The Troubleshooter 4-17-25

Episode Transcript

Speaker 1 (00:00):
Yeah, Rip dum new need advice, so you don't have.

Speaker 2 (00:12):
Come running.

Speaker 3 (00:13):
Just as as as we can, Shooter's gonna help come.

Speaker 4 (00:18):
Man Dix is the Troubleshooter Show. No Tom Martino.

Speaker 5 (00:26):
I'm Tom Martino, and I welcome you to the show.
The number is three oh three Martino twenty four to seven.
You can call that three oh three six two seven
eight four sixty six. That means if you have a problem,
question your complaint, and you just think about it, call
three oh three Martino, leave a message and we'll get
back to you while we're on the air. You can
also call the iHeart Line at three oh three seven

(00:47):
one three talk seven one three eight two five five.
You know today there there is gonna be a bit
of a change of weather. But I like talking about
summer because summer means fun and I want to go
over some fun stuff. I looked into some hobbies and
cost per you know, dollar value, and how expensive hobbies

(01:11):
are and some inexpensive hobbies, and I'd love to talk
about what you do. And if you found a gem
where the cost justifies the fund or the fund justifies
the cost, I should say I'd like to know about it.
We're also going to talk a little bit about you know,

(01:32):
so it would be hobbies and sports or anything you
do in your spare time basically, and I also have
a list. There was actually there was actually a survey
done on hobbies and people were surveyed about their happiness level,
how much they invest and they came up with a

(01:52):
chart of hobbies that have the biggest bang for the buck. Anyway,
let's go to the phones. Three oh three seven. He
talked Danny. He called in before and he talked with Mark. Mark.
Do you recall this one? Is Mark on? I need
a little more info, okay, and you're a little low

(02:13):
for me. I don't know if everyone can hear you.
All right, Danny called in talk to Mark. John Fuller
was the expert. Danny, let me look for your notes. Meanwhile,
I would like you to tell us the original problem
and where it stands today.

Speaker 6 (02:33):
I was in a car wreck. It was deemed my fault, ah,
and I only had twenty five thousand dollars limit liability.
The other party is another party is got an attorney
and they're threatening to sue me, and so I wanted
an attorney.

Speaker 5 (02:52):
Okay, okay, now, so the wait let me let me
get this straight. The other party is threatened to sue
you for pain and suffering.

Speaker 6 (03:02):
I have no idea what they're what they're threatening to
suffer me.

Speaker 7 (03:06):
It's it's being.

Speaker 6 (03:09):
Communicated to me through my State Farm adjuster. And that's
all the information I had.

Speaker 5 (03:18):
Okay, Well, you do understand, you do understand that your
insurance will step in. You're insured, right.

Speaker 6 (03:28):
I'm insured, But the twenty five thousand dollars they're saying
that the twenty five thousand, they're saying they've got medical
bills that's going to surpass the twenty five thousand dollars.
And I know that, I know that my insurance company
will provide me an attorney to fight it if I
have to. I've been told by the adjuster that the

(03:50):
quality of this attorney is not much. I've been told
by other people that the including John John Fuller, that
the quality of their attorneys aren't much.

Speaker 5 (04:04):
Of whose attorneys, of whose attorneys, Danny, pardon the quality
of whose attorneys?

Speaker 6 (04:14):
If State Farm would furnish me an attorney, they say
the quality of their first is not much.

Speaker 5 (04:21):
Okay, Danny, let me explain a few things to you. Okay.
The only time people refuse the insurance limit and go
outside of the limit is when they believe that you
are worth more. That's why I wish tell people to
ensure themselves for what they're worth, because I'm going to

(04:45):
give you an example. If if I had a twenty
five thousand dollars policy and somebody I hit somebody and
hurt them, they would never take it because they would
assume that I had more than that. Do you have?
How much you worth? Danny? I'm just gonna ask you
straight up.

Speaker 6 (05:02):
I've got assets. I'm I'm made you one and I'm retired,
and I got a lifetime of assets.

Speaker 7 (05:09):
That okay.

Speaker 5 (05:11):
But to Danny, Danny, they're just to have.

Speaker 6 (05:17):
Pardon?

Speaker 5 (05:19):
What do you have?

Speaker 8 (05:23):
What do you mean?

Speaker 7 (05:23):
What do I have? I have a house, I have.

Speaker 5 (05:25):
In assets, in assets? Do you have is your okay?
Is your house paid off?

Speaker 7 (05:31):
Yes?

Speaker 5 (05:31):
Over a million? Danny? What the why were you only
ensuring for twenty five dollars when you have a million
dollars in assets?

Speaker 6 (05:40):
Because I was really stupid, I didn't I didn't even
dawn on me.

Speaker 5 (05:44):
Now, Danny, okay, I want to know this. Tell me
about the accident.

Speaker 6 (05:55):
Oh, I got stuck. I don't. I don't believe it.

Speaker 7 (06:00):
But anyway, I.

Speaker 6 (06:01):
Ran, I ran a red light and was hit by
an oncoming car.

Speaker 5 (06:07):
And uh, and you don't believe you ran a red light?

Speaker 6 (06:12):
No, I don't. That that's debatable.

Speaker 7 (06:15):
But I got the ticket.

Speaker 6 (06:17):
I went to court and and they knocked it down
to defective vehicle. So I have not pay to guilty
to running the red light. I've paid the guilty to
defect your vehicle. But that's probably neither here now.

Speaker 5 (06:29):
Okay, Yeah, they're going to prove that you ran the
red light with traffic cams.

Speaker 6 (06:36):
I can't beat that one. But I've got I've got
this this Affidavid. They want me to fill out and
I haven't filled out. And that's what I want to
talk to an attorney about.

Speaker 5 (06:46):
All Right, Danny will talk to you, but I'm gonna
I'm gonna give you some really bad news, really really
bad news. If you ran a red light and caused
injury and they smell blood in the water, they're going
to sue you for everything you're worth. Do you know
one accident? Tell me how tell me about the injuries?

(07:08):
How many other people in the in the other party, how.

Speaker 6 (07:11):
Many there was there was just one other person. We're
going about thirty miles an hour.

Speaker 5 (07:17):
And I get a hould. But tell me about the
other person's tell me about the other person's injuries.

Speaker 6 (07:23):
I don't know. I don't know.

Speaker 9 (07:28):
A damn it.

Speaker 6 (07:28):
All I know black and white is with this. My
state farm insurance adjuster is telling me. And basically, initially
he said that she had racked up sixteen thousand dollars
in medical bills, and then then he says she's got
twenty two thousand dollars in medical bills. I don't know anything.

Speaker 7 (07:47):
Nobody is.

Speaker 6 (07:48):
I've got no information whatsoever. My insurance adjuster is supposed
to be handling like a middle man, and to me,
it was like he was on their side.

Speaker 5 (07:59):
So well, well for let me tell you why, okay,
Because they don't care beyond twenty five thousand dollars. They
don't care if your sued for your personal assets, you're
the one that was underinsured. They don't care. All they
know is they risk twenty five thousand dollars. They're going
to offer them twenty five thousand dollars. Those people are

(08:21):
going to take that twenty five and they're gonna go
after you, or they're going to refuse the twenty five
and go after you. But if you're eighty one years
old and you have more than a million dollars in assets,
the attorneys will never stop never. I'm telling you, Danny,
I'm telling you what to get ready for now. You
do need an attorney to represent you, you really do,

(08:42):
and I don't know where you're gonna find one because
the attorneys aren't going to work on a contingency. So
you're going to have to pay for an attorney. And
I'm going to tell you a retainer on a case
like this is going to be about ten grand upfront.

Speaker 6 (08:57):
I understand that, Tom.

Speaker 2 (09:00):
What do you think if Danny calls John Fulad to
get a referral to a defense attorney, what did he say?

Speaker 10 (09:12):
He gave me this Rick Train's number.

Speaker 6 (09:14):
And I've called this guy a many, many many times
and I don't even get a phone answer, like like
like like it's nobody's on the other end of the line.

Speaker 5 (09:25):
Let's try to get more. And I would say, I
would say that's a red flag.

Speaker 6 (09:29):
I would yeah, Well, I mean just called nobody only
even answered the phone. And so I went online to
make sure that I had the right phone number, and
it's this guy's right phone number, but he won't answer.

Speaker 5 (09:42):
Well, then you need someone else.

Speaker 11 (09:45):
That's why I'm.

Speaker 6 (09:47):
One of my insurance people.

Speaker 5 (09:48):
Tell me about the Affidavid, tell me, hold on a second.
I got to take a break. Hold on a second.
I got to take a break. And I want to
come back and talk to you about that affidavit. And
and Brian, stay on the line. I'm interested to hear
what your family does for fun. We have more coming
up on the Troubleshooter showwaterpros dot net the best water systems,

(10:09):
the lowest prices, and I'm telling you the best for
for thirty one, for thirty nine ninety five under four grand.
You get reverse osmosis drinking water. You get rid of chemicals,
heavy metals, you get rid of plastics, you get rid
of chlorine. You have softened, wonderful purified water. Waterpros dot
Net three O three eight six y two five five
five four. Listen, don't bother eating right if you're gonna

(10:30):
drink crap water. Water's the number one thing we consume
three oh three eight six y two five five five four,
Never cheaper, never better, go with a sure thing. Denver's
Best roofer Excel roofing dot com. You don't pay a
cent until you're content. Time for an insurance check up free,

(10:53):
no obligation. In comparison, call Compass Insurance. Pay too much
your coverage at dozens of insurance companies find out now
three oh three seven to seven to one help. You'll
think you're his only customer when you choose Frank durand
the real estate Man dot com to list your home
with Remax Alliance three oh three nine two zero sixteen
twenty two. Hi, I'm Tom Martinez. You a troubleshooter. Listen.

(11:19):
We have a classic case on the line right now
of Danny who was under insured. He had liability insurance
for twenty five thousand dollars, yet he has more than
a million dollars in assets. Well, what the hell do
you think is going to happen when you hit someone?
You think they're going to settle for twenty five grand
when they look at you and know that you had
a paid off home and all the other stuff. Now,

(11:41):
a certain amount of your equity is going to be
safe in your home, but that's it. Everything else is
up for grabs. So you're in a very dangerous situation,
and I almost think what you need is a criminal
defense attorney, because running a red light's a crime. They're
going to claim the crime crime caused the damage. But Danny,

(12:05):
I'm going to tell you something, and I really mean it.
Unless you can prove, absolutely prove that you did not
run a red light and it was the other party's fault,
you're going to end up paying a lot of money.
I hate telling you that, but the handwriting's on the wall.
I mean, they've already done a search on you and

(12:27):
probably found everything you have. I hate to tell you this, bro,
but you and right now, if you try moving assets
or transferring assets, you'll go to jail because it'll be
that'll be fraud. Because now you know you're in danger
of a judgment. They put you on notice you can't

(12:48):
move your assets. So, Danny, what exactly did they send you?
Did they send you a lawsuit, a summons to a
or what? How do you know you're being sued?

Speaker 6 (13:02):
I got I got a it's an appidavit. I'm gonna call.
There's there's two of them. One of them. One of
the appidavits is that I signed that I have no
other no other insurance policy, okay, and then then the
the one the Appidavid, it's Scott, it's Scott. I think

(13:24):
there's eleven. They call them questions and they're not questions
that they're paragraphs and I.

Speaker 5 (13:30):
And they're interrogatories. They're they're called interrogatories.

Speaker 7 (13:35):
Okay.

Speaker 6 (13:35):
I under checked whether whether they're uh uh, they're true
or false. And and there's so many sentences in these paragraphs.
Some of it could be true, some of it could
be false. And so I haven't sent anything. I've got
it here, I can maybe I can.

Speaker 7 (13:53):
Email it to you.

Speaker 6 (13:54):
See you can look at it though.

Speaker 5 (13:55):
Yes you can, well you yes you can. Why don't
we Why don't we postpone this till we can get
an attorney on any kind of defense attorney for you
and Danny. I want you to email that to me
as well so I can see it. I want to
look at the true and false statements. So you have
not consulted any attorneys yet, right.

Speaker 6 (14:14):
I've been trying. I called John Fuller, and then I John.

Speaker 5 (14:18):
Fuller does not John Fuller goes after people like you.
He doesn't defend people, okay, that his practice is going
after people who are liable and who are worth a
lot of money or who have a lot of insurance. Okay,
that's what John Fuller does. He's not going to defend someone.
It's counter to his practice and the guy that he recommended.

(14:41):
If the guy didn't answer the phone, then that would
be my first indication. If I can't get the phone answered,
I'm not going with the law practice. So we're going
to try to find someone and get some opinions. I'm
Tom Martine three ZHO three seven one three talks seven
one three A two five five. Danny, you are a
poster child for under insurance and how dangerous it can

(15:02):
be people who think they're saving money monthly by having
low liability. It might make you feel good, okay, but
truly you're going to end up in very big trouble
with even a minor accident, because they're going to look
at you and say, wait a minute. This guy has
a house, he has a boat, he has a lot
of money in the bank, he has stocks and bonds,

(15:24):
and he wants me to settle for twenty five grand. Haha.
Just a discussion with your attorney's going to get him
fifty I'm telling you, it's all bad, all bad. Brian,
I asked about hobbies and fun and value. What tell
me what you have to say about that.

Speaker 12 (15:46):
Well, whenever I have an opportunity with clear skies and
good weather, my grandson and I who's five years old,
we build estes rockets together, paint them, we send them,
glow them all that good stuff, paint them up, and
then we go down to a really sizeable part and
we launch rockets. Well, I get a okay, and I

(16:11):
usually get like a crowd of kids looking because they're like, oh,
model rockets, this is great. Well did I give you now?

Speaker 5 (16:18):
Do they come back down? Do they come back down
on a parachute?

Speaker 4 (16:24):
Works to keep you?

Speaker 5 (16:25):
Yes? How big are these rockets? I've seen some of
them that are pretty big. How big are yours?

Speaker 7 (16:30):
Well?

Speaker 12 (16:31):
These are the mild ones, or maybe I haven't. I
don't have the four foot one yet or the five
foot one which is the green, or the meani. But
I do have one that stands about two and a
half feet tall.

Speaker 10 (16:44):
But and they travel about anywhere from one.

Speaker 12 (16:46):
Thousand to eighteen hundred feet. Goes up quite a ways.
But the funny thing is all the kids that come
around to watch.

Speaker 10 (16:53):
I make it a competition.

Speaker 12 (16:55):
I tell them. Anybody who can catch a rocket.

Speaker 10 (16:58):
Before it hits the ground, I'll give them five bucks.

