 (01:48:18):
Right now, Well, we are here, so hang on for me.

Speaker 5 (01:48:30):
Hello, you're here, am I on the air? I hear you,
I hear you. Okay, good, so we're back on. I
don't know what the hell happened, guys, Sorry about that.

Speaker 4 (01:48:44):
So three oh three seven one three talk seven one
three eight two five something went haywire with our remote.
But is everybody up and running now? Dmitri you're there,
just give me an indication from the board. If I'm
on the air, just give me an indication yes or no.

Speaker 5 (01:49:07):
Thank you.

Speaker 4 (01:49:08):
Dan McKenzie's with us our guest ceoplans dot Co. I'm
sorry for the technical difficulty we had. Thank you Kelly
for trying to fill in there. Dan mackenzie, I'm having
some questions since you're here about a state law. Let
me go to my texts that have been piling up.
Number One, people want to know can they do and
we get this question all the time. If they do

(01:49:29):
their own will, is it valid? Let's talk about the
pitfalls of that. And first of all, what do they
mean by their own will? Are they talking about the
online kind? Do you think or do you think they're
talking about.

Speaker 5 (01:49:40):
The kind that they just write.

Speaker 7 (01:49:44):
I mean it could be either. I assume their time
out the online kind. But I always tell people like, look,
you can take out a cocktail napkin and write your
will on it.

Speaker 5 (01:49:50):
I mean it's if you can. It's so if you
write a will, yeah it's valid.

Speaker 7 (01:49:56):
Yeah, I mean there's certain things that have to have
you there.

Speaker 6 (01:49:58):
It has to be in your handwriting.

Speaker 7 (01:49:59):
So you have the cocktail napkin and you write in
your handwrite in and you sign and date it like
that is a will if it says like this is
my will and I leave this stuff to these people
like the cocktail gets that we've had post it notes
submitted to court.

Speaker 5 (01:50:11):
You've had post it notes? Yeah, all right?

Speaker 4 (01:50:13):
Now what about the online wills? What do you think
about those that do it yourself?

Speaker 7 (01:50:17):
I mean, they just have to be drafted in a
way that just covers, you know, ninety percent, so you know,
I can have no special.

Speaker 4 (01:50:23):
Provis like what are the mistakes that you somebody would
make with an online will or with their own will.

Speaker 6 (01:50:28):
It's just so simple, you know.

Speaker 7 (01:50:30):
I never have clients who tell me like, there's no
other concerns other than getting stuff outright to adults, and
that's what those wills are generally drafted to do. We
certainly have that circumstance come up. But people just don't know,
they don't know what they don't know, and they don't
know what their options are for leading stuff to people
who maybe need some supervision or some protection or whatever else.

(01:50:52):
They don't realize, like married couples, like, you know, you
got to think through what happens if one of us
dies before the other, because that's probably what's going to happen.
And in a lot of cases people are doing their
own wills are just figuring, well, the spouse is going
to get it, it's gonna be out right, and they're
just going to be able to have full opportunity.

Speaker 6 (01:51:07):
To change the plan. And in a blended family, they
made a total disaster.

Speaker 4 (01:51:10):
All right, So bottom line is this, then if you
do your own will, there's just so many mistakes, as
the main mistake would be if you leave something out
or if you don't cover all contingency, someone could challenge it.

Speaker 7 (01:51:24):
Right, Yeah, you got to realize you got to understand
who could challenge us and why. And I mean if
you get back to Dmitri's example of earlier in the
in the show where he said, like, look, if you
put desnated beneficiaries on stuff or yeah, any titles could you.

Speaker 4 (01:51:36):
Literally then for goal will, if everything you had was beneficiary.

Speaker 7 (01:51:40):
May you probably still have personal cree the you can't
really beneficiary. But yes, we've had clients who we've had
counseled through they're like I'm going to use the desney
of beneficiaries to pretty much do all of this.

Speaker 4 (01:51:49):
So a beneficiary would be for each bank account, a
beneficiary would be for insurance, a beneficiary would be for
an annuity, a beneficiary would be for your iras even
do you have are there are the beneficiary designations for
iras and roths and all of those.

Speaker 6 (01:52:03):
Yeah, those pretty reliably.

