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Come Man Dix is the Troubleshooter Show.

No Tom Martino, Hey Tom Martino here.

If you guys are streaming, and I hope you are from time to time on YouTube, you'll see to my right, Dan McKenzie from McKenzie Law.

We'll talk about a state law a little bit, talk about anything you want.

But you know I I do this if Thanksgiving is always on a Thursday, right, so, but sometimes I take off a few days before.

Sometimes not Mark's gonna be and of course uh as well.

And I like talking about this time of year, what are you thankful for?

And I mean that sincerely.

I want calls from people.

And then also if you have problems, question complaints, like Ruble has an issue with a motorcycle, then we'll talk to Dan McKenzie about some estate planning things.

What I do is when I get emails, I put them away if they're not urgent for when my experts are here.

And I do have a few questions for him.

Plus I'm actually starting with him, and I'm going to give some real life scenarios.

I've done that with everything I've done with my water systems from Paul the Waterman, I gave real life scenarios when I do something with one clear Choice garage doors, Denver Region, when they did stuff for me.

All of these people I'm thankful for and I give personal experiences, and that's what I do.

I use each and every sponsor for real.

And Dan, of course couldn't tell you this, but I'm opening myself up.

Yes, I am going to him and we're going to talk about estate planning and things you can do.

I'm so late at this, you know, because I, of course I was going to live forever and then plan It's changed a little.

But in any case, let's go to Rubyl.

Hey, Rubyl, what's going on in your life?

What's happening?

How you doing?

Listen?

I bought a slingshot, like.

A more slingshot, a slingshot.

Oh oh, the three wheeler, yes, yeah, I like those things.

So I wanted to I wanted to upgrade it and speakers and put life on the wheels.

Yeah.

So I went to a shop and I got speakers, lights and uh.

Hey, by the way, by the way, did you get a new slingshot.

It's a polaris right, the people that make the snowmobile?

Right?

Yes, correct?

Two wheels in the front, one in the back.

It looks like a batmobile in my opinion.

What color did you get?

Blue?

Oh?

Cool?

Now can this?

This is only what a three season vehicle?

Basically?

Right?

Okay?

So what went wrong with the shop?

And by the way, I forgot to ask, or I did ask?

Was this new for you?

Is this a new slingshot?

Yes, it's it's not new twenty one.

But it's new to you.

It's new for you got it?

When did you acquire it?

But man less?

In a month?

Okay?

Now go ahead.

What problem are you facing today?

Is it with the shop you took it to?

No?

I was driving by in Washington where I've seen this shop where they sell stereos and stuff like that.

Okay, So I went and I and I was talking to me and he tells me.

He said, yeah, we put lights on the swing shots.

We do it all the time, we speaker.

I said, okay, Well, as I started, I ordered the lights and the speakers and it cost me two thousand dollars.

Okay, So you ordered this online or is it someone that you actually okay?

And where is this shop on one hundred parth of Washington.

Okay, what's the name of it?

Extreme Unlimited?

Extreme Unlimited?

Okay, go ahead with your story.

So I ordered the lights and I ordered the stereo, and which cost me two thousand dollars dollars, and I felt like it.

Was just now it is two thousand.

Was two thousand a deposit?

Or was that the whole shooting match?

Uh?

No, that was just a deposit that.

Okay?

Okay, where are that?

It was too high?

So where do we stand right now?

Ruble?

You put two grand down?

When did you make that deposit?

Uh?

Well but a week ago?

Okay, so two weeks ago.

What's going on?

So I went back to him and I told him, I said, you know what, I decided that I don't want I don't I don't want to.

Oh so you changed your mind?

Yeah, and then they wanted to Giuse.

They were going to talk in another two thousands to put them on.

Okay, but but kind of Ruble, it's kind of weird.

You ordered him, and then you then you decided you didn't want them, And I don't know if you signed anything.

I don't know what the contractual arrangement was.

But did they order stuff for you, Rubel, or did you just cancel before they could order it?

No, they ordered it.

They ordered they only ordered two parts.

Okay, so how what are you calling about today?