Speaker 5 (17:01):
And commercial farms co oh wow, that's fun. That's fun.

Speaker 10 (17:05):
Turn you know, I don't have to run after it.

Speaker 12 (17:07):
I get these kids to go run after it, and
whoever comes back with the rocket in their hand, I
give them a five dollars.

Speaker 5 (17:13):
Does it ever get carried away to where you can't
retrieve it?

Speaker 7 (17:18):
Yes, I've had.

Speaker 12 (17:20):
I've lost several rockets, and a lot of times the
trajectory I actually pointed in a certain area where I
know the airflow is going, and I'm pretty.

Speaker 10 (17:29):
Good about, you know, getting it close to the.

Speaker 12 (17:31):
Launch pad, but I have lost a few when when
it hit turbulence up in the air.

Speaker 5 (17:36):
Now, i'd like to ask you, in general, what does
it cost for an average two foot rocket two foot rocket?

Speaker 12 (17:43):
Anywhere from twenty bucks to thirty five.

Speaker 5 (17:47):
That's it. That includes fuel.

Speaker 10 (17:50):
No, the motors are the engines, which.

Speaker 12 (17:52):
Are solid rocket propulsion. They're really small and they range.
You get a two pack with with uh with actually
the stopper for the fuse, and that usually runs about
three bucks a pack.

Speaker 5 (18:07):
Well that's not bad. So we're talking to launch your
rocket a two foot rocket with the rocket and the
fuel is about forty bucks.

Speaker 12 (18:16):
Yeah, well, and you got to get the launch pad
and the and the actual mechanism that the or the
launch controller.

Speaker 6 (18:23):
I've got a I got how much then?

Speaker 5 (18:24):
How much would all that set up be?

Speaker 12 (18:27):
We call that a couple hundred bucks overall, because I
got the professional one, which is actually allows you to
do two rockets at a time.

Speaker 10 (18:36):
I also, yeah, I mean it's it could get you
can go far into it.

Speaker 12 (18:40):
The next next step up, I'm gonna.

Speaker 10 (18:42):
Try to build a twenty foot rocket and get.

Speaker 12 (18:44):
Out into the planes and shoot it up through the
Wait a.

Speaker 5 (18:46):
Minute, Wait a minute, are we allowed to build? At
what point do we become elon musk or we become
like uh uh uh, like how big can we make
the damn things?

Speaker 12 (18:57):
You can get approval. You have to get flight You
gotta basically, like a pilot does you have to, I guess,
file a flight plan about when you're gonna do it,
how high it's gonna supposedly go, and all that, and
they'll give you an approval time when you can do it.
But it's all you got to get approval through the FAA.

Speaker 5 (19:17):
Okay, you get approval through the FAA. But where do
you launch from? Do you have to get approval for that? Yeah?

Speaker 12 (19:23):
Usually, I've been looking into it. You can if you
if you're friends with a farmer or something that's that's adequate.

Speaker 5 (19:30):
So are you telling me that is what's the limit?
Twenty foot? Are there any limits? Or can I just
build a fricking rocket and get in it?

Speaker 12 (19:38):
Well, my grandson wants me to build one for him
and me both to get a shot into the into
space with it. So you know, I really don't know this.
The size limit, I would assume it probably shuts down
right around probably right at ten f because how much.

Speaker 5 (19:53):
Is the twenty foot rocket gonna cost?

Speaker 12 (19:56):
Uh, we're looking at about five to ten grand overall.

Speaker 5 (20:00):
Wow.

Speaker 12 (20:01):
And then the fuel system exactly, And it uses a
whole different technology for fuel. It's not your normal solid propulsion.
It can be liquefied. It's if you watch it on
YouTube called Dude Perfect. They actually have three launch competitions
and they do the big ones. They got thirty footers

(20:22):
and they go, hi, wow.

Speaker 5 (20:24):
I never dreamed I get rocket launching as one as
one of the nominations. I never dreamed I would get
that thank you very much for calling. You appreciate that.
Brian three oh three, seven to one three talk. Did
you know what we were gonna say? Some bow.

Speaker 13 (20:38):
I'm just gonna ask Brian if you could put a
small camera in these rockets.

Speaker 5 (20:42):
Of course you do.

Speaker 14 (20:43):
Oh yeah, personally they do that.

Speaker 5 (20:45):
They do it all the time.

Speaker 2 (20:46):
And by the way, Est is a Colorado company. I
don't know if you know that they're they're headquartered in Penrose.
The Rocket Yeah, that's this rocket company.

Speaker 5 (20:53):
Now listen in this In this uh survey of hobbies,
what do you think the number one reason people have hobbies?
The number one reason. Eighty one percent of the people
responded to this answer why they have a hobby? Why?
Why would you have a hobby? Both you like shooting, right.

Speaker 13 (21:15):
I like shooting and collecting World War two items, and
I like it gives me something to do when I'm retired.

Speaker 5 (21:20):
Okay, Number one stress relief. Stress relief.

Speaker 2 (21:27):
But that makes total sense because you're away from home
and work, which.

Speaker 5 (21:32):
Is doing something voluntary that you want.

Speaker 2 (21:34):
To do that you can do, so it totally makes sense.
It clears my mind, and home and worker the only source.

Speaker 5 (21:41):
Of what clears your mind. By the way.

Speaker 2 (21:43):
Oh you know in the summer, I do a lot
of four wheeling, Yeah, you love for within year round,
I engage in photography and so that's uh in target
shooting and so all three of those just really clear
my mind like a game of chesswood.

Speaker 5 (21:57):
It's amazing. Eighty one percent say the number one reason
for a hobby is stress relief. I want to hear
about your hobby and pastime as well. And if you
have any problems, questioning complaints, I want to hear from
that too. Three oh three seven to one three talks
seven one three eight two five five. Frank Durand the
real estate man right now offering free market valuations of
your home. So he'll tell you what your house will

(22:17):
sell for based on the current market, the supplying demand,
the comps. It's a real, true evaluation and it's free
of charge. So before you even think about listening, you
might want to call Frank Durand the reestateman dot com
three oh three nine two zero sixteen twenty two go
with a sure thing Denver's best roofer Excel Roofing dot com.
You don't pay a cent until you're content. Time for

(22:42):
an insurance check up free no obligation. In comparison, call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out Now three 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. In addition to your problems,

(23:07):
questions and complaints, I want to know what you do
for a pastime. How much does it cost? Is it
a good dollar value or do you not care because
you love it so much? What is your passion?

Speaker 15 (23:21):
Hey, Tom, I have a great hobby.

Speaker 5 (23:22):
Now what do you have? Doc?

Speaker 15 (23:25):
I played poker and my hobby pays for.

Speaker 5 (23:28):
Itself, you know what. I got a text about that
just now and said that they play cards. I don't
know if they play poker, but you know, I know
a lot of people who do poker, and they do
it for money, and it's a pastime. You get socialization

(23:50):
with your buddies, you got refreshments. You know, it's it's
uh and you got you got money you can make
and if you do lose, you're probably you know, you
limit it right, it's not like hardcore right?

Speaker 8 (24:04):
No?

Speaker 5 (24:04):
Absolutely, do you do tournament style when you guys play,
or do you do by hand?

Speaker 7 (24:09):
No?

Speaker 9 (24:10):
I do cash games. There's you know, tournament play is
very different than just playing regular poker, Like everybody's used
to number one.

Speaker 16 (24:19):
If you're winning and you have to leave, you lose.

Speaker 15 (24:22):
All your money. Or if you're playing in a regular
poker game, if you have to leave, you just get
up and leave with whatever you have. So I used
to do a lot of Are.

Speaker 5 (24:32):
There any rules? I want to know this because I
hear a lot of people get pissed off. Are there
any rules as to how long you have to stay
if you're paying, if you're like on a Saturday you're
playing with your buds, or Wednesday evening or however you
do it.

Speaker 15 (24:46):
Usually if there's a home you can make.

Speaker 5 (24:47):
You win a crapload of money and want to leave,
What do the guys think, Well, you.

Speaker 9 (24:51):
Just won't get invited back if you're in a casino.
So if you're in a casino, you could play one
hand and get.

Speaker 14 (24:58):
Up and leave.

Speaker 15 (24:58):
Nobody says anything.

Speaker 9 (25:00):
But when you're playing in a social game, regardless of
the stakes, if you you usually have to commit to
a certain amount of time unless you're losing.

Speaker 7 (25:09):
This.

Speaker 5 (25:09):
So if you guys say, hey, we're gonna be playing
till eight o'clock, then you want them to stay at
least through eight o'clock.

Speaker 9 (25:15):
Unless they say ahead of time, look, I have to
leave at seven point thirty. So if people announce when
they're gonna leave and they do that, nobody cares because
they could be winning or losing. What people get upset
about get you is if you don't say when you're
gonna leave, and then you win a big hand or
you're up a lot of money and then get up
and leave, you won't get invited back.

Speaker 5 (25:38):
By the way, you guys can text me at seven
four seven, Thank you, Doc. You can text me your
hobbies too, seven four seven nine fifty eighty. That's my
private text number. So you can text me there about
the show about Wave eight wealth management, or you can
text me right now on the topic what do you

(25:58):
do for a pastime? What do you love doing? What
is your passion? Now? Pastimes are not all sports and
they're not all hobbies. They're just different mixtures of things.
Some people. One guy says, Tom, I actually enjoy my
job and it is. I love it, and when I'm relaxing,
I like doing it. This person happens to be an accountant.

(26:22):
They enjoy it. I mean, that's really good when you
can enjoy what you do as a living. Now, obviously
I just wouldn't have the physical strength to do radio
twenty four hours obviously, you know, or all the time.
But radio's fun for me now is major mark major there,
because I know they have a lot of pastimes they

(26:44):
do from time to time, and one of them, of course,
is their motor home. I used to have a motor home.
I loved motor homing. Part of the joy was the
drive to different places and seeing the country, and then
when you get there, you got your home with you.
There's really nothing like It's so wonderful. I often joked

(27:06):
that motor homing was like RV's meant real vacation because
you make your own schedules, you make your own you know,
you chart your own course, you do what you want.
So whatever it is that you do, I'd like to
hear about it. One guy says here he enjoys gardening. Now,

(27:27):
gardening is never something that turned me on, but a
lot of people love gardening. They really do. But I
want to ask you about one activity and I'm serious
about it, and I actually looked it up and they
said it might be an illness, not a pastime. I'm serious. Now,

(27:47):
remind me about that. An illness not a pastime. John,
what do you have a question on, John, I'll tell
you what we're gonna do. We're gonna put John on

(28:08):
hold Kaschina. You're gonna talk to John and you're gonna
find out if he's ready to talk right after the break.
I'm Tom Martino three oh three, seven to one three
talk fix It twenty four to seven. They will do
your air conditioner with a deep, deep clean and check
and they will get it ready for the heating season
for just thirty nine bucks if you haven't had it

(28:30):
done yet. It's a practical refurbishment of the system for
just thirty nine bucks. Fix my home dot com go
with a sure thing Denver's Best roofer Excel Roofing dot com.
You don't pay a cent until you're content. Time for
an insurance check up free, no obligation. In comparison, call

(28:51):
Compass insurance paying too much your coverage at dozens of
insurance companies. Find out now three oh three, seven to
seven to one. Help you'll think you're his only customer
when you choose Frank durand the real estate man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martine,

(29:12):
you're a troubleshooter. We were talking about hobbies, pastimes, passions.
What do you have? And I'm gonna go back to
John on an eviction here, but I want to ask Mark. Mark.
Someone asked something. They said, they know you go to
Vegas a lot. In your last trip to Vegas? Was
it slower than usual? Are you noticing a downturn in Vegas? Yeah,

(29:33):
it was a little slower. Why do you think this
person said that they've noticed it lately that there aren't
as many people going to Vegas. Why do you think?

Speaker 17 (29:44):
I really don't know. But the airport wasn't that busy.
Denver wasn't either, And we left on a Friday. Generally
Denver when the ski stuff still open, it's a lot busier.
But Denver wasn't busy. Vegas wasn't busy.

Speaker 15 (29:58):
Hey, Mark, do you think that was of two factors?

Speaker 9 (30:01):
One there's you know, sports betting by phone, so you
don't have to go to Vegas to go to the
sports book and the rise of more casinos and gambling
and you know in other states like.

Speaker 17 (30:17):
Well, Doc, I just don't have an answer for that.
I don't know the answer.

Speaker 15 (30:23):
Well, I'll tell you I don't.

Speaker 9 (30:24):
Guys so that I played poker with that don't go
to Vegas anymore because they can play poker in Central
City and Black.

Speaker 17 (30:31):
Most most of the casinos I go to, I mean
they got rid of poker rooms like thirty years ago.
Where what well, pretty much any station pretty much.

Speaker 14 (30:42):
Uh.

Speaker 17 (30:43):
The only place I can think of that I go
occasionally Belagio. I don't even think Bolagio's got a poker
room anymore.

Speaker 5 (30:50):
I mean they might.

Speaker 17 (30:51):
They all have poker rooms they Okay, Doc, I guess
I'm crazy because where I just stayed didn't. The Cosmopolitan doesn't.
Most of the places we go to do not have
poker rooms.

Speaker 5 (31:03):
In this corner we have major market Ica, there's a
brand new property, no poker room.

Speaker 17 (31:09):
Durango, brand new property, no poker brand rocks.

Speaker 9 (31:13):
That may be one of the reasons why, uh, you know,
tourism is down.

Speaker 5 (31:18):
Because a poker room. Okay, to this mark. One guy
said he enjoys picking up trash literally in the public.
But I'm going to tell you about one that I
discovered I went to I even went to my boyfriend
to ask about it because it was Was it a hobby,

(31:40):
was it a pastime? Was it a passion? I am
told it is a mental illness, and I'm going to
be telling you about that right now. I want to
go to the phone, though, John, what about an eviction?
What's going on?

Speaker 7 (31:52):
Hey?

Speaker 12 (31:52):
Tom?

Speaker 18 (31:53):
Hey, So I got a friend that's trying to invict
his twenty five year old son.

Speaker 5 (31:57):
Out of his house.

Speaker 18 (31:58):
What's the process?

Speaker 5 (32:01):
Okay, I got to ask you. Your friend has a
twenty five year old son. Do they have any kind
of an agreement? Does the son pay anything?

Speaker 7 (32:12):
No agreement? No, no agreement, no nothing, Nope.

Speaker 5 (32:17):
Now I'm going to give you an off the cuff answer.
And I'm serious. If I had a deadbeat son in
my house and I wanted him out, I'd kick his
ass out and lock him out. I changed the locks.
I mean, are you telling me this son is saying
I have rights?