Speaker 4 (01:52:04):
So if you did all of that, do you do
it in the will as well, or do you do
one or the others.

Speaker 7 (01:52:10):
You just need to understand that if you can say
whatever you want in the will, but if you've designated
with a beneficiary, it's not going to be controlled by
the will that's in front of the will.

Speaker 5 (01:52:18):
So the beneficiaries you name come first.

Speaker 4 (01:52:21):
So if you had beneficiaries named and then went had
a will done, you have to remember to go back
to the beneficiary designations and remove them.

Speaker 6 (01:52:29):
You have to coordinate that.

Speaker 7 (01:52:30):
And some people want like they you know, the will
will look like, hey, you disinherited your son, Well, no
I didn't. He's the beneficiary on the life insurance policy,
so he's not named of the will, right, So sometimes
things like that can come up. But yeah, you need
to make sure that you've coordinated that and up there.

Speaker 4 (01:52:44):
So beneficiary designations people actually come first before they hit
your estate. So if you said in your will, I
want my kid to have my cash, and your kid
is not named as the beneficiary, but your wife is,
and and let's say it's a second marriage or something,
and she's a pod, she gets that money before it

(01:53:05):
hits the estate, so your son never sees it.

Speaker 5 (01:53:07):
Could the son contest it?

Speaker 7 (01:53:09):
You can contest beneficiary designation, It's just like you can
contest a will for like, uh, incapacity or undue influence.
That's harder because those pass outside of a court process, right,
so there's no case going on.

Speaker 4 (01:53:20):
So everything outside the will is considered first. If you
made private agreements, yeah, if you have.

Speaker 7 (01:53:27):
A joint tendancy, that's one way to do it. If
you have a Dosney beneficiary, it's another way to do it.
A trust agreement we talked.

Speaker 4 (01:53:32):
About ls, so you could possibly have an estate with
much of your stuff never hitting these state people.

Speaker 7 (01:53:37):
A huge percentage of wills do nothing. In married couples,
a lot of times, you know, everything is either jointly
titled or desneated beneficiaries between the two of them, and
one person passes away and everything goes even if that
person's will says they should go to my kids, all right.

Speaker 4 (01:53:51):
Three h three seven one three eight UO five five D.
Welcome to the show. What's going on?

Speaker 5 (01:53:56):
D Hi?

Speaker 14 (01:54:00):
My name is and I am trying to get a
proposals from contractors to do landscaping and a retaining wall.

Speaker 13 (01:54:13):
From the house.

Speaker 14 (01:54:14):
And I've got a proposal back from a landscape scape landscaper,
and I always hear from you not to really give
money up front, and what.

Speaker 4 (01:54:26):
He is don't give money upfront. Don't give money up
front for nothing.

Speaker 14 (01:54:29):
Ever, That's what I'm understanding from listening to you in
the past. He is asking for a total of eighty
four hundred, and the day that they he would start,
he would need three thousand and about halfway through another
three thousand, and then when he is done the remaining

(01:54:53):
two thousand and then I would keep four hundred to
make sure everything is complete to our set.

Speaker 5 (01:55:00):
Have four hundred d D. Hold on a second.

Speaker 4 (01:55:03):
The initial the initial eighty four hundred, what is it for?

Speaker 14 (01:55:10):
It would be to remove sidewalk and let's see remove
a six FYT for thirty five sidewalk.

Speaker 4 (01:55:20):
No, no, no, no, that is not that. No, no,
that's that's not true. That's not true at all. The
eighty four hundred initially is for what he didn't He
didn't remove a sidewalk.

Speaker 5 (01:55:30):
Yet, what is the eighty.

Speaker 14 (01:55:31):
Four hundred four the complete job?

Speaker 4 (01:55:37):
No, that that's not either. D. Let me give you
an example. If I said, D, I need eighty four
hundred up front because I'm going to have these supplies
delivered to your home, or I have to come up
with a plan, and the architect is charging twenty four hundred,
and then I have another sixty two hundred or six

(01:55:59):
thousand dollars going here or there. I'm asking what is
the eighty four hundred ear marked four?

Speaker 14 (01:56:10):
Well, that's a good question.