Because uh I, I I did it, and I took the two parts that that that you couldn't send back and I ended up having to keep the lights and the.

Stereo and the waves.

So so you did get all that stuff?

Did you get all that product?

Do you have it in your possession?

No?

Not now, because what happened was is that when he didn't take it back, he wouldn't take it back.

I had to get store credit.

The real kid on the lights was twelve ninety nine, and when I looked up the part, it was only like four hundred bucks.

Yeah.

But see, here's the problem.

I'm going to let you guess at the problem.

What is the problem?

You tell me what the problem is, Ruble.

You ordered this stuff and then you changed your mind because you found out he's charging too much based on your searching.

The problem here is that you did your searching and your research after you already bought it.

So the question is the question is and I'll ask our legal mind here as a friend, and he's here for the show, and I'll just ask him because he is an attorney.

In general.

I dan McKenzie by the way, McKenzie law for estate planning.

But on this case, it seems to me, Dan, what did the guy do wrong?

I mean he ordered the stuff then changed his mind.

I don't think the shop, I don't know.

What do you think?

Yeah?

I mean it, man, It depends on your agreement.

I guess I didn't catch was already sort of written.

Good, good point.

What in writing, if anything, do you have or you know?

So the way it stands right now, let me get this straight.

The way it stands right now.

The two grand that you paid got you the materials that you get to keep.

Is that right?

Right?

Correct?

But you think you were overcharged for the materials you got to keep, even though he's willing to let you keep the materials.

You're saying I paid way too much for this stuff.

Well, well I did it, you know, because I kept it.

But the wheel kit when I got it, it didn't pit the sleek shot because I took the sleek shot to have the lights put on with somebody else with the company.

I bought the sleinkshot with but okay, it didn't fit.

It was for a trump, not a sleek shot.

Oh so, so the the lights and stereo?

Now you're talking about a wheel kit?

Yeah, which is the light?

Oh?

Okay?

Oh okay, so the lights?

Okay?

So will they order you the right stuff?

Where does it stand right now?

Will they order you the right stuff?

Well?

Why if it's the wrong stuff, why won't they just order the right stuff?

To me?

Hold on a second, who do we have in today, Kachina?

I have Deputy D sitting here with me.

Who do you have in anyone, Kachina, Shannon, anyone in the studio?

We got any of my deputies?

Uh?

If I could find out, that would be good.

I'm gonna just d Let's maybe we just call over there to oh is he in the studio?

Good?

I'm gonna give this to Bo.

I'll give this to Bo.

But Rubel, hold on, what we have to do is just figure out.

It seems to me you bought the stuff, okay, And whether or not you paid too much, that's whether you paid too much or not is not the issue right now.

It's too late for that.

But if they ordered the wrong stuff, they should order you the right stuff.

So Deputy Bo, why don't you take a stab at this and see what they have to say about it.

I'll give a call over there.

Good all right, but now let.

Me finish explaining before you call.

Go ahead some So.

What happened was I decided I decided to take the car and have everything that he gave me to be installed at or.

I bought the car right right, So so I took him back the wheel kit and I told him, I said, look, I don't I don't.

You ordered the wrong ones.

I already ordered through the shop that I bought the car with.

I already ordered the wheel kid right, so I paid, I paid twice.

So I told the guy, I said, look, I don't need these.

These are the wrong ones.

He sold me for a truck for Cark wheels and this car is only a three year I says, I just want I just wanted money back on these.

I said, I did the rest of it, but.

I get money.

And what did he say?

Now?

He said no, he said in store credit.

Okay, So that's where we stand.

You got the right part, you got the right part from the installers, but now you want more than you want a refund.

You don't want to store credit if he ordered the wrong stuff.

If if he ordered the wrong stuff, I agree with you.

Why don't you hold on, Deputy Bow I agree with him, if they ordered the wrong stuff.

It seems weird to me that they're trying to force him to take store credit.

Gabriel wants to talk about a credit card.

Johnny wants to talk about a Motel six.

Anything on your mind, give us a call.

I'll take these calls right after this.