Speaker 18 (32:31):
You know, he's well hip on the uh he needs
to be evicted or if he has Yeah, he knows
he has to be evicted.

Speaker 12 (32:38):
He's been here.

Speaker 5 (32:38):
Okay, I don't know if he has to be evicted.
But this is really a good one for Brad O'Brien
and John. This is a really good topic because I've
actually never addressed it before, so that means it's new area.
And by the way, I'm serious, we have now Mark.
Didn't we have that one woman in the springs or
some remember the one man that's always to be taken

(33:00):
advantage of by her son and grandson? Did we have
a question on eviction where the kid was saying, you
can't get rid of me. I don't know, Mark, I
don't remember. You know who I'm talking about, right, you know,
we got talking and the grandson got on the line. Yeah,
the grandson got on the line and said, you can't

(33:20):
evict me. You know, you better shut up? And oh
he was just a frickin' ough. Now listen, I'm gonna
ask Brad O'Brien, honest to god, if you have a
twenty five year old son, how long has the son
been living there?

Speaker 7 (33:34):
Pretty much his whole life?

Speaker 5 (33:37):
Okay, So if you have a kid that's been living
with you, your child, they turn eighteen nineteen twenty twenty one,
twenty two. Does he pay anything at all? Is there
any kind of a rental arrangement? He doesn't pay any
And then he said, he, you know.

Speaker 18 (33:53):
I know there's no contract for sure, he doesn't have
like a you know, at least he may pay some,
but I don't think he does.

Speaker 7 (34:00):
So I don't think he does.

Speaker 18 (34:00):
But I know for sure one outside there's no rental
agreement or nothing between them.

Speaker 10 (34:06):
Just okay, So.

Speaker 5 (34:09):
What I need to know is did he ask him
to leave? Go with a sure thing Denver's Best roofer
Excel Roofing dot com. You don't pay a cent until
you're content. Time for an insurance check up free, no
obligation comparison call Compass Insurance. Pay too much your coverage

(34:30):
at dozens of insurance companies find out now three oh
three seven to seven to one help. You'll think you're
his only customer when you choose Frank durand the real
estate Man dot com to list your home with Remax
Alliance three oh three nine two zero sixteen twenty two.

Speaker 14 (34:44):
Yeah, ripped.

Speaker 7 (34:51):
News.

Speaker 8 (34:54):
You don't have to.

Speaker 4 (34:57):
Anxious cam.

Speaker 3 (35:00):
No shooter's gonna help.

Speaker 11 (35:02):
Come man, This is.

Speaker 4 (35:04):
The Troubleshooter show, No Tom Martino, Hi.

Speaker 5 (35:11):
Tom Martino Your Troubleshooter three all three seven to one
three talk seven one three eight two five five. You know,
I've seen movies. I've had friends, neighbors failure to launch
kids once in a while, kids who just stay home,
they don't do much, kind of deadbeats. You want to

(35:34):
you want to get them off their butts. You want
them to go to work, you want them to do something. Hey,
why don't you chip in around here? Do some chores?
They say, leave me alone. You're always bugging me. Okay,
parent kid thing, right, parent kid thing. So you say,
one day, hey, Johnny, get your ass off the couch
and get out of here, pack up and leave. I

(35:56):
don't want you around anymore. Now, this is a kid,
this is your son daughter, and he's twenty five and
he's not working or at a kid four and she's
what's that mark? Where do you define a kid? You
just lost me in that well. I'm talking as an offspring.

(36:19):
I'm talking off spring. Okay. You know obviously they're not
kids anymore. Right, So you want them out, your deadbeat?
Get out? The kid says, yeah, right, you got to
evict me. Well, I'll tell you what I would do
I had a victim on their ass. I don't know,
but would I be in trouble. Brad O'Brien is our
real estate expert. He's not going to give it off

(36:41):
the cuff answer. He's not going to give a seat
at the pants answer. He's going to look at it
from a legal perspective. So, Brad, is this kid right
when he tells his dad you can't get rid of
me without an eviction?

Speaker 19 (36:53):
That's right? The son who's an adult over eighteen, eighteen
or more is has tenant protection and he's entitled to
do process.

Speaker 5 (37:03):
You know, if he's not, even if there's nothing in writing,
even if they have no arrangement in writing, nothing he
never paid a dime.

Speaker 19 (37:12):
You don't need to have a written lease to have
a tendency. So it sounds like he has a tenancy
at will. If there's never been a lease, he's never
been responsible to pay rent. He's got a tendency at will. Okay,
permitable pretty easily on a three day noticed the terminate tendency.
So you're getting this three days.

Speaker 5 (37:28):
Okay, So explain this then, a tendancy? What did you
call it, what kind of tendency?

Speaker 19 (37:33):
A tendency at will? It's not a month to month tenancy, okay,
a year to year tendency, tendency at will, which is
terminable really quick.

Speaker 5 (37:40):
So how do I terminate? How do I terminate a
tendancy at will?

Speaker 19 (37:47):
Oh, there's actually a court form out there. It's available
on the court website called notice the Terminate Tendency Form,
and you check the box for is this a tendency
at will? Yes, that's a three day notice. So you
fill out this form, sign it if you're the lad
lord or can ever being an attorney to it and
give it to them, and then three days later they're
supposed to get out. If they're not out at the

(38:07):
end of the three days, then on day four the
parents can file a court complaint for eviction.

Speaker 5 (38:13):
Now, can the father at the end of the three
days just remove his stuff?

Speaker 19 (38:19):
No, that's self help and that's illegal. Self help will
always get a upper unit or landlord in trouble.

Speaker 5 (38:28):
Okay. So then once they go to the court and
the court says, now you have an order to evict, right, well.

Speaker 6 (38:39):
You file a complaint for eviction.

Speaker 19 (38:41):
That takes about a month or so to run his course,
and then it ends up with a judgment for possession,
and then ten days after that judgment for possession issues,
then you can go to the court clerk and get
what's called a writ of restitution. That's the piece of
paper you take to the sheriff's office, and then the
sheriff's schedules the actual physical eviction that they conduct. Atlantic

(39:04):
not a title to like do their own addiction, change
the locks or give them the boot.

Speaker 5 (39:10):
No, No, I know you're you're a big you know,
you're a big b advocate of course, doing things legally,
and you advise people all the time, and self help
is scorned upon by the courts.

Speaker 19 (39:19):
Right, I'm sure it happens all the time. Parents given
the boot, you know, no legal process.

Speaker 5 (39:25):
But let me ask you something. Let me ask you something.
If this dad just kicked him in the ass out
the door and change the locks, what would happen? Actually,
if this kid goes and complains, what would happen? I mean,
I mean, wouldn't you have to file a court case
against his dad or something? Or how would that work?

Speaker 19 (39:45):
File a court complaints or wrongful eviction and you might
get some damages which might be in the equivalent to
alternative housing costs.

Speaker 5 (39:58):
Okay, have you ever had weird evictions like this where
you had to evict a child?

Speaker 7 (40:04):
Yes?

Speaker 5 (40:05):
Or you know, an offspring?

Speaker 7 (40:07):
Yes?

Speaker 6 (40:07):
Children?

Speaker 19 (40:08):
Sure, other Brad.

Speaker 5 (40:10):
We have another question that just came up. By the way, John,
don't go away yet, Keith, you have a question. Go ahead, Keith.

Speaker 6 (40:18):
Hey, Tom, with the new law that says you have
to you can only evict with cause, how can there's
if they don't have a lease, where what's.

Speaker 5 (40:26):
The cause you can evict them on?

Speaker 7 (40:28):
It seems like this kid is.

Speaker 5 (40:29):
So Brad does just cause? That's a good question. Brad,
does just cause excuse me apply to tendancy at will?

Speaker 7 (40:42):
Yes?

Speaker 6 (40:42):
It does.

Speaker 19 (40:43):
But but okay, the just cause gantute applies when a
tenant has been there for a year. Then you then
the landlord has to have a good reason, like they
want to sell or move back in, in order to not
renew them. Now I understood in this case that the
parents live in the same house.

Speaker 5 (40:57):
Right, Yeah, okay, that a just cost doesn't go there.

Speaker 19 (41:03):
That is an exemption from the just cost statue. If
if a single family home or a dupe duplex or
a triplex and the landlord lives in the same property,
then that just cost statue.

Speaker 7 (41:13):
Does not apply.

Speaker 19 (41:15):
But they don't have to give a ninety day notice.
Then the normal three day notice on a notice determined
tendency will apply.

Speaker 5 (41:23):
Okay. Now we have a question from the peanut gallery
over here, Deputy Boat, go ahead, Brian.

Speaker 13 (41:30):
I'm a landlord and I was told just recently this
UH notice to vacate has been escalated or updated from
a three day to a ten day Can you use
a three day notice?

Speaker 19 (41:44):
That that's something different. The ten day notice came about
over five years ago, and that's for non payment of rent.
When you give a notice that they have to pay
rent or get out, that used to be called a
notice of notice to comply.

Speaker 12 (42:01):
I forget the name, but anyway, it used to be a.

Speaker 10 (42:03):
Three day notice.

Speaker 19 (42:05):
It was a bumped up to atten day on. But
that's different. Here you can tendant terminating at tendency and
will has nothing to do with payment of rent.

Speaker 11 (42:14):
It's a separate deal.

Speaker 5 (42:15):
Okay, okay, in a three days valid yeah, three day on,
that one's valid. Okay. So we have a comment from
Vicky Brad. We really appreciate your time. Brad, O'brienolslaw dot
Com seventy zero three seven zero seventy three eighty eight. Vicky,
what is your comment or question?

Speaker 8 (42:36):
I have a nephew who's disabled. He was in a
car accident. He has his so his address has always
been at his parents' house. He didn't always live there,
but that was always his address. So after he had
this accident, he was hit by a car and he

(43:01):
went back to his parents' house once he got out
of the hospital. He had three operations when he was there.

Speaker 10 (43:08):
And he has the epilepsy, and his.

Speaker 8 (43:11):
Father will not let him stay at the house. And
he is disabled. He's not supposed to work, he's not
supposed to drive. He can't even take the bus because
of his epilepsy.

Speaker 5 (43:27):
Does okay? Well, I want to ask a few questions, Vicky. Vicky. First,
let's ask some questions. How old is the nephew.

Speaker 10 (43:37):
He is fifty years old.

Speaker 5 (43:40):
And was he living there before the accident?

Speaker 8 (43:46):
No, he had his own place.

Speaker 5 (43:50):
Then he gets into an accident, becomes disabled and needs
to go somewhere, And you want to know does he
have any legal standing to make his biology logical? Father
and mother take him in.

Speaker 8 (44:04):
Right, It's just his father, his mother died two years ago.
He's a PLI for Social Security. He's applied for Social
Security three times and it's never come through so that
he could buy his own place to live. And his
father is very mean to him. Like last summer he

(44:25):
let him stay there for him to do all the
yard work, and then when winter came along, he wouldn't
let him stay there.

Speaker 12 (44:32):
He literally spent the winter on the street.

Speaker 8 (44:35):
And he is disable, Okay, and I don't know how
to about.

Speaker 5 (44:39):
Them, Brad O'Brien. Well, well, sure, and my gut feeling
is he doesn't have a standing a leg to stand on,
and that's no pun intended. But let's talk about this,
Brad O'Brien. If an adult male child or offspring of
another person wants to live with him because he's disabled,
does he have any way of finagling himself into his

(45:03):
parents' home.

Speaker 19 (45:04):
Well, people with disability, you certainly do have fair housing
rights to not be discriminated against. So a landlord can't
pick an aple body person as a tenant versus UH
qualified disabled person. But this is uh, this is a
little bit different. This is talking about UH eviction and
there's really nothing in the eviction statutes that gives leniency.

Speaker 5 (45:26):
First, well, no, he wasn't even evicted. He never he
never actually lived there. He was in an accident and
now wants to live there. The dad says, no, Now
is he there? Now? Did he let him in for
even a few days, VICKI, Or did he refuse to
let him come at all?

Speaker 8 (45:42):
Well, he left him come once in a while last summer.
He lived there all summer and then he woke up
in the morning and his father accused him of poisoning
his coffee, and he had a gun atake, and so
my nephew, Vicky.

Speaker 5 (46:04):
So that's when this nephew would have had his most rights,
is when he was living there, and and then he
could have demanded that he go through the eviction process.
But but remember this, when we say people need to
go through the eviction process, that doesn't mean they get
to stay. It means that they are going to be

(46:25):
evicted unless there is something that denies the event, you know,
you know, so, so it would just prolong it a little.
So may I ask something, VICKI, was your what was
your sister married to this guy? Is that the sister
in law or nephew thing?

Speaker 12 (46:43):
No, it's my brother.

Speaker 5 (46:46):
Oh oh, oh, okay, so you're talking about your own
brother here. Have you been able to talk to your
brother saying give the guy a break?

Speaker 12 (46:55):
Yeah, I do.

Speaker 8 (46:56):
And that's when he led him in last summer. He
led him in last summer. And and he just he
does drugs. And if they both do drugs together, they
get wild and stupid and fight. And I can't get
my grand nest to quit doing drugs. He thinks he
needs it for pain, and maybe he does sleep. Been

(47:16):
in the streets, you know, a freezing to death.

Speaker 5 (47:19):
Oh my god, but VICKI have you ever thought about
opening your home to your nephew.

Speaker 10 (47:25):
I don't live in my own home.

Speaker 8 (47:27):
I live in my male friend's home. And he doesn't
want his problem.

Speaker 12 (47:33):
I thought, what're right for it?

Speaker 5 (47:35):
Logan, Oh, this is terrible. Well, Brad O'Brien, though, really,
he can't go back to last summer, saying you got
rid of me the wrong.

Speaker 19 (47:44):
Way, right, no determinancy, That tendency is terminated, so he.

Speaker 10 (47:49):
Really has no right to go back in now.

Speaker 5 (47:53):
Okay, we got to take a break. I'm Tom Martine
three or three seven one three talks seven one three
eight two five five Denverregien dot com. You know Mark's
losing weight on it. They also do stem cell therapy
for pain and it really works Denver Regen dot com.
Go with a sure thing Denver's best roofer Excel Roofing

(48:14):
dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
seven one help. You'll think you're his only customer when
you choose Frank durand the real estate Man dot com

(48:35):
to list your home with Remax Alliance three oh three
nine two zero sixteen twenty two. Hi Tom Martino, your
troubleshooter three O three seven one three talks seven one
three eight two five to five. Quite some comments on
this eviction thing and Vicky, Uh, let's see. Vicky was
of course the one where her nephew's disabled. Wants to

(48:56):
know there's any if there's any legal rights. So Vicky,
just to finish this up. There's nothing you could do
with your brother to make him take in his son.
I mean, you know, the son's fifty years old. And
they both do drugs. It sounds like the fruit didn't
fall far from that tree and they're both just screwed up.