Speaker 5 (01:56:14):
It's nothing.

Speaker 4 (01:56:15):
This person wants eighty four hundred dollars for nothing. That's
a red flag to me. Nothing. You don't give someone
eighty four hundred dollars to show up and then he
wants three grand when he gets there. Does that sound
to you like a good way of doing business?

Speaker 14 (01:56:33):
No, it doesn't. And that's why I'm contacting you, because
I've got I'm going to go ahead and respond, but
I kind of wanted to make sure that I am
correct because I listen to you and I do hear that.

Speaker 5 (01:56:46):
So now here's what you're gonna hear. D. Here's what happens.

Speaker 4 (01:56:50):
A lot of these people are going to tell you
that to get your place in line, they want to
make sure you're serious, so they want you to put
up some money. Eighty four is a ridiculous amount.

Speaker 5 (01:57:03):
You hang on. I'm gonna go over what you should do.

Speaker 4 (01:57:05):
In this case. Plus, we have a question, ed, What
is your question? D. I'll come right back to you. Ed,
what's your question? We'll answer it after the break.

Speaker 5 (01:57:14):
Okay, what is your question?

Speaker 8 (01:57:18):
Ed?

Speaker 19 (01:57:18):
Oh yeah, my brother is going to a divorce and
he put me on his will as his beneficiary.

Speaker 22 (01:57:23):
But he has three properties with his wife, all right.

Speaker 8 (01:57:26):
As soon to be ex wife.

Speaker 9 (01:57:28):
Would that take care of the properties? To media take
it over the well?

Speaker 4 (01:57:31):
Now that's a very good question, because you gotta listen,
the divorce decree is going to have a lot to
say about it before he dies. So hang on, we'll
come to that and more coming up on the Troubleshooter Show.
Go with a Sure Thing Denver's Best Roofer Excel Roofing

(01:57:52):
dot com. You don't pay a cent until you're content
time for an insurance check up. No obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out Now three oh three seven
seven one help. You'll think you're his only customer when
you choose Frank Durand the real estate man dot com

(01:58:13):
to list your home with Remax Alliance three oh three
nine two zero sixteen twenty two. So I'm talking to
D and D says she contacted a landscaper who wants
eighty four hundred dollars up front.

Speaker 5 (01:58:30):
Here's what I talked to.

Speaker 4 (01:58:32):
When I talk to contractors and they want money upfront,
I ask them why. And if they say it's for materials,
I say I'll pay for materials when they're delivered. If
they say it's for plans, I'll say, show me the
plans and I will pay for them. If they say, well,

(01:58:52):
I just want to make sure you don't cancel, then
I'm going to say I don't want to. I want
to make sure you're not going to cancel. So what
says I give you eighty four hundred and you cancel
and keep my money, or you get hit by a truck.

Speaker 5 (01:59:07):
I'm not paying for your signature.

Speaker 4 (01:59:10):
I'm not paying for you to promise to come to
my house, and I'm not going to wait three weeks for.

Speaker 5 (01:59:15):
You to show up.

Speaker 4 (01:59:16):
When you show up, if you're hurting for money, I'll
pay you for that day's work. I'll even pay you
for a couple days in advance. What I won't give
you is eighty four hundred dollars for nothing. So this
guy wants eighty four hundred dollars for nothing, then what
does he want?

Speaker 19 (01:59:39):
Hi?

Speaker 14 (01:59:39):
Tom with you.

Speaker 5 (01:59:43):
Hello, That's why I'm asking you the question day.

Speaker 4 (01:59:46):
So the eighty four hundred dollars upfront, what else is
expected of you after the eighty four hundred?

Speaker 14 (01:59:56):
Let me clarify. He said the day that he starts,
he will need three thousand dollars, and then when he's
halfway through, he'll need another three thousand, and then when
he is done, he would need the two thousand. So
it's that is just to clarify that.

Speaker 4 (02:00:17):
Well, no, wait a second, So you're saying the eighty
four hundred is the total job. Yes, okay, well that's
a whole different story. So he doesn't want eighty four
hundred upfront. He wants three thousand when he starts.

Speaker 14 (02:00:35):
Yes and halfway, I.