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Martino here, Welcome to the show with Major Mark Major, who's gracing us with his presence for a little while today.

And then I imagine he's busy, and a lot of people are busy this week.

I want to know what people have to be thankful for, and I really want to ask that, and I want people to tell me Gabriel has a problem with a credit report, or excuse me, Johnny's next, Johnny, Motel six, then, Gabriel.

What's going on with Motel six?

Johnny?

Hello, Tom, thank you for having me.

I'm just having some problems with them because we've been staying with them for three weeks.

Now, why are you at Motel six for three weeks?

We're homeless and this is the closest seen all the best situation for my wife and our dogs and us.

Okay, and go ahead, Johnny.

What's going on?

So we've been staying here for three weeks and they yeah, that's five dollars a week and there has been no hot water.

Water.

Well, that's they've been telling me.

They've been telling us Monday through Friday daily as we've been calling that they're they're looking.

They got the part.

They're going to put it in today.

What do you do?

What do you do for showers and stuff?

For Have you not had water?

Are you telling me for three weeks you haven't had hot water?

I probably took two cold showers in that time.

Are they giving you any kind of a credit or anything for that?

Nothing.

Nothing.

I can't believe Motel six is five hundred bucks a week?

Am I the only one?

Just flabber as you know what that you know what I guess that is that is a.

Place that they were like nineteen bucks a night.

Wait wait wait wait, I was thinking five hundred a week is cheap?

Wait oh god wait Motel six.

Yeah, Well let me ask you something, Johnny.

Why is it five hundred dollars a week?

Five hundred is the discount that's with my Motile six membership, so it's cheaper that way.

It's normally over five hundred, closer to six.

I'm shocked Motel six has a membership.

Yeah, just to say you like fifteen s Johnny.

So what do they say?

When are you going to have hot water?

They're just it's still the same.

I think they're saying it's going to be today.

But that's what they've been saying for a couple of a few weeks.

Now, Johnny, this is bow.

Does the whole hotel not have hot water?

All a residents?

Jar as I.

Know, as far as I know, the whole building is out should get that.

I have asked other people staying here and they said, well, have they.

Okay, here's here's the big thing, Johnny.

And here's something that people should understand.

If it's broke, you fix it.

It ain't magic.

So why the heck aren't they What excuse could they possibly have bow for three weeks?

Do they have boilers?

Johnny?

What kind of heat do you have?

Do you have hot air or do you have more of a radiant heat?

What kind of heat do you guys have?

The thing is we have a unit of air conditioning and the heater unit inside the room area.

Okay, I get it.

That's what's pump.

That's the heat.

Okay, they'd probably have a water heater.

Tom, it's like two or three water heaters the whole building.

Probably the hot water that's not working.

Hey Tom, Hey go ahead, Hey man.

So I well, you guys were talking.

I checked the Motel six website.

This is the one on West eighty third Place up in Thornton.

Yeah, And I said, what whw did you know that?

Well?

He said he was according to Coltrainer, he's he's on Thornton.

Okay, so according to their website.

And I made like a you know, a reservation, you know, not I didn't connect.

I got it, it's fifty nine.

Dollars a night.

So how did we come up with five hundred bucks a week?

And how many rooms?

How many rooms are you renting, Johnny?

Just one?

Okay?

So on their website it's fifty nine bucks a night, Johnny.

How did you come up with that price?

That's the price they came up with, because I come up with the price that's on my my my sixth app which came up to like four hundred and thirty six dollars.

Yeah, what didn't.

Well, they might be come on, guys, they might be margin for the dogs too.

How many dogs?

It says pets stay free on the app.

Pet's allowed, ket's stay free, So kids stay free?

Hold on a second, Do you want to give him a call over there, Deputy.

D I will, but I have one more question for Johnny.

Move to a different motel that does have hot water.

It's it's a hard situation because we're not mobile.

WHOA pretty much?

Just and I've got a little follow up to Dimitri's question there at five hundred bucks, your average month is going to be two thousand bucks.

I would assume you can get even in Colorado, especially in Thornton, a decent apartment.

For two for one.