(49:17):
I mean, I really feel bad for you that you
have to observe this and it bothers you, but there's
not much you can do.

Speaker 10 (49:25):
Okay, thank you, all right, thank.

Speaker 5 (49:28):
You, Vicky. What were you gonna say?

Speaker 4 (49:29):
Bo?

Speaker 13 (49:29):
He was going to suggest to Vicky, I feel for
her problem with the nephew, and I was going to
suggest that you contact Fort Logan Mental Health Center.

Speaker 5 (49:38):
Yeah, but what if they don't do interventions for God's
says no.

Speaker 16 (49:41):
But you could sign him up, try to get him a.

Speaker 5 (49:43):
Bed there, but he may not want to go.

Speaker 16 (49:46):
Well, you're right, Tommy, he has to have me.

Speaker 7 (49:47):
Yeah.

Speaker 5 (49:48):
People want to need help. Excuse me. People want to
must want the help. I should say, Hey, John, so
on that original eviction question, you understand the problem now
right that that your friend is going to have to
go through the process.

Speaker 7 (50:04):
I understand, Thank you.

Speaker 18 (50:06):
I just wanted John, right, Yeah, I just want to
make sure I got that.

Speaker 5 (50:10):
But remember this, Yeah, here's the process. I want to
review that. He's got to get this three day notice, okay,
and then it's either it's either vacate or comply, and
he doesn't want to comply. He just wants in the vacate.
And then if he doesn't leave that that notice goes.

(50:32):
I would I would hand it to him, or I'd
put it on his bedroom door and take a picture
of it. Okay, that's what I would do. I'm not
giving you legal advice here. The other thing is after that,
if he doesn't leave in that three days and and
and the reason could be I want my house back,
you know, I just I want to live alone. He

(50:52):
doesn't have to give a lot, he doesn't have to
give a real just cause reason because they're exempt from it.
So so what he says is because he is a
tendency at will in his own residence, he's not required
to give a just cause. He can just say I
want to be alone and put it on there. And
if he doesn't leave, if he doesn't leave in that
three days, then he must go back to court to

(51:15):
get that writ of.

Speaker 16 (51:18):
Eviction.

Speaker 5 (51:20):
Yeah but okay, and restitution means taking your property back,
getting him at the hell out of there, So you
may want to consult an attorney about it. I mean,
if this kid's going to give his dad trouble.

Speaker 18 (51:31):
Yeah, I think we can handle it. But is that
three you know something we can write on a piece
of paper or is that a form I need to download?

Speaker 5 (51:37):
I that's the part I don't know. I believe I
would use a form. You use a form? Okay, all right,
thank you, John. I hope that helped you. And that
was okay, And Kenny has a question now on insurance.
Go ahead, Kenny, what's going on with you?

Speaker 7 (51:55):
Hey? Tom? This is for Southern California Pipe Traders Associate Association,
the admin side, the administrator's side. I was contacted back
in January that my brother was an employee of there
is and he passed away in Las Vegas, Nevada at
sixty seven. I get the phone call, I get the letters,

(52:15):
and I had it proved next to kinship to prove
that I was young. Yeah, and to get the beneficiary payout.

Speaker 5 (52:26):
Okay, are you named as a Wait? Wait, Kenny, Kenny, Kenny,
are you named as the beneficiary?

Speaker 7 (52:34):
Guess? Me and my younger brother, Dollard, we were both
on the form.

Speaker 5 (52:38):
And you both have to do the same thing for
this California company.

Speaker 7 (52:44):
Correct. I fulfilled my party obligation, my younger brother. They
got a hold of him and he told him I
don't want nothing to do with it, basically f off right,
So that's wait.

Speaker 5 (52:56):
Wait a minute, So does that mean what he should
do with Kenny? What he should do is assign his
band you, so they will give it all to you,
because if he doesn't, I fear they're going to withhold
half of it.

Speaker 7 (53:14):
Correct, they're going to withhold all of it?

Speaker 5 (53:17):
Well wait, wait, wait, why would they withhold? But why
would they withhold all of it if you're willing?

Speaker 7 (53:26):
Because I to comply, yes, and I proved my kingship,
but went out to the next department. And now they
sit there and say they I gotta get his birth certificate,
which I can get that on a Los Angeles on
the vital records. I understand that. But because he's living,
he has to shine off, saying he just wants to

(53:47):
wave down.

Speaker 5 (53:48):
Oh okay, Kenny. I have a very simple question, very
simple question. You and your brother do you get along?
Will he sign over his rights to you?

Speaker 7 (53:58):
I'm spoken German forty years why we disintegrated typical American family?

Speaker 5 (54:09):
How much money are we talking about in this account?

Speaker 7 (54:15):
They will not disclose anything to me. First it with
a life insurance policy. Now it's what was he has
drawing retirement and I had a highlighted in yellow on
the forums retirement. So at one department I submitted all
the correct information. He said, I'll the benefits, the payout.
People will get in touch with you. The next following

(54:35):
day I receive a letter thing afid David no rise.
I got to have his birth certificate. He's got to
sign this statement. You don't want nothing to do with it.
And I can't do any part about that. And they
sit there and say without him waiving it, they will
go anywhere. Sit in the back room in the file.

Speaker 5 (54:54):
All right, I'll tell you what we're going to do.
You hang on. We're going to get Brad O'Brien on. No,
not not Brad, sorry, Brad's real estate. We're gonna get
let's see who do I want on? I want our
state planning attorney on. So we'll get Dan McKenzie on. Okay,
So hang on and we'll do that. Three oh three

(55:14):
seven to one three talk. We have a question on
being a beneficiary and what if the other beneficiary says
I don't want it? Why can't you get yours. We'll
talk about that and more coming up on the Troubleshooter Show.
One Clear Choice Garage Doors for all of your garage
door needs. Emergencies are regular checkups or tune ups or

(55:36):
installing new openers or whatever. They have it all and
the prices are on their website. I love these people.
Twenty four seventh service for emergencies and here's where it
is their website with all of the prices and everything
they do, doors, openers and everything. One Clear Choice Doors
dot Com. One Clear Choice Doors dot Com. Go with

(56:03):
a sure thing Denver's best roofer Excel Roofing dot Com.
You don't pay a cent until you're contenth time for
an insurance 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

(56:25):
you choose Frank durand the Real estate Man dot com
to list your home with Remax Alliance three oh three
nine two zero sixteen twenty two. Hi Tom Martino here
three O three seven one three talks seven one three
eight two five five all right, Kenny's got a question

(56:49):
on insurance life insurance. I believe he said he was
contacted by his UH by a company who said his brother,
you know, is deceased, work there and he's a benefit.
The company said he and another brother are beneficiaries, but
unless they both agree, they won't disperse the funds. I
don't understand that at all. Now, do we have Brad?

(57:11):
Did you get Dan McKenzie Kachina? It's probably going to
be after the top of the hour, okay, So what
we may do then, Kenny, I'm going to get you
an attorney. Okay. So what we'll probably do right now
is put this on hold and call you right back. Okay.

(57:32):
But I want to ask a couple of questions, Kenny.
Did you even bother to ask that brother about signing
over his interests?

Speaker 7 (57:46):
No, I did not, because this just came to my
attention yesterday. At first it was they sent him a
couple of letters and he fled out, told him I
will have nothing to do with it. So they set
out to so many attempts, will just write it off.
That was the main claim to exam Romeo or Rashiano.

Speaker 5 (58:02):
Now, but do you have any idea. Do you have
any idea? Why do you have any idea? Why he
doesn't want his share of the retirement account? I mean,
my goodness, I mean why is he independently wealthy? Do
you know anything about him?

Speaker 7 (58:20):
No? I do not, but I just know that's his personality.

Speaker 5 (58:26):
And so where is he in birth order? According along
with you. I'm just curious about the dynamics here. We
may try to reach out to him for you and
just say, look, there's no reason to leave money on
the table. You can have your half, or you can
just sign it over to Kenny. What do you think
he tell us to go to hell?

Speaker 7 (58:47):
You're more than welcome to tribe. Very likely. Yes, So
in order to.

Speaker 5 (58:52):
Be how how old is this? How old is this
other brother? You're the one who's being.

Speaker 7 (58:59):
A sixty four, I'm sixty five, the one passed away
with sixty seven. I'm the middle child.

Speaker 5 (59:07):
Okay, so your brother, you wouldn't mind us taking a
stab at calling your brother saying look, you know we're
not trying to force you to take the money, but
why wouldn't you Is it possible that there could be
a couple hundred grand in that retirement account?

Speaker 7 (59:23):
You know, I had no idea they would not disclose
any information to me at all, even though I fulfill
my part obligation proving that.

Speaker 5 (59:31):
But what I don't understand, and this is what we're
going to ask Dad Mackenzie, I don't understand why they
withhold the whole thing. Did they give you an explanation
for that? Why would they withhold the entire account if
just one brother is refusing, if there's two people on
the account, why don't they dole it out half to
you and if anything, keep the other half. Why wouldn't

(59:53):
they do that?

Speaker 7 (59:55):
That's a very good question, Tom.

Speaker 5 (59:59):
Did you ask them?

Speaker 7 (01:00:02):
Yes? I did, and they said, unless we get disclosure,
this this birth certificate, which I can get from Bottle Records,
but unless we get him to sign it off, it
goes in the back room and it sits there. These people.
I've never seen such vague information. When somebody passes away.
It's like a rabbit hole you go down, you know,

(01:00:24):
to prove.

Speaker 5 (01:00:26):
That's because you guys, Well, that's because you guys didn't
communicate you like normal families would have more communication amongst themselves,
And I think you guys never talked to any like
the three of you were totally separated or did you
talk to your older brother?

Speaker 7 (01:00:45):
No? No, this the last last time I saw them
communicated was nineteen eighty and show and hope put some
hope help.

Speaker 5 (01:01:01):
Okay, I'll tell you what we're gonna do. This is
our plan. We're going to first get our attorney on
Dan Mackenzie. Then we're going to reach out to your brother.
What the hell, I'll bet you, I'll bet you among
us there's one who can get through to your brother,

(01:01:22):
you know, and just you know, just like saying, look, man,
we understand you know, family dynamics and all that. All
we're trying to do is not let this money go
to the state. So either take your half or sign
it over to your other brother. Would you would feel
comfortable doing that? Bow Bo? Have you ever talked to
people on touchy situations?

Speaker 7 (01:01:44):
Yes?

Speaker 13 (01:01:44):
I got family. My family's good. But I've done similar situations.
I'd be happy to call.

Speaker 7 (01:01:50):
Yeah.

Speaker 5 (01:01:50):
First we're going to talk to the attorney and then
we'll reach out to your brother. You have his contact information,
I assume, right.

Speaker 6 (01:01:56):
Kenny, No, I don't.

Speaker 7 (01:01:59):
But Rome or Final does for the pipefitters.

Speaker 5 (01:02:04):
The pipe Oh oh, can you get it? Do you think,
can you get your brother's contact.

Speaker 7 (01:02:10):
He has it, Yes, he has it on his I know.

Speaker 5 (01:02:14):
But I need you to get it because we don't
have standing to ask some pipefitters Union to give us
your brother's contact information. You do have standing, you're a brother.
You can call and say, may I have information to
get a hold of my brother so I can straighten
this out? So why don't you do that for us
because we're going to need it. Thank you very much

(01:02:35):
three zero three seven one three talk seven one three
eight two five five. We have more coming up on
the Troubleshooter Show, So stick around. Go with a sure
thing Denver's Best roofer Excel Roofing dot com. You don't
pay a cent until you're content. Time for an insurance

(01:02:58):
check up, freegation 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. Hello Tom Martino here at three O three

(01:03:25):
seven one three talks seven one three, eight two five five?
What's going on in your life? What can we do
to help you? All you have to do is call.
Now we're awaiting our our expert on wills and probate
and all of that to find out what do you
do when you're a beneficiary and uh, the other beneficiary

(01:03:47):
doesn't want to comply, So the place says we're keeping
the whole retirement account. So eventually I think he goes
to a sheet funds. I'm not really sure, but that's
what we're going to ask our expert. All right, did
you see asking people? What they did?

Speaker 7 (01:04:03):
You see?

Speaker 12 (01:04:03):
What?

Speaker 7 (01:04:04):
Oh?

Speaker 10 (01:04:04):
Go ahead?

Speaker 17 (01:04:05):
What the insurance company sent over to that guy we
had on first Hour. I talked to him a couple
of weeks ago, and it was basically verbatim. You and
I had the same conversation with him. He only had
twenty five thousand dollars in insurance, he caused an accident.
He's got over a million dollars in assets. If you
look at the questions this insurance company is asking him

(01:04:30):
to answer, it is absolutely insane.

Speaker 5 (01:04:33):
Anybody in their right mind.

Speaker 17 (01:04:35):
He basically agrees to one hundred percent at fault and
he knows he caused serious damages to her.

Speaker 5 (01:04:44):
It's crazy, all right, here's the affidavit. Here's the affidavit,
affidavit of Danny So and So liability insurance coverage. This
affidavit is provided under oath and penalty of purchaser perjury.
So they're asking him to sign one or all of them. Mark,
do you know.

Speaker 17 (01:05:02):
Well it looks like you actually put you put a
checkbox next to him.

Speaker 5 (01:05:06):
But listen to this. I am aware that as a
result of.

Speaker 17 (01:05:09):
This accident, blah blah alleges she suffered serious.

Speaker 5 (01:05:14):
Injuries and has made claims against me. Okay. Now here's
the deal at the and it also says at the time,
these are things they want him to agree to. First,
who he is and where he lives, and that he
was involved in an accident on this date. Okay, Then
they want him to agree to at the time of

(01:05:35):
the accident, I was driving this car, you know they
name it, and I was the owner of Okay, So
two of those they're not bad. They can prove those.
The third one, I'm aware as a result of the
accident that this woman had all of these major injuries,
and I understand my signature on this document does not
constitute an admission nor agreement that I was at fault. Okay,

(01:05:58):
it's just asking you to acknowledge she had serious injury.
I wouldn't do that. Then they're saying, at the time
of the accident, there was an automobile insurance policy from
State farm for and it said was twenty five thousand
per person, fifty thousand per accident. I understand that this
means that the most can be paid to one person

(01:06:20):
is twenty five thousand. Well, actually, Mark, it isn't as terrible,
you know, some of it is, it says, and then
they get I never sign this. I'm not telling him
to sign it, but I'm telling you these all of
these statements, every one of them is going to be
able to be easily stated and proved in the courts.