Speaker 5 (02:00:37):
Have no problem with that. Three I have no problem
with that. Okay, none, no problem. You're paying as you go,
your d You're paying as.

Speaker 6 (02:00:50):
You go, right, okay?

Speaker 14 (02:00:52):
Uh huh.

Speaker 17 (02:00:54):
Yes.

Speaker 4 (02:00:55):
So if he shows up and wants three grand, I mean,
you know, there's a slight chance even then you give
three grand and the guy then goes to another job
the next day, and you know, and they rob Peter
to pay Paul. But I don't mind paying when someone
shows up an installment. I don't mind it at all.
Are there materials included in that three grand? Or is

(02:01:16):
it just labor?

Speaker 14 (02:01:20):
He hasn't set it. Sounds like that's for materials and labor.

Speaker 5 (02:01:27):
Good. I have no problem with it.

Speaker 14 (02:01:30):
Yeah, I hit the contract you sent me is a
bit weak, I don't you know. Like I said, it's
a bit weak. But I wanted to find out how
you felt about the three thousands.

Speaker 4 (02:01:42):
How did you find Let me ask you a bigger
Let me ask you a bigger question. How'd you find
the contractor?

Speaker 14 (02:01:49):
You know it was through a mailer and I looked
him up online?

Speaker 4 (02:01:55):
Wrong answer, wrong, answer. Sorry, wrong answer. You got a
man and that's how you picked him. Did you do
any did you do any checking on this guy?

Speaker 11 (02:02:05):
I did?

Speaker 14 (02:02:06):
I did?

Speaker 19 (02:02:08):
Wait?

Speaker 5 (02:02:08):
Wait, what kind of checking? D? What kind of checking
did you do on them? I?

Speaker 14 (02:02:14):
What I did? I went online to see some reviews.
I asked him when he came to the house to
give me some you know, reviews and past work. I'm
not totally sold, but D, I'm calling.

Speaker 4 (02:02:29):
So did he give you did he give you references
from past jobs?

Speaker 2 (02:02:35):
No?

Speaker 5 (02:02:37):
Okay, So how did you exactly check him out?

Speaker 8 (02:02:40):
So?

Speaker 4 (02:02:40):
All I heard so far is that you read reviews online.

Speaker 11 (02:02:45):
That's all I've done.

Speaker 4 (02:02:47):
To be honest, I would want to talk to three clients,
three of them, and I would want to talk to
them in detail about the work that he did and
if there were any problem. Go with a sure thing
Denver's Best Roofer Excel roofing dot com.

Speaker 5 (02:03:03):
You don't pay a cent until you're content.

Speaker 4 (02:03:08):
Time for an insurance check up free, no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three all three seven
to seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate man
dot Com to list your home with Remax Alliance three
all three nine two zero sixteen twenty two. Hi Tom Martino,

(02:03:35):
you're a troubleshooter three all three seven to one three
talks seven one three eight two five five. Hey, so listen,
I had some technical difficulty earlier in the show, and
I had the Knix's YouTube early and all that, and
I apologize to everybody, And here's the deal. You know,
once in a while that happens with broadband and networks
and all of that crap. So I'm just gonna ask
Dragon that he not report me to management, because uh,

(02:03:57):
I think I'm on my last leg right now as
it is.

Speaker 5 (02:04:01):
Can I have yours?

Speaker 4 (02:04:02):
Thank you, Dragon, because I know that you would never
report Brownie if.

Speaker 5 (02:04:06):
He had a technical difficulty.

Speaker 4 (02:04:09):
But yeah, So anyway, Dragon's main gig is with Brownie.
I say his main gig because it is, but he
graces us for two hours of the show, and every
once in a while we have our technical difficulties. Of course,
I'm a prima donna who does the show from home
in his home studio, so every once in a while.

Speaker 5 (02:04:28):
It happens.

Speaker 4 (02:04:29):
I have Dan mackenzie as my guest and by the way,
he does a state planning wills and trusts.

Speaker 5 (02:04:39):
I want to talk.

Speaker 4 (02:04:40):
Somebody asks Tom tell us more about LLC's now, Dan,
I don't want to steer people the wrong way, but
LLC's for families, I think sometimes can take the place
of a trust. Can you elaborate on that on LLC
is an entity, it's a corporation.