Yeah, Johnny, Johnny, we have a bunch of questions for you.

Let me ask you real quick, the lightning round here.

Okay, how did you become homeless?

And how long have you been homeless?

We've actually just been homeless for the last three weeks.

We had an apartment and what happened We fell behind on rent and we pretty much found an apartment across the street from our old one, and we were almost ready to move in, but our check stubs didn't get approved right away because of new jobs, so we had to wait a month.

Let me get this straight.

You and your wife, you and your wife, for you and your wife are both working right, yes, okay, and you can afford obviously five hundred dollars a week.

Yeah, we're struggling, but we're doing it to me just to maintain.

And what are you doing for food?

Eating cheap?

But we have no hot water, no microwaves, so we get a lot of like stuff like you know, cold sandwiches and stuff from the seven to eleven next door.

Okay, thank gotcha, gotcha?

So what's your long range plan?

Johnny?

I was hoping to remain anonymous because we are going to be staying here for longer.

We were just hoping to get the water fas you know, we want this.

The other one was hoping that staying anonymous.

You don't want us to rock the boat?

Is that what you're saying.

I would love if he used to rock the boat and not mention my name because I am.

I'm on the Yeah.

But will they know, Okay, I'll come over.

How many people?

How many people are affected by the way.

I would guess this whole hotel?

Everybody guess that's staying Bo.

You just said you'll call over there.

I want to find out he doesn't want to call attention to himself.

Johnny, will they figure out it's you or not?

I mean, have you been making a lot of noise?

If?

Okay, okay, okay, Bo, If you want to take this on too, man, that's fine with me to call over there, because I know what Bo's thinking.

Both thinking, let's fix the damn thing.

Let's go fix it.

And Johnny real quick, if you if you had like a security deposit, could you get into an apartment?

I mean, what's the hold back right now to actually getting into a better circumstance than Motel six.

That's stubs.

That's what's holding us back and subs.

So it's just it's for verification.

I guess I don't know what that means.

What does that mean check stubs, verification of.

Incomes, proper hours.

We're not getting enough hours.

They're saying, Oh, you're not making quite enough yet, keep working and compot, Johnny.

I think you should talk to the manager and least get a significant discount on your weekly rate for no hot water.

Oh they know, they got these people over a barrel.

These these don't know weekly hotels.

They're crooks in my opinion.

Yeah, we spoked a manager and they said there's no refunds.

Well, I'm not talking about refunds, we're talking about discounts.

You don't have any hot water, you know.

Both go robing over there and tell them it's us and tell them, tell them we're hearing from a number of people or whatever.

I don't know what you tell them, but don't tell them anything that'll I got it, I know I don't.

All right, good, let's find out what Bow finds out right after this.

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Gabriel, what's going on with you?

Gabriel?

You're on the air.

What's happening?

Brother?

Hey?

Tom?

You know about thirty years ago you helped me in a situation I was in, and here I am thirty years later.

You know what, you only get I only get to help you once every forty years, so you got ten years to go.

Anyway, what's going on, Gabriel, what's happening?

Uh?

I got my credit report from Emperian and suddenly it dropped fifty points.

Uh.

For decades, I've been at eight fifteen, which is exceptional.

Oh my god, it's better an exceptional your way eight fifteen.

Yeah, you can only go to age fifty, So I know, you know, I've just been standing at fifteen, but this drop.

I went to every line in this report, and every line in this report says never late, always paid on time, no new accounts open.

There's nothing that indicates any reason why.

About the amount of credit out.

I don't know about that.

I mean something's.

Changed, which, by the way, just on that vein that Mark's talking about, and Mark, you can continue, but I just want to mention this really quickly.

If people could see their dynamic credit score every day, they would see that it changes almost daily.

Of the FIICO now it hovers around a certain number.

You know, some people might have seven to twenty give or take, six forties give or take.

You had eight to fifteen, give or take.

But it does change.

I don't know about the fifty points.

Mark.

That sounds like a lot.

Well, if you had, for example, a card and you closed that account, and that card gave you thirty thousand dollars of credit and you closed it, that could be a massive effect.