(01:06:40):
They're just asking him to do it so they don't
have to go through it. But you're right, I wouldn't
sign it either. You never do anything voluntarily. Then it
says I Danny had no other automobile or liability insurance
umbrella or whatever. And then it says there are no
relatives in my household who has any liability insurance coverage
is blah blah blah, because what they're trying to do
is find where they can get more money. And then

(01:07:01):
it says there are no other liability insurance policies blah
blah blah. My driving at the time was not was
not undertaken for the benefit of any person, because they
want to know was he working for anyone. Then it says,
I understand that this information being supplied can be relied
on by so and so and her attorney. So basically

(01:07:23):
it says and that her injuries, you know, I understand
they were serious injuries. Blah blah blah what they're asking
this guy. And then it says and that it says,
I understand this decision will be in part based on
my representation that this is the only insurance available. They
want to make sure there's nothing else to get insurance wise, Well,

(01:07:46):
they knew him personally, but.

Speaker 17 (01:07:48):
Then they go into personal property, real estate, automobiles, cash in.

Speaker 5 (01:07:53):
The bags, right, They're gonna come after They're going to
come after him, no doubt.

Speaker 17 (01:08:00):
Why would you, I guess all I'm saying is, why
would anybody in their right mind lunteer this information?

Speaker 5 (01:08:06):
Go with a sure thing? Denver's best roofer Excel roofing
dot com. You don't pay a cent until you're content,
wait time for an insurance check up free, no obligation.
In comparison, call Compass Insurance paying too much your coverage
at dozens of insurance companies find out now three all
three seven seven one help. You'll think you're his only

(01:08:28):
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 4 (01:08:41):
Rip of.

Speaker 3 (01:08:44):
News who you don't have, run as fast as you can.
Shooter's gonna help.

Speaker 8 (01:08:54):
Come man.

Speaker 4 (01:08:56):
This is the Troubleshooter Show.

Speaker 5 (01:08:59):
No Tom Martino, Hey Tom Martina.

Speaker 7 (01:09:04):
Here.

Speaker 5 (01:09:04):
This is the Troubleshooter Show where we're solving problems, answering questions,
taking complaints and making your life just a little easier.
And on the table today we have a number of
different topics that are very interesting. First, we're asking people
for their passion, their pastime. What do they do, what
do they love doing, and how does it how is
it as a value to them? And we had one

(01:09:28):
We started off with rocket launching. The setup is about
two hundred bucks and then about forty dollars per rocket
for the two foot rocket, and then Deputy dogs that
he likes playing poker. Now, I've had a lot of
other people talking about their passion by text, and I'm
going to it right now. One said that they love

(01:09:52):
traveling in their camper van, biking and hiking. Some people
say they love mountain biking now that there are e bikes,
so they get the assistan since they need. Then someone
said they enjoy picking up trash, and that brought up
a topic. So I don't want to get too specific
because he probably listens to my show, but I'm just

(01:10:13):
gonna say it. There's a very wonderful man in our
neighborhood who is literally out in the alley, the trash alley,
you know, in the garage alley these a lot of
these Denver homes have alleys behind him. And where we are,
we have this setup where in the back of the
trash cans in the alley along with your garage entrances,

(01:10:36):
and the front faces the street. And I swear to God,
he is out there eighty percent of the time that
we look. And what he's doing is he's walking up
and down, straightening out the trash cans, closing the lids,
taking recyclables out of one, putting it in the recyclables,

(01:10:56):
and then taking the compos out. And he's sorting the trash. Now,
I thought, well, he's sorting the trash, you know, a
one time thing. Then I see it again and again,
and I go out there at nine o'clock in the
evening to empty a trash thing and I see him
out there with a flashlight doing the same thing. It

(01:11:17):
got to be almost a joke with my wife and I.
He's out there doing the trash again, and I started
looking it up. There is actually a condition, and I
think it comes from the Spanish word basophobia and Basso's
trash right in. I think it is. It's trash anyway,

(01:11:42):
it's fear of I don't know. It's an impulsive condition
about trash, sorting trash. It's part of an OCD condition,
and it gives people the need to sort and make
their trash acceptable because they fear disorganization of trash. It

(01:12:10):
kind of freaks them out.

Speaker 14 (01:12:12):
Hey, I can get them a job at a recycling company.

Speaker 5 (01:12:14):
Oh, you're in the recycling business now. Any of people
whose job it is I've often wondered when it comes
to recycling anyway. I joke about the guy, but I
have looked and it's amazing what people put in recycling
that they think are going to be Like an old toaster,
is that recyclable?

Speaker 7 (01:12:31):
No?

Speaker 14 (01:12:32):
An old toaster?

Speaker 7 (01:12:33):
No?

Speaker 14 (01:12:33):
No?

Speaker 5 (01:12:33):
What then what happens? What happens with a recycled bin?
Because I'm going to venture to say eighty percent of
everything they collect is non recyclable. What would you think
you're in the business.

Speaker 2 (01:12:45):
Yeah, I think you know. Denver does publish those statistics,
and from what I've from what I've observed, this about
thirty to forty percent is going to be garbage.

Speaker 14 (01:12:54):
However, do they.

Speaker 5 (01:12:55):
Take it out? Do we still get the benefit of
recycling for the little stuff that's in there that it
really is recyclable?

Speaker 2 (01:13:01):
A few of the things, so number one and number
two plastics really are recovered and recarp So what.

Speaker 5 (01:13:05):
I'm asking you is, does the trash ever get so
mixed and so complicated they throw the whole bin away?

Speaker 2 (01:13:12):
Oh you mean recycling that trash? Oh yeah, that's why.
That's why there's such a huge rejection rate that recycling plan.

Speaker 5 (01:13:20):
So they don't empty my recycle bin and take the
stuff out that's bad and keep the stuff that's recyclable in.

Speaker 2 (01:13:26):
It's correct, it's a it's a much more of a
broad swipe. So all that stuff gets mixed up in
the truck. The truck dumps onto a gi enormous conveyor belt,
and so when the people along this conveyor belt see
a bunch of garbage mixed into the recyclables, they're not
going to pick stuff out. They just throw it out,
push that entire section off the conveyor into a waste.

Speaker 5 (01:13:47):
Even if there's a few plastic bottles they can pick.

Speaker 2 (01:13:49):
Out, yeah, because it makes absolutely no economic sense to
go through it and pick out them.

Speaker 5 (01:13:54):
So on that conveyor belt they pick out just the
obvious recyclables that are pretty isolated.

Speaker 2 (01:14:00):
Well, what they pick out is the contamination from the
section of the conveyor belt that has very little contamination,
So they'll pick out that.

Speaker 5 (01:14:08):
What's the contamination stuff that's not recycling.

Speaker 14 (01:14:10):
So like that toaster you mentioned, or the styrofoam.

Speaker 5 (01:14:13):
Yes, the styrophone. By the way, I actually got a
big note with a big magic marker they marked on
my recyclable lid. No, no, I read it. Yeah, you did.

Speaker 7 (01:14:24):
See it.

Speaker 5 (01:14:25):
Yes, yes, I'm telling the truth. Why because I used
to get Amazon and I get not used to I
get Amazon and they have a lot of styrophom. I'd
break it up and put it in the recyclable I
thought styrophone recyclable.

Speaker 2 (01:14:34):
No, well, technically almost everything is recyclable, but styrofoam was
not recycled here in Denver or any other curb side
program I'm aware of, because it's so uneconomical. There is
a place in Calder Springs that manufactures styrofoam, and they
will accept your styrofoam for recycling, but you have to
drive it over there to them.

Speaker 14 (01:14:53):
Does that answer the question?

Speaker 2 (01:14:55):
So the best thing that people who really care about recycling,
the best thing for them to do is just make
sure don't throw things that you don't get too optimistic.
Don't throw the styrofoam, don't throw in the toast, or
don't throw in like the yogurt tubs and stuff like that,
hoping they'll be recycled, because what's gonna happen is you're

(01:15:15):
going to contaminate a bunch of other actual recyclable stuff
and it will all get thrown away.

Speaker 7 (01:15:20):
Hey.

Speaker 17 (01:15:20):
Hey, if you dimitri if you take out the uh,
I don't know, if you take out the greenness of it.
Is there any economic reason to recycle plastic?

Speaker 5 (01:15:32):
Good question.

Speaker 2 (01:15:35):
Yeah, the two plastics I mentioned number one and number two,
the recycling company might get a nickel, maybe.

Speaker 14 (01:15:42):
A dime a pound.

Speaker 2 (01:15:43):
Aluminum cans are worth about a buck a pound, tintable.

Speaker 5 (01:15:47):
But what Mark is asking is is it economically feasible
to use recycling materials as opposed to fresh plastics? In
other words, the companies saved by using recyclable materials.

Speaker 14 (01:15:58):
You mean the manufacturers. I thought he was asking about it.
What I'm saying is make money.

Speaker 5 (01:16:03):
What I'm saying is, I don't know. Were you asking
recycling people make money? Mark? Or if it's economically feasible
to reuse that recyclable stuff in manufacturing?

Speaker 7 (01:16:12):
Yeah.

Speaker 17 (01:16:12):
If you take out you know, we don't want to
kill the dolphins and all that stuff. Isn't it cheaper
just to use or make plastic compared to recycling it?
Then make plastic out of it.

Speaker 2 (01:16:26):
Well, with the exception of number one and number two,
You're absolutely correct. Number one would be like your soda bottles,
your water bottles.

Speaker 14 (01:16:32):
Number two way.

Speaker 5 (01:16:33):
Less energy to recycle and use it than to do
fresh just.

Speaker 14 (01:16:36):
With those two.

Speaker 2 (01:16:37):
Yeah, right, now, where my company makes money is we
specialize in cardboard recycling.

Speaker 14 (01:16:43):
That is very profitable.

Speaker 5 (01:16:44):
How is that recycled? Is that broken down and shredded.

Speaker 14 (01:16:47):
Or what it goes to?

Speaker 2 (01:16:48):
So it gets you know, the cardboard gets bailed up,
we pick it up, we ship it off to paper.

Speaker 5 (01:16:53):
What is actually done with that is melted or melted.

Speaker 2 (01:16:56):
Cardboard goes into a giant machine called a hydropulper, like
a huge, three story tall blender, and it shops with
hot water and it's got blades just like a blender.
They add chemicals to de ink it. They had chemicals
to remove the glue, and basically.

Speaker 14 (01:17:11):
You end up with a slurry of hot water and fiber.

Speaker 2 (01:17:15):
And so it's extremely economical to make cardboard out of
cardboard as opposed.

Speaker 5 (01:17:20):
To cardboard out of fresh materials.

Speaker 7 (01:17:23):
Right.

Speaker 14 (01:17:23):
Yeah, it's called wood pulp. Right, So card.

Speaker 5 (01:17:26):
Say it literally saves trees.

Speaker 2 (01:17:28):
Well yeah, it's not the trees you're thinking of, Like,
they don't chop down the redwoods to make cardboard.

Speaker 5 (01:17:34):
Bind they're more like but it does, say.

Speaker 14 (01:17:37):
It absolutely does.

Speaker 2 (01:17:38):
Cardboard is absolutely legitimate aluminum cans and tin cans. That's
absolutely an economically legitimate thing to recycle.

Speaker 5 (01:17:46):
And plastics two plastics, yeah, two plastics, but you know,
not plastic, no like the you.

Speaker 14 (01:17:52):
Know, the streat that kind of stuff.

Speaker 2 (01:17:55):
So there's only one other type of plastic actually that
is very recyclable, and it's stretch wrap. Now, we consumers
don't generate it. But if you've seen like good.

Speaker 5 (01:18:03):
Boat good or big boats that they put up for
the winter, not that oh I thought you.

Speaker 2 (01:18:08):
Were the when they ship palate loads of goods, they're
they're wrapped in this car. What I'm talking about, well,
notes actually technically called stretch wrap, and we send that
off to a company called Treks and they make plastic lumber.

Speaker 14 (01:18:23):
Out of it.

Speaker 2 (01:18:24):
That's actually pretty valuable stuff. Another dime to twenty cents something.

Speaker 5 (01:18:28):
Now I do have Dan mackenzie, and I'm gonna take
a break. I want to give Dan plenty of time.
He is our estate planning attorney expert. And this is
a very odd question, but it's a good one. What
happens when you're a you're a beneficiary on something and
the other beneficiary is not cooperating, so they say the
hell with both of you. We'll talk about that and
more coming up on the Troubleshooter Show. Three oh three

(01:18:48):
seven one three eight two five five. Go with a
sure thing Denver's best roofer Excel Roofing dot com. You'll
pay a cent until you're content. Time for an insurance
checkup free, no obligation comparison call Compass Insurance paying too

(01:19:10):
much your coverage at dozens of insurance companies find out
now three oh three seven to seven to one. Help.
You'll think you're his only customer when you choose Frank
durand the Real estate Man dot com to list your
home with Remax Alliance. Three oh three nine two zero
sixteen twenty two. Hey Tom Martino here three o three

(01:19:31):
seven one three talk seven one three eight two five five.
I'm gonna bring up Dan McKenzie right now. McKenzie Law
coplans dot Co. He does a state planning probate if
you're facing probate, avoiding probate if you're looking to probate,
to avoid wills, simple wills, complicated wills, trusts, and other

(01:19:52):
creative means to deal with your estate and estate planning
eight three three co plans Now, Dan, this is an
odd one. So there are three brothers. They're all estranged
from each other. One of them dies. He was working
for a company and had a retirement plan, and he

(01:20:13):
left his two other estranged brothers as beneficiaries. The company
in California contacts the beneficiaries and says, we need this
much information to establish who you are. Larry, no way,
excuse me. It's Kenny, right, Kenny, who's here? Kenny complies,

(01:20:38):
and Kenny answers all of the questions and establishes that
he is indeed one of the beneficiaries. The other brother says,
f you, I want nothing to do with this and
won't answer any questions. So Kenny says, I want my

(01:20:59):
shit of the retirement plan, and the California company says, oh, contraire,
We're not paying you a dime, and unless both of
you comply, it's going nowhere. What do you think about that,
Dan McKenzie, Man.

Speaker 20 (01:21:20):
It doesn't sound right. I mean it's they're two independent people.
They have two separate shares. Usually what happens is a
retirement account, an inherited retirement account gets set up reach
the participants. They each get their money separately, and they
do what they want with it. I mean, I don't
know why one would be tied to the other.