Speaker 7 (02:04:56):
Really, it's more like a business with a number of
people run it, whereas a trust has a trustee and
the trustee is in charge of things, and that might
not work for some situations. The most common situation that
we use LLCs for in estate planning is actually like
abusination properties. Actually, oh yeah, beyond businesses. So like let's
say you've got a family vacation property. You've got you know,

(02:05:18):
multiple people in the next generation. Okay, I want to
use that, like rather than putting.

Speaker 5 (02:05:23):
One trustee in charge, okay.

Speaker 7 (02:05:25):
They're all kind of on a board of directors together.
And then there's rules in there about how do we
decide who gets to use it when? What if somebody
wants to be bought out because they live in Florida
and those properties in Brecknry.

Speaker 4 (02:05:35):
Okay, so someone said, how specific can you let me
let me find it?

Speaker 5 (02:05:40):
I'm trying to remember it.

Speaker 4 (02:05:41):
How specific can you get with a trust as to
what happens to the asset through the life of your heirs? Like,
can you control the damn thing till the day? I mean,
can you after you die maintain control of the stuff?

Speaker 6 (02:05:55):
Yeah? Yeah, that is often a purpose.

Speaker 7 (02:05:58):
You've got to be a little bit care I always
tell people you got to decide do you want to
be real vague or do you want to be real specific?

Speaker 6 (02:06:02):
And there's pros and cons to both.

Speaker 4 (02:06:04):
Now, if someone is very specific, like this home is
to be kept in the family, and this is that
and the other thing, and this artwork is to be
hung here, I mean, can you get like that?

Speaker 7 (02:06:16):
Yeah, I don't know about the artwork exam no, no,
but but yeah, certainly, yes you can. But it's like,
you know, the problem with being real specific is you're
gonna probably have some unintended consequences.

Speaker 5 (02:06:26):
Again, it's like, that's what I want to ask.

Speaker 4 (02:06:28):
Then can a trustee change the trust for the good.

Speaker 5 (02:06:33):
Of the errors?

Speaker 7 (02:06:35):
They can have a private agreement in a lot of
circumstances where they can agree to change the terms.

Speaker 6 (02:06:39):
That no, the trusty cannot unilaterally change the terms.

Speaker 4 (02:06:42):
So you mean to tell me you have that much
power after death when it is put into a trust,
it is it is a contract.

Speaker 6 (02:06:50):
Pretty much, Yeah, because it was.

Speaker 5 (02:06:51):
So it's kind of like maintaining control after you die.

Speaker 7 (02:06:54):
Yeah, there are limits, of course, but what would be
a limit. Well, for one is you can't violateublic policy.
So you can't say, like you're only going to be
able to use this house if you marry within the
Christian faith.

Speaker 6 (02:07:06):
Okay, we're not.

Speaker 4 (02:07:06):
Doing Okay, you can't dictate that behavior. Can you say
you don't get this unless you have a job.

Speaker 7 (02:07:14):
Yes, I mean again, there's actually a famous example of people,
so somebody set up a trust where they said, we're
going to match your W two in right, right, and thinking, well,
we're motivating this person to work. Well, like as a
business owner, you might not have a W two So
the problem right, So that's where it's like, didn't really
think through that.

Speaker 5 (02:07:33):
Now.

Speaker 4 (02:07:33):
Can you do a trust where you have some specific
specifics in mind.

Speaker 5 (02:07:39):
But you leave it open for change.

Speaker 7 (02:07:42):
Yeah, I mean it has to be something that people
can understood. Just like a contract, it has to be
something that people can understand exactly what we're talking about here.

Speaker 6 (02:07:51):
So sometimes if.

Speaker 7 (02:07:52):
It's too a morphous, the trust he might have to
go to court and get some direction on it because
I don't really know what this means.

Speaker 4 (02:07:58):
Now, the one guy with a son and daughter want so, no,
can you have co trustees?

Speaker 11 (02:08:02):
Yeah?

Speaker 7 (02:08:02):
I mean we usually recommend caution on that just because, Okay,
at least at the very minimum, it's probably an administrative
hassle because now they both have to participate.