If you had a lot of money on different cards at one time, that now made an effect.

Mark's talking about credit utilization, And I'll put it this way.

If you have let's say ten credit cards and ten thousand dollars credit limit on each, you have a total of one hundred thousand dollars in credit available.

Now, So if you have one hundred thousand dollars of credit available and you use ten thousand dollars of it.

It doesn't matter on how many cards.

But you only use ten thousand of one hundred thousand, that's a ten percent utilization rate, which is excellent.

They don't like when you start approaching fifty percent utilization.

So one thing Mark and I would counsel people on is when they had credit cards, and what they should do is get more credit.

They don't use it, but they have it available, and by having more credit available, you have less of a number for utilization.

And the lower the utilization number, the better off you are.

Unless it's zero utilization, then it doesn't build any credit.

It's weird.

Mark, what have you found as far as utilization, Well, it doesn't matter.

It changes so much like when I pay a big advertising bill on one of my cards, say I pay forty thousand dollars, my credit will literally drop even even though I just made the charge.

It's not due.

They know I never hold a balance.

It can drop thirty points without blinking.

Then as soon as I pay it off three or four days later, it's back up.

Yep.

Yeah, you know, Mark, I can talk to that point by.

Hold on, hold on, what were you gonna say?

D you know about three months ago, one of my credit card companies offered me an upgraded card with like better rebates and better benefits and that.

Sort of stuff.

I accepted the offer.

So what they did is they closed my other account, made marked it, paid in full as agreed, and opened a new one.

And that month, my credit score dropped fifty nine points for doing one for accepting their offer for a better credit card.

Same issue.

So I switched from one credit card to another from the same issuer.

And then a few days later I get one of those credit monitoring alerts from that same company that says your score has changed.

I log in, it was minus fifty nine points.

It took two months for it to go back to where it used to be.

And here's one thing I can tell you.

I can tell you I think that FICO is next to God somewhere because you can't fight them.

Ever.

I have never, ever, we've never been able to figure out FICO first of all, and it's like it's like AI artificial, how do you figure it out?

They somehow have what they used to call AI algorithms to figure out what your score should be, and it changes dynamically and you will never like like if you were calling me saying tom My score dropped fifty points.

I'm pissed off.

It shouldn't be.

I want to get it back up again.

There's no one, there's no one person.

There's no mister Fco, there's no Fyco incorporated, there's nothing.

Seriously it is.

People don't realize all the different There's like fycoad, Fyco nine, Fyco ten, Fyco ten, t, Fyco five, Fico four, Fco two.

There's different ones depending like if you're going to buy a house, they're not going to pull like a FIGHTO eight that's usually just used for credit card companies.

There's also vantage scores.

There's vantage three and four point oh, and those areas you.

Can grow up, you can grow old thinking about it.

But with some somehow somewhere that Fiico gets changed.

Is it all automated?

Yep.

Now the suggestions that I have found for people in the past, I look up by my databank here.

If he doesn't have anything new or anything.

Credit utilization is going to be utilization, right.

Credit utilization can bump you twenty to fifty points just by going over a fifty percent utilization rate, or maybe if you were out of twenty historically.

Do you know what if you go over your own numbers historically, that's another negative.

In other words, if you historically only use twenty percent, you have set the bar for yourself at twenty percent.

So even though let's say thirty percent utilization is not bad for someone else, it could be bad for you.

Isn't that weird?

You set your own bar and they look at you and say, why did so and so use more credit this month than he did last month?

Even though the total credit isn't that bad.

Mark utilization has a lot to do with your profile as well.

It's crazy.

Yeah, it's everything, man, it's big.

People don't realize that if you close an account, I don't care what it is.

Something you don't use anymore that automatically makes your score go down, and you would go.

It just doesn't seem like it should be there.

Now, here's something that happened to me.

When I was looking at the calls, at my past calls, a note came up about me that happened with Nordstrom years ago.

My auto pay.

I started my auto pay and it took place.

It took effect in forty five days.

So I was thinking my next payment would be paid by autopay