Speaker 5 (01:21:41):
Larry, did they give you a reason? Did you actually
get a reason? I'm not Larry, Not Larry, I'm sorry,
it's Kenny. Larry has another question. Kenny is the one
from the estate. Go ahead, Kenny, Sorry for the confusion.

Speaker 7 (01:21:58):
Yes, I just got a COPU call from Romeo Rassino.
I got my brother's phone number. He said he needs
this address dated Wirth SS number, which is no way
going to give out that as to comply.

Speaker 5 (01:22:12):
He Kenny, Kenny, you know awhere did they say why?
Did they say why they would not give you your
half of the account?

Speaker 7 (01:22:27):
Yes, they have a procedure they have to follow.

Speaker 5 (01:22:32):
And they said unless both heirs comply. What did they
say they would do with the money?

Speaker 7 (01:22:39):
They started to go in the back office and some
wherever storage area and that will be the end of
it until they get their information.

Speaker 5 (01:22:50):
I think you need to hire an attorney.

Speaker 20 (01:22:53):
Probably in Kelter, the company located.

Speaker 7 (01:22:57):
You know, when I don't know the tiring attorneys. You know,
I I did everything well. Then they told me what
I could apply to or give me the information and
they turned around. The next letter after saying the amount
is being calculated to turn around the next day, I
get a letter saying, affidaily, we need your brother's information.

(01:23:20):
We need his birth certificate. I supplied my first figure,
my brother's first theory, my brother's death certificate, all information's
original conversation was about, and then he went ahead and
added a whole nother anny.

Speaker 5 (01:23:32):
I get it, I get it. You don't have information
on your other brother, and I don't know why they
need that information to distribute your part of the retirement account.
And I think it's horsecrap, and I think you need
to hire an attorney to write them a letter. Can

(01:23:55):
you think of any circumstance Dan, where co benefit in
trees are held to each other.

Speaker 19 (01:24:04):
I can't.

Speaker 20 (01:24:05):
The only thing I can think of is if he
said something like to my brothers and like they're not
sure who that includes and they're trying to confirm that,
or something vaguer than naming them if you name them
by name, and said these are my brothers and they're
the beneficiaries, I just I don't think. I mean, I
think to understand that this is a contract that your
deceased brother had with them, and so like seeing that document,

(01:24:29):
like whatever their governing document is, it would be Yeah.

Speaker 5 (01:24:36):
Kenny, I have a question, was there in a state
opened for your brother, approbate proceeding or anything? He did
he have a will? And did he name any personal
representatives any of that.

Speaker 7 (01:24:50):
That's kind of funny you say that because when he
went to the hospice of the final basaport, you only
has to be mentioned by younger brother's name because he
was sick of no stop going very well. And they said,
because you only even mentioned his name, that's all that
that person, that's the contact, and I cannot do anything

(01:25:10):
I should. I just learned about this.

Speaker 5 (01:25:13):
Was a probate opened. Did your younger brother open a probate?
It seems like if he didn't want anything to do
with the retirement funds, he's not going to open a probate.

Speaker 7 (01:25:23):
Oh he did not.

Speaker 5 (01:25:26):
Does your brother have anything other than the retirement account,
the one that's deceased. Did he have a home? Did
he have automobiles?

Speaker 7 (01:25:36):
I have no idea, Kenny.

Speaker 5 (01:25:38):
You understand that if the younger brother, it doesn't matter
if the younger brother was mentioned or not. You have
a right right now if no one else did it
to open up probate. See, here's what I would do
if I were you. I can't tell I can't force you.
Here's what I would do if I had this exact
same situation. I would hire an attorney since in California

(01:26:02):
to open up a probate and then I would proceed
in that same action to have that attorney contact the
California company and make a demand for the proceeds from
the beneficiary. I would argue should go to you, Your

(01:26:23):
parts should go to you. I would then reach out
to the other brother and say, look, you're welcome to
have your part of this estate. Now, Dan McKenzie, is
that bad advice I gave?

Speaker 20 (01:26:37):
I think it's probably. I mean, if they just won't
stay ball events, it's probably at the end of the day,
there is me some sort of cord activity, and the
probate case probably is the way to a platform on
to do that. So yeah, unfortunately California is kind of
a notorious for hav any a little bit difficult probate process,
but so hopefully it is an amount of money that
makes it work.

Speaker 5 (01:26:58):
Well, how would he go about to find an attorney
in that area for pro Is there any kind of
an association he can look to.

Speaker 20 (01:27:06):
Uh this, I'm pretty generic, but it actually is a
group of attorneys that takes us pretty seriously.

Speaker 7 (01:27:11):
If you go to a state.

Speaker 20 (01:27:12):
Planning dot com, there is just a search function right
on that right on that page, and it does provide
attorneys by location, and you know they are usually a
specialist in the state administration.

Speaker 5 (01:27:25):
Kenny, Kenny, you know, there's got to be at least
one hundred grand in that retirement account. I would say
just that. I mean, I don't know how long. How
long did he work there?

Speaker 7 (01:27:37):
I guess you'd be tired from them, So I'm gonna
assume a good twenty years, you know, I.

Speaker 5 (01:27:41):
Mean, I mean, look, there's probably more. But what I'm
saying is, if I were you, I would go to
a state planning Is it a state planning dot org?
Is that what you said, Dan? A dot org dot com?
State planning dot com? Go there, Kenny, get an attorney

(01:28:01):
in that area and just explain the situation and open
approbate and get this damn thing done. You have all
of your brothers, decease brothers information, you have the death certificate.
You have enough to do this. I hope that's enough.
I mean, I don't know what else to tell you,
but that's where I start. And then have him that
attorney or her in California reach out to that company

(01:28:25):
because that attorney will know how to recover your share
of the account where you're a beneficiary. All right, now,
let me try to squeeze Larry in here. Larry, what
is your question for Dan McKenzie. Welcome to the show.

Speaker 11 (01:28:40):
Thanks Tom.

Speaker 7 (01:28:40):
Real quick question.

Speaker 11 (01:28:42):
My father in law passed a year ago January. My
wife and her sister acquired a house under a joint tenancy.
My sister has a there's no desire to keep the
house on my sister's side, but there's a desire on
my wife to keep the house. So we wanted to

(01:29:03):
buy out my sister in law's half of the house
and joint tendancy, and we cannot come to an agreement
as of this time. Is there anything I need to
be aware of? She made a mention in a text
that she will unilaterally put the house up on the market.
Is that allowed under dr.

Speaker 12 (01:29:25):
Well?

Speaker 5 (01:29:26):
A joint tenancy is where they own it equally and simultaneously,
so they don't have a divide. I don't believe they
have a divide in interest, or maybe they do. Am
I getting the joint tenancy wrong?

Speaker 9 (01:29:41):
Dan?

Speaker 20 (01:29:42):
Now it is one interest. I don't think it even matters.
I mean, I tell something of course is going to
require all owners to sign any any titles ranswer to
sell the house. But what can happen is the person
who wants to force that they out can bring a
partition action in court and say, look, court, we co
own this property. We can't agree. I mean, we want
I want you to order this house to be sold.

(01:30:03):
So the person wants to sell that ponibility.

Speaker 5 (01:30:08):
One thing I do know, whenever there is a dispute
with an LLC, a partnership, joint tenancy, joint ownership, the
rules of the state where it's we're talking Colorado here
a caller.

Speaker 11 (01:30:28):
Nope, we're talking New Jersey.

Speaker 5 (01:30:31):
Okay, then the partnership laws of the state of New Jersey.
Where it is not already agreed to in an operating
agreement or in a separate agreement, then the partnership laws prevail.
And almost every state is like that. So, for example,
if I had to dispute, if I had a dispute
with one of my co owners of an LLC and

(01:30:54):
we did not address what to do with that dispute
or how to do it or how to dissolve it
or anything. Then you would go to the state partnership
statutes and follow their procedures which would dictate the sale
of the property and how it's done properly. Again, since
there is no written agreement, they inherited this. But here's

(01:31:19):
the thing you got to understand something. Shared ownership only
comes in two flavors. Okay, And did it actually say,
I mean, how did you know their joint tenancy?

Speaker 11 (01:31:33):
Well, it was all discussed prior to passing. And the
house is a Jersey shorehouse. It was both my wife's
parents' house for the last thirty years. My father in
law made it very clear that he wanted to pass
it down through the family, wanted both my wife and
my sister in law to have the house, and made

(01:31:57):
stipulations with bank accout ounce and everything to pay for taxes. Now,
my sister in law who lives in.

Speaker 5 (01:32:05):
South Well, what tell me what your sister in law wants?
What is her main beef? What does she want?

Speaker 11 (01:32:11):
She wants she wants cash by June?

Speaker 5 (01:32:16):
Well, she wants how much cash?

Speaker 7 (01:32:19):
Seven?

Speaker 5 (01:32:23):
What is is half of the house worth that.

Speaker 11 (01:32:27):
She thinks, so I don't think.

Speaker 5 (01:32:29):
So do you want to keep the house or do
you want to sell it? Let me ask you. Does
she want to keep.

Speaker 7 (01:32:38):
No wants?

Speaker 5 (01:32:39):
I'm asking do you want to sell the house? Do
you want to keep it? Okay, then what's the big beef?
You don't have to give her a dime put it
up for sale. You both agree you want to sell it? Right?

Speaker 7 (01:32:53):
No, no, no, no, we want to keep the house.

Speaker 11 (01:32:55):
We do not want to sell it. She wants to
sell it.

Speaker 5 (01:32:59):
And what do you want to do with the house?

Speaker 11 (01:33:02):
Keep it in the family?

Speaker 5 (01:33:05):
Well what does that mean? I mean, do you want
to live in it? What do you want to do?
Do you want to look at it? What do you
want to do with the house.

Speaker 11 (01:33:12):
Eventually my wife and I will be leaving Colorado and
moving back to New Jersey. So yes, we want to
keep it for retirement, which is two years away.

Speaker 5 (01:33:22):
All right, then you're going to have to come to
an agreement or it's going to be sold.

Speaker 10 (01:33:31):
But if it can, because.

Speaker 20 (01:33:33):
It happens, he can make the offer, right, I mean,
you know, if the courts forces the partition, he can
still to make the offer. Either way, you should get
an appraisal, because if you're going to keep it, you
want to make sure you preserve a record of what
the value was for the step up in basis exactly exactly.

Speaker 5 (01:33:50):
So here's what how much is the house? How much
is the house really worth? Right now?

Speaker 11 (01:33:55):
I believe the house is worth one point three some
maintenance issues that need to be taken care of, she takes, Look, how.

Speaker 5 (01:34:07):
About getting one? How about getting an appraisal? How about
getting three appraisals and throw out the top and the
bottom and keep the middle. What about that? Is she
willing to work with you at all?

Speaker 11 (01:34:20):
Uh? You know I put out three different proposals to her,
and she's.

Speaker 5 (01:34:28):
Okay, hold on, I'll come right back to you. I'm
Tom Martine. Go with a sure thing Denver's best roofer
Excel Roofing dot com. You don't pay a cent until
you're content. Time for an insurance check up free, no obligation.

(01:34:48):
In comparison, call Compass insurance paying too much your coverage
at dozens of insurance companies find out now three O
three seven to seven one help. You'll think you're his
only customer when you choose Frank to the real estate
man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two. Hi

(01:35:10):
Tom Artino here three oh three seven one three talk
seven one three eight two five five. Okay, so we've
had Dan McKenzie on answering some questions plans dot Coe.
Larry has a question for Dan. Larry, go ahead, what's
going on? Larry?

Speaker 7 (01:35:31):
Well, we were talking about the joint Tennessee Tom.

Speaker 5 (01:35:36):
Yes, and what you need to do on the joint tenancy.
Because okay, here's the deal. If you guys can't come
to an agreement, Dan mckenzie'll tell you what's going to happen.
The courts will do what Dan, If it's brought to court,
they'll go to partnership law. What would most likely result?

Speaker 20 (01:36:00):
Now, she would she could finally partition action, which she
should not want to do. I mean obviously that could
be litigation like and get pretty extensive pretty quickly. So
she really should not want to do that and should
be amenable to making some sort of arrangement. I agree
with Tom. I mean, get one appraisal.

Speaker 6 (01:36:16):
And send it to her and say here's.

Speaker 7 (01:36:18):
What we got.

Speaker 20 (01:36:19):
You want to get one go ahead and see how
they come in and maybe there's agreement, but I mean,
there's no scenario where there's no appraisal.

Speaker 5 (01:36:29):
Has has she agreed to Larry? Are you guys on
talking terms?

Speaker 7 (01:36:37):
But she's very passive aggressive?

Speaker 5 (01:36:40):
But will she agree to an appraisal or two?

Speaker 11 (01:36:44):
I think so, I think I think that's the next
step is we need to go.

Speaker 5 (01:36:48):
I think what I would do. I think what I
would do is since it's the wife, your wife and
her who are really the owners, they need to agree
to hire an appraiser, or you each get an appraisal
and you go in the middle. But but Larry, you

(01:37:11):
don't know what that house is worth. She doesn't know
what that house is worth. She's going by gut, you're
going by gut. And as as Dan McKenzie just said,
there is no scenario, none, where you don't get an appraisal.
If you can tell your sister, look, if you saw us,

(01:37:32):
the first thing that's gonna order is an appraisal. I mean,
so what good is that? Why are we wasting money?
So that's what I would do, Larry, thank you three
oh three seven one three talks seven one three eight
two five five As we said, Dan McKenzie eight three
three Coe plans if you ever need him now, Joy, Joy,
what's going on with your orthodontisky.

Speaker 21 (01:37:56):
Can you hear me?

Speaker 5 (01:37:58):
Yes? I can.

Speaker 21 (01:38:00):
Yes, So my kids they've been seeing doctor Lawson at
New Early Orthodonics NEO. Yes, yes, I actually heard about
him on your show, and they've been.

Speaker 22 (01:38:14):
For a while now.

Speaker 21 (01:38:16):
But anyhow, he basically with no notice, just closed his practice.
And both my kids have they have paid in full
contracts and one of my son is embraces with him,
and and they just closed. And so I'm not sure, Joy.

Speaker 5 (01:38:37):
I heard about that. I heard about that. How long
ago did that happen?

Speaker 6 (01:38:45):
Him closing?

Speaker 5 (01:38:47):
Mm hmm.

Speaker 21 (01:38:49):
I think it's been a couple of months now. They
had sent Neo had sent out an email referring a
new orthodonist, although that new Orthodonist did not buy the practice. Therefore,
if my son wants to be his patient, we have

(01:39:09):
to pay.