Speaker 4 (02:08:10):
But you could have like maybe co trustees with a
tiebreaker of somebody.

Speaker 6 (02:08:14):
Yeah, that's the thing. You need a tiebreaker or you know.

Speaker 7 (02:08:18):
I've had clients say, well, let's make them both trustees.
That'll force them to get along.

Speaker 6 (02:08:21):
It does not. It does not. I mean they might
still not get along. And now what do we do?

Speaker 4 (02:08:25):
Okay, now, in the event of trustees, do you have
survivor do you have a contingency plan for if that
trustee is incapacitated?

Speaker 5 (02:08:36):
Is how many levels do you go down?

Speaker 6 (02:08:37):
I mean I like to go a couple at least.

Speaker 4 (02:08:40):
So the trustee, a substitute for that trustee, and maybe
even a substitute for that one.

Speaker 7 (02:08:44):
Yeah, and maybe some provisions saying Okay, if this position
has ended up vacant, what are we going to? I
mean I had one client whose brother passed away, and
he had like six people named, and he he owned
like twenty LC's all holding these different rental properties. And
all six of those people are like, I'm not dealing
with this.

Speaker 5 (02:09:00):
Seeah, they don't have to do. So if you have
a trustee that doesn't want to do it, what happens?

Speaker 7 (02:09:06):
They just turn it down and eventually you get to
a point where it's like, Okay, this thing does not
have a trustee, want somebody else to trustee.

Speaker 4 (02:09:13):
Now, in my opinion, that would be the death knell
of a trust.

Speaker 7 (02:09:17):
It's not where you want you. I mean, you're trying
to stay out of court. That's why you do a trust.
So if you end up in court, it's probably not great.

Speaker 4 (02:09:22):
And I don't believe public administrators, and you've heard me
say this before.

Speaker 5 (02:09:26):
I think they're the worst scourge that ever happened. I do.

Speaker 4 (02:09:30):
I do dan because they the first thing I believe,
Now look at I'm just giving my opinion. I believe
the first thing they do is look at this a
state and say what's in it for me? I mean,
I don't know what your experience has been.

Speaker 5 (02:09:42):
In general.

Speaker 4 (02:09:43):
They've even made movies about it, and I know we've
talked about it before. Do you don't you believe that's
the worst thing that can happen to an estate?

Speaker 6 (02:09:50):
I mean they're pretty tightly supervised.

Speaker 5 (02:09:51):
But yes, there are supervised. Who supervises? Nobody actually says
give us a quarterly report?

Speaker 1 (02:09:58):
Do they?

Speaker 6 (02:09:59):
I mean they We do have to report to the
court annually.

Speaker 7 (02:10:02):
Well, it depends on which are we talking about, like
a custodianship or are we talking Oh, we're talking about
a trustee of a trustee of a trust for someone's
passed away. So yeah, the state law is you have
to report at least annually to the beneficiaries and then.

Speaker 4 (02:10:17):
The beneficiaries if they get upset, then the beneficiary.

Speaker 5 (02:10:20):
Can beneficiaries remove a trustee.

Speaker 7 (02:10:23):
They can ask the court to do it unless the
trust document says provide them some mechanism to do it.

Speaker 4 (02:10:27):
Do you ever allow for beneficiaries who really write the
trust for to be able to remove a trustee?

Speaker 7 (02:10:35):
Yes, but we when we do that, we always put
tight constraints around who they can appoint, and that's for
their protection if they can disappoint themselves any creditor coming
after them as like you're really in charge of So is.

Speaker 5 (02:10:45):
It accurate to say a trustee or excuse me?

Speaker 4 (02:10:48):
A trust is an entity that survives you but still
carries on your wishes and hopes.

Speaker 6 (02:10:56):
Yes, yep, sure, yeah.

Speaker 4 (02:10:58):
And then the trustee is there to see that it's
carried out correct. And the beneficiaries are the benefits are
the beneficiaries of what you have provided?

Speaker 7 (02:11:08):
Yeah, I mean I analogize it to a company. So
the trustee is the CEO and the beneficiaries of the shareholders.

Speaker 5 (02:11:12):
All right, we got more coming up on the Troubleshooter Show.