Speaker 5 (01:39:10):
Again, let me explain to you. First of all, I
believe they filed for bankruptcy. I know that doctor Lawson
has had some health problems. I don't want to get
too specific. I think this whole thing was unplanned, and
I think here's the biggest problem you're going to have

(01:39:30):
with new early orthodontics. Any oh, is that there aren't
many dentists who buy that whole program. You know, they
all do this massive, massive correction. Now I'm telling you something.
Doctor Lawson, in my opinion, was a genius and he

(01:39:52):
did wonderful, wonderful work. But I tell you, I think
you're going to have a problem finding another dentist that
even knows the program. Have you been able to find
one that knows the program?

Speaker 21 (01:40:06):
I mean, I guess it's no. In fact, my son
is in braces right now. And part of the problem
is that he had enough pointment to.

Speaker 5 (01:40:15):
Go get it. Well, when you say when you say braces,
when you say braces, are you talking about their form
of braces or conventional braces?

Speaker 21 (01:40:26):
Conventional?

Speaker 8 (01:40:27):
True, doctor Lawson?

Speaker 5 (01:40:30):
Well that's good then then anyone can take that case over.
But the money you paid in you need to put
an acclaim with the bankruptcy court.

Speaker 21 (01:40:40):
Okay, because I have his his I.

Speaker 5 (01:40:43):
Gotta take this break hold on go with a sure
thing Denver's Best roofer excel roofing dot com. You don't
pay a cent unto your content time for an insurance
check up free, no obligation in comparison call Compass Insurance.

(01:41:05):
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. Yeah, ripped off.

Speaker 14 (01:41:28):
You need advice so.

Speaker 3 (01:41:30):
You don't have come running as fast as we can.
Show Shooter's gonna help come MANX is the Troubleshooter Show.

Speaker 4 (01:41:43):
No Tom Martino, Hey.

Speaker 5 (01:41:47):
Tom Martino here, Welcome to the show. Three O three
seven one three talk seven one three eight two five five.
We left off with Joy. We found out a lot
more information. Joy was calling because her children were enrolled
with Neo New Early Orthodontics and doctor Kent Lawson shut
the doors, they said as a result of unforeseen circumstances.

(01:42:11):
I also believe they filed for bankruptcy. I wasn't able
to confirm that, but I saw some articles that they
did file for bankruptcy. He had a ton of people
undergoing treatment. New Early Orthodontics used to take children at
a very early age and correct their bites and correct
their teeth in a very novel way, using appliances in

(01:42:34):
the mouth that gently moved teeth, and then they would
only spend a short time in conventional Both of my
children went through NEO. Both had extraordinary results. The offices
were always great. Unfortunately the offices closed. We don't know details,

(01:42:57):
but we do know they're closed. And they said there
were two they referred to specific Oh, no, one, it's one.
They they were, no, there's it's but it's one doctor.
Both of those practices are the same.

Speaker 2 (01:43:14):
Yeah, it looks like there are two locations of the same.
Omar To Orthodontics.

Speaker 5 (01:43:17):
Omark Orthodontics will actually apply some of the credit you've
paid in a joy uh if you wanted to check.
Did you ever check them out on their on the
website for NEO.

Speaker 21 (01:43:31):
Yes, I actually went to them because my son needed
an adjustment. So I went to that that new Orthodonis.
He saw my son, but to treat.

Speaker 8 (01:43:43):
Him further, it's upwards.

Speaker 21 (01:43:46):
It's over one thousand more dollars for him to get through,
and he needs to get through. And I've already paid
my contract in Fuld, which you.

Speaker 14 (01:43:56):
Know on news on news.

Speaker 5 (01:43:59):
Well, I know you're right, He says, if you have.

Speaker 2 (01:44:01):
Paid in full, comma nominal fees will apply to continue
your treatment. So I looked up the definition of the
word nominal and in the context of very small.

Speaker 14 (01:44:13):
Far below the real value or cause.

Speaker 5 (01:44:15):
Did they know that you had paid in full? Oh?

Speaker 21 (01:44:18):
Yes, I mean I've talked to that. I talked to
them in depth. Basically he explained to me that they
did not buy the practice, They just received the clients.

Speaker 5 (01:44:29):
So of course, of course, you know.

Speaker 21 (01:44:32):
So it's basically to get what my son needs is
basically again, what like the contract in full?

Speaker 5 (01:44:41):
Again that I've already what was your contract? What was
your contract in full with NEO? How much from beginning to.

Speaker 21 (01:44:48):
End, well, beginning to end work I would say around
six grand?

Speaker 5 (01:44:58):
Around six grand, and you had paid the entire six grand?

Speaker 7 (01:45:03):
Correct?

Speaker 5 (01:45:05):
Okay, And now they're telling you this one who took over,
which I understand as this this person was under no obligation.
They are continuing care. But what you're saying is is
that it's going to be an additional one thousand dollars.

Speaker 21 (01:45:23):
Oh no more than that. I mean, yes, you just
said one thousand start. It's probably well over one thousand,
I said, so, it's probably cheaper than starting a brand
new contract over again. But he still has up over
one thousand dollars that they quoted me, still needed that

(01:45:48):
he'll need done?

Speaker 5 (01:45:49):
Well, how much two thousand dollars, three thousand dollars.

Speaker 15 (01:45:52):
For how much?

Speaker 5 (01:45:53):
How much more?

Speaker 21 (01:45:54):
Is it probably closer to two grand with the okay,
and so removing the braces.

Speaker 5 (01:46:03):
But you're telling me, you're telling me that everything your
son needed would have been covered had NEO remained open. Correct, Okay,
So you are really suffering a two thousand dollars loss here.
I don't know what to tell you. It's really too bad.
I mean, it really is. I think NEO. I think

(01:46:26):
it's been six years. They've been off our referral list
five or six years. He had some health problems. I
don't know the full story here. I hope he's doing okay.
But Joy, you're joining a long list of people who
are in the middle of treatment. The good news is
I don't think you can get better treatment. And if

(01:46:48):
you continue the program again, unfortunately you have a loss
of about two grand. You may want to search.

Speaker 21 (01:46:56):
To see if there's a I have a daughter paid
I paid in full contract as well.

Speaker 5 (01:47:04):
Wait a minute, how much is it going to cost
to continue that one?

Speaker 7 (01:47:09):
I have no idea.

Speaker 21 (01:47:09):
I haven't I haven't even gone down the road with
her yet, because the only reason I went to the
other Archadonic don this was because they literally closed the
week I was supposed to get my my son's braces adjusted,
so I had to go somewhere.

Speaker 5 (01:47:28):
Now, your daughter, what stage is she in?

Speaker 21 (01:47:32):
He's in the observation stage, so luckily she's not in braces,
but she's not completed yet through the program.

Speaker 5 (01:47:45):
And did you pay for that in full?

Speaker 6 (01:47:48):
Yes?

Speaker 5 (01:47:52):
Can I ask you why you paid in full upfront?
I didn't do that? Well, can you can you tell
me your reasoning with that?

Speaker 21 (01:48:01):
Because I just I I mean, this was a long
time ago that we started this process my.

Speaker 10 (01:48:07):
Kids, I understand.

Speaker 5 (01:48:11):
Would would were you given a substantial discount?

Speaker 21 (01:48:15):
No, I would, Well, you were given a discount, but
I was making payments on both of them. But I
fulfilled both contracts.

Speaker 5 (01:48:24):
Like, Okay, I see what you're saying. No, I see
what you're no. I know what you're saying. Okay, because
there is a monthly payment I paid for each child,
And you're right if you got to the end of it,
you paid it up, and then there was still treatment
to be done. That's very unfortunate, very unfortunate. I mean,
I don't know what to say when when when businesses closed,

(01:48:45):
they close, and you know, as long as there's no
fraud involved, and I don't think there was, and I
don't know the reason, but perhaps someone if they know.

Speaker 14 (01:48:55):
Uh.

Speaker 5 (01:48:56):
In fact, I don't know if I still have his number,
I might want to try calling him three h three
oh seven to one three talk. Yes, go ahead.

Speaker 21 (01:49:06):
When you say I need to get in touch with
the bankruptcy court, I mean, is that something that I
should first do or am I just.

Speaker 6 (01:49:14):
Out of luck?

Speaker 7 (01:49:17):
Well?

Speaker 5 (01:49:17):
No, if listen, you're probably out of luck even if
you do get a hold of a bankruptcy. I don't
know if they did file. I read somewhere that Neo
Early Orthodontics filed for bankruptcy, okay, And I don't know
if that's sure or not. It says here it was Friday,

(01:49:37):
January twenty fourth due to UNFOERC certain circumstances. But I
don't see. But I saw somewhere where they did go
bankrupt and if they did, then all of the claims.
All of the claims have to go through the bankruptcy court.
So if they went bankrupt, let me just see here,
hold on, I'm trying to find it. I think they filed,

(01:50:04):
but you're gonna have to search the bankruptcy records to see.
Let me see update update here, hold on, local, let's see.

Speaker 15 (01:50:16):
See.

Speaker 5 (01:50:16):
And then there's people. There are people. Yeah, you make
a claim with the bankruptcy court, but there are people
who claim who are claiming they went to the Attorney
General's office. I mean, look, if there's nothing you can do,
they say they're investigating. You know, that's a bunch of crap.
I doubt anything was done on purpose by this guy,

(01:50:38):
and I'm sure we're gonna find out. But anyway, I
believe they did probably file for bankruptcy, although I can't
find it live on the air right now. I'm sure
if you start googling or asking, you're gonna find the
case and then you just contact the court and put
in a claim. But I'm gonna be honest with you,
you're not gonna get it. You're not gonna get paid.

(01:51:00):
I mean, there are probably a long line of creditors,
and in a bankruptcy very seldom are individuals ever satisfied.
It's just an all around unfortunate circumstance. But if you
take your total losses, let's say you have to pay
an extra two grand for your son and an extra
two grand for your daughter, you're looking at four grand.

(01:51:21):
That's your total loss. So I mean, I'm not saying
be happy with that, but man, it's certainly better that
at least you got some of the services. But there's
nothing you can do. Whenever people go out of business
for a legit reason, there's nothing you can do. That's
why I always preach, do not pay in advance, do

(01:51:48):
not pay more than you need to, don't ever do that.
And again, what I did was paid monthly payments for
my kids, and I don't remember me paying in advance.
I pay eight monthly payments and when they were done,
I stopped paying the payments. So I'm not sure what
kind of contract you had. And again, it doesn't matter.

(01:52:10):
They're out of business, okay, they're just out of business.
Three oh three seven one three talks seven one three
eight two five five. We got more coming up. By
the way, people are asking how to get a hold
of Dan mackenzie. I gave that number out. I can
give it again, Mackenzie. He's a state law he was
our expert A three three co plans go with a

(01:52:38):
sure thing Denver's best roofer Excel Roofing dot com. You
don't pay a cent until you're content. Time for an
insurance check up free, no obligation. In comparison, call Compass
insurance paying too much your coverage at dozens of insurance
companies find out now three oh three, seven to seven
to one. Help. You'll think you're his only customer when

(01:52:59):
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 Martina here,
Welcome to the show. We got some follow ups. I'm
going to take Depfe Dimitri first, speaking of dental. It
was a dental problem we were talking about, Deputy d

(01:53:23):
Let's recap first, as I like to do the original
problem and it was Stephanie And could you explain what
the original problem was?

Speaker 2 (01:53:32):
Yeah, you may recall that Stephanie called us on the
seventh and she went to a new dental office that
did some diagnostics and did a whole bunch of work,
deep cleaning and something else, and Stephanie kind of got
the suspicion that it was unnecessarily done. So what was
unnecessarily done, the deep cleaning and something else.

Speaker 5 (01:53:55):
Yeah, she was very distrustful of the dentist.

Speaker 2 (01:53:58):
Yeah, she was very, very suspicious. So she got a
second opinion.

Speaker 5 (01:54:04):
But and so her main beef was that the Loto
Dental they offered her free X rays and then they
diagnosed her with six cavities and gum disease, and she
got a second opinion which says she did not have
cavities or gum disease. So basically, she's saying that she
paid for services that were inadequate because they diagnosed her.

(01:54:26):
But what is this six hundred and sixty nine dollars
she wanted back?

Speaker 2 (01:54:31):
So that's the that's the portion that she paid for
the service. Some of it was covered by a dental plan. Wow,
some of it so.

Speaker 5 (01:54:38):
Well, I would want my money back too, if, in
fact I was diagnosed with stuff I didn't have.

Speaker 2 (01:54:43):
Right, But the question I had for her when I
spoke with her after her call was in the context
of this, if you ask two doctors for their opinions
you're going to get three different opinions, right.

Speaker 5 (01:54:55):
So cavities are not an opinion.

Speaker 14 (01:54:57):
Well, in my case they have been.

Speaker 5 (01:54:59):
So oh wait wait, you mean someone can identify a
cavity and someone else says it's not a cavity.

Speaker 14 (01:55:04):
That's right. That happened to me.

Speaker 2 (01:55:06):
Well, come on, and coincidentala, it was on six of them.
And so somebody did recommend that I had six cavities filmed.

Speaker 5 (01:55:14):
And they were not cavities.

Speaker 2 (01:55:16):
Well, I'm still not sure what they are. But my
other dentist, whom I've had many years of experience with,
said no, there are two or three of these that
we can put some kind of a filler or varnish
on them. So he says, they're not quite cavities, but
they will become cavities if you leave them alone. So
we did that many years ago, and they never turned

(01:55:37):
into cavities. And once in a while I have that
varnish or some kind of a covering on them. Redone.
But anyway, what Stephanie and I agreed to do was
that she's actually going to go get a third because
these two were in conflict. But none of us really
know which one is more correct than the other. So
she was planning on that sometime this week or next week.

(01:55:58):
But she just texted me a few minutes ago and
they said that, hey, listen, thanks for your help. Low
Doo Dental just to agree to refund me my entire
oh wow service fee. So we don't need to follow
up on the third opinion. But I have a feeling
if we got the third opinion, it would have been
in conflict with the first two anyway.

Speaker 5 (01:56:18):
I see, I did not realize that dental. I mean,
cavities are an opinion. For God's sake, it is it.
It's absolutely and cavity's are holes.

Speaker 2 (01:56:29):
Well, but the matter is, I think what's an issue
is the depth of that hole, right, and when it
needs to be treated, When it needs to be treated
as a cavity, and when does it need to be treated.

Speaker 5 (01:56:40):
She's got a full refund. Yeah, so that's pretty darn
good you did. I don't know if you deserved a
dinger or just a dinger of destiny.

Speaker 14 (01:56:47):
I did very little on this matter.

Speaker 5 (01:56:50):
Yeah, but we'll do the dinger of destiny. Just because
she contacted us, Deputy Bow has a follow up. Deputy Bo,
let's just recap this one this one was a biggie.
Don called in and it's his toes were crooked. He
went to the Bunyan Cure Little Tin for surgery. The
condition came back. Now he was not blaming them for

(01:57:12):
the Kitshen condition coming back. He simply wanted more treatment
and they ghosted him.

Speaker 13 (01:57:19):
Yes, he had the procedure done like I believe, eight
months ago, and he's a very reasonable person. He spent
over around twenty five thousand dollars and he just wants
his Bunyon or.

Speaker 16 (01:57:34):
His toes straightened out. And they were ghosting him, not
calling him back.

Speaker 13 (01:57:40):
And so during the break I made a call around noon,
I got their answering machine.

Speaker 16 (01:57:45):
Then after the show, I called again at two o'clock.

Speaker 13 (01:57:47):
Talked to the receptionist and just told her who we were,
that we're on the air, and just all we wanted
to do.

Speaker 16 (01:57:54):
I don't want his medical history.

Speaker 13 (01:57:56):
I just want your doctor office to Bunyan Cure, the
manager to call your patient and just try to get
him back.

Speaker 5 (01:58:05):
That's really all we wanted. We're not looking to interfere
with the care. So what happened at.

Speaker 13 (01:58:10):
Four o'clock yesterday the doctor called our caller Don and
he's going in this afternoon to get a reigation. So
the Troubleshooter Show was able to get this buy mean
cure offter.

Speaker 5 (01:58:25):
But that's really good. Now, you know what, Why were
they ghosts in the guy?

Speaker 16 (01:58:31):
I don't know. I didn't get this.

Speaker 5 (01:58:32):
It's not like the guy was blaming them. It wasn't
like he was looking for anything special. He just wanted
follow up care. For God's sake.

Speaker 13 (01:58:39):
If it was me, I would have wanted my twenty
five thousand dollars back.

Speaker 5 (01:58:42):
You get your dinger, you get the dinger for that one,
not the dinger of destiny, but a specific dinger, dinger Dinger.
So anyway, bottom line is this neo. I'm getting some
other people who have They were very upset that Neil
closed because apparently he had a lot of open cases

(01:59:02):
with people who paid in advance, very very unfortunate. I
just I refuse to believe there's any kind of fraud
at all involved. In fact, yeah, I don't think so
at all, because if you think about it, yeah, I

(01:59:23):
don't know. It just doesn't make sense to me. Why
would someone open themselves up for that, especially someone who
had been in business for what forty years? And never
had a problem so three oh three seven one three
eight two five five. Remember Genesis Total Exteriors also does
mold detection and remediation. Genesis Tootalexteriors dot com. Go with

(01:59:54):
a sure thing Denver's best roofer Excel Roofing dot com.
You don't pay a cent until your tenth 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. Help.
You'll think you're his only customer when you choose Frank

(02:00:17):
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. Let's talk to Judy with State
Farm Insurance. What's going on? Judy? Hi there, Hi, what's happening.

Speaker 22 (02:00:48):
I'm having problem with State Farm and I've heard you
guys saying that they are the worst, and I totally
believe you. I had what's the problem on Tucy? I
had XL come out and clean my gutters out and
they said I needed a new roof. So Jack from
XL called my agent and they said that I had

(02:01:10):
till the twenty ninth of this month to get the
gutters cleaned out and the trees trimmed or they will
cancel me.

Speaker 5 (02:01:21):
But Judy, I need to know something. Excel Roofing said
you need a new roof. That doesn't mean insurance pays
for it unless it was caused by a hailstorm or something.
So why did they say you need a new roof.

Speaker 22 (02:01:35):
Because it's missing all kinds of shingles?

Speaker 5 (02:01:40):
Well, okay, but that's not an ensurable event unless something
caused it. What caused it?

Speaker 22 (02:01:46):
Well, I'm thinking maybe the hail of last year. But
I didn't. I had nobody go up and lost.

Speaker 5 (02:01:51):
Yeah, but you don't. You don't just get You don't
just get a new roof. Listen. We are under a
mistaken impression in Colorado that we don't pay for roofs,
that they're all insurance claims, and they're not. If a
roof has missing tiles, if a roof is deteriorating, you
need to pay for it. You don't. You don't get

(02:02:12):
to get an insurance claim. Listen. I don't like State
Farm and maybe they are screwing you. But unless this
damage can be pinpointed and tied to an event, you
don't just get to pick a storm and say I
think it was this storm. You don't. You don't get
to do that. You have to have almost certainty that
a particular storm caused a particular damage. And then the

(02:02:34):
question is why didn't you Why didn't you tell them
before this? So do you know that you guys experienced
a hailstorm in your neighborhood within the last year, because
you can't go back more than a year. So in
the past year, did you have a major hailstorm or windstorm? Yes?

Speaker 22 (02:02:57):
I couldn't tell you what.

Speaker 5 (02:02:58):
Okay did it? But okay, but did Excel Roofing say
you had hell damage?

Speaker 22 (02:03:08):
Jack didn't say. He just you know, he went up
there and he took pictures and sent them to me
and said I definitely need a roof and that every
time the wind blows, they flap and blow away.

Speaker 5 (02:03:25):
Right, Judy, that doesn't sound like hail damage to me.
That sounds like an old roof. How old is your roof?

Speaker 22 (02:03:36):
I couldn't tell you because my husband passed away three
years ago and he always handled that stuff.

Speaker 5 (02:03:43):
Do you have any idea the last time you had
a roof done, any idea at.

Speaker 22 (02:03:47):
All, It's probably been at least ten years.

Speaker 5 (02:03:53):
I'm guesstimating, well, okay, your roof should still be good
after ten years. You know what, I'm kind of disappointed
that you didn't get more details from Excel. We really
need to talk to them. Do you know the person
that you talk to at Excel Roofing.

Speaker 22 (02:04:11):
Yes, I do. His name is Jack.

Speaker 14 (02:04:13):
I think she said Jack.

Speaker 22 (02:04:15):
Yeah, Jack Barr. I think it is the ar RS.

Speaker 5 (02:04:24):
We're going to that's good, we're going to talk. Let's
do this. I want to talk to Excel Roofing. Let's
try to get them on right now if we can,
and if we can't, we'll continue this. But my plan
is to talk to Excel Roofing and find out why
you need a new roof. Did they say why? Did

(02:04:46):
they say you have hail damage? Did they say you
had wind damage? Did they say anything at all?

Speaker 22 (02:04:53):
He said it looks like wind has blown the tiles off,
because he says, okay, some of them are losing and
they flap in the wind, and we've had horrific wind.
I live in the city of Sheridan, yeah, but.

Speaker 5 (02:05:08):
Okay, But unless you had an event like a wind storm,
wind occasionally blowing tiles off, that's a lack of integrity
of the roof. Insurance doesn't cover that. Insurance would cover
a windstorm, a hailstorm. It doesn't. It's not a guarantee.

(02:05:29):
Insurance is not a warranty. I mean, you're gonna lose
tile from time to time, You're gonna lose granules from
time to time, Your roof is gonna wear out from
the sun from time to time. But that doesn't mean
that insurance pays for it. Now here's what I want
to know. You called about State Farms. So did you

(02:05:51):
call them and ask them to inspect your roof?

Speaker 22 (02:05:56):
Mike told me that they had an adjuster out here earlier,
and they sent me a letter, supposedly in March. I
don't remember getting a letter from him.

Speaker 5 (02:06:07):
He well, what what? Just tell me they rejected your claim.
They denied your claim.

Speaker 22 (02:06:14):
He hasn't filed one yet. I don't think.

Speaker 5 (02:06:18):
Who hasn't filed one. You're the one that files it.

Speaker 22 (02:06:22):
Well, I asked Mike, I want.

Speaker 5 (02:06:24):
To help you. Who's Mike? Who's Mike? Judy? Who? No,
It's okay. I want to help you. Who's Mike State
Farm Rep. Okay, now that rep does not claim, you're
the one that files a claim. You have to literally
file a claim. But you're not going to get covered.
I think you're gonna have to pay for your roof.

Speaker 22 (02:06:48):
And Jack said, it's like twenty five thousand dollars. I
don't have that kind of money.

Speaker 9 (02:06:52):
I don't.

Speaker 21 (02:06:53):
I barely have.

Speaker 22 (02:06:54):
I think I have six hundred dollars to my name.

Speaker 5 (02:06:58):
Okay, is your house paid for?

Speaker 22 (02:07:02):
Yes, it has been since nineteen ninety five. I've lived
here since.

Speaker 5 (02:07:05):
That's wonderful.

Speaker 22 (02:07:07):
January sixty seven.

Speaker 5 (02:07:10):
Judy, I'm gonna we're gonna here's what we'll do. First,
We'll contact Excel to see if we can make it
a storm claim. If not, you then don't replace it.
But here's what's gonna happen. If you do get a hailstorm,
they're gonna claim your roof needed to be replaced beforehand,

(02:07:31):
and they're not going to pay for it anyway. So
we have a situation here. We could have a situation
here where if you don't pay for that roof, it's
never gonna get done. Now, are you getting any leaks?

Speaker 22 (02:07:48):
I have one in my bedroom.

Speaker 5 (02:07:52):
What you need to do is call Excel and see
if they'll at least do some repairs for you so
you don't have to redo your whole roof and if
they can at least repair the roof. And you have
no money. So how are you getting along? Rite? Your

(02:08:14):
husband died when Judy three years.

Speaker 22 (02:08:17):
Ago in May.

Speaker 5 (02:08:20):
I'm so sorry. How have you been getting along since?
Are you on Social Security?

Speaker 7 (02:08:26):
Yeah?

Speaker 22 (02:08:26):
And I get a portion of his pension, but it
doesn't go you know, It's like I get like, what
is it nineteen hundred dollars a month and I'm paying?

Speaker 5 (02:08:40):
So did State did State Farm actually turn you down? Well?

Speaker 22 (02:08:49):
I wanted to talk to Mike about that, and he
didn't have excuse my expression, balls enough to call me back,
so he sent his assistant to call me.

Speaker 5 (02:08:57):
And she and what did the assistant say?

Speaker 22 (02:09:01):
She said that it needed to be done, and I
had every right to cancel if the insurance policy if
I wanted to go with somebody else.

Speaker 5 (02:09:10):
Well, when she said it needed to be done, did
she say they would pay for it?

Speaker 22 (02:09:14):
Well, according to him, no, she didn't tell me anything.
Jack was told by Mike that the most they could
go would be six thousand.

Speaker 5 (02:09:26):
Well why I don't understand that. Why did they say
they would pay six thousand?

Speaker 22 (02:09:32):
I don't understand any part of this, to tell you
the truth.

Speaker 5 (02:09:37):
Maybe that's what they see in repairs that they're responsible
for due to some of that wind. But they're saying
they're not responsible for the whole roof. We're going to
have to investigate this for you. Okay, who wants to
help this lovely lady out?

Speaker 16 (02:09:52):
I know about State Farm?

Speaker 5 (02:09:54):
Okay, but it's not But don't say you know about
State Farm because it may not be their problem. I mean,
look at I'm not looking to give them a pass,
but if this woman has a deteriorating roof, it's not
an insurance event. We are blinded in Colorado. We believe
that roofs should be paid by insurance companies, and it's
not true roofs wear out.

Speaker 13 (02:10:15):
But Tom, when you agree that she needs to get
the adjuster out to look at it.

Speaker 5 (02:10:19):
Of course, but he's been out there and said they'll
pay six grand. So what I think is I think
the adjuster saw some tiles missing from wind and said, okay,
we'll pay for those repairs. I'm not sure. First, what
we have to do is get Jack on from Excel
Roofing to address this if you can help us arrange
that book. Got Henry Henry on right now? Okay, does

(02:10:42):
Henry know about this case? I need to get a
few more bits of information, but he will well do
that for me. Oh, he can address this case specifically.
Look at Excel Roofing did nothing wrong except cleaner gutters
and say you need a new roof. What I want
to know is have they determined the cause of the
news roof the extent of the new roof? Will six

(02:11:03):
thousand dollars at least make the repair she needs so
she doesn't have leaks. We need to help this woman
because she doesn't have forty grand or twenty five grand? Yes,
go ahead.

Speaker 15 (02:11:14):
Did she get a heat lock?

Speaker 9 (02:11:15):
I mean she's been there since ninety seven. I'm sure
the house has increased traumatically and she.

Speaker 5 (02:11:20):
Can Okay, she might be able to get a hea locked,
but she has no income. She has no income.

Speaker 14 (02:11:26):
Time.

Speaker 2 (02:11:26):
I think there's a more urgent matter because Judy mentioned
at the beginning of her phone call that State Farm
is about to cancel her if she doesn't do certain
maintenance work.

Speaker 14 (02:11:35):
Is that right?

Speaker 5 (02:11:36):
Judy, Judy, I don't know what happened at Judy. Did
they say that you have to do certain things before
they'll cover you? Did they say they were going to
cancel you, Judy?

Speaker 22 (02:11:52):
They said if I didn't get the trees trimmed and
the gutters cleaned, which I have done, they would cancel
me on my ninth.

Speaker 5 (02:12:02):
Okay, so did you get your trees trimmed? No?

Speaker 22 (02:12:08):
I haven't been able to find anybody. They won't return
my calls.

Speaker 5 (02:12:12):
Who won't return your calls?

Speaker 12 (02:12:15):
Well?

Speaker 22 (02:12:15):
I had Cambyan, Yeah, I had Cambyan Arbors do it
last year, and she.

Speaker 5 (02:12:22):
Has Do you have let me ask you something? You
say you do you have any spare money at all
for repairs you're gonna need around your house?

Speaker 22 (02:12:32):
I have six hundred dollars in savings towards my remainder
of my property tax. I owe a thousand dollars on
that in June, and I have six hundred dollars. I
got to come up with another four hundred, Judy, doccad do.

Speaker 5 (02:12:50):
You understand though owning a How old are you right now? Judy?

Speaker 8 (02:12:56):
Eighty?

Speaker 5 (02:12:58):
I hope you lived many many years and I want
to help you, But you're going, but coming up? Who
knows what if something goes wrong in your home you
don't have the money to pay for it. Well, Judy,
hang on because I'm going to make a suggestion. I
think that applies in your case and very few, very

(02:13:20):
few cases where it actually applies, So hold on. We'll
also talk to Henriette excel Roofing more right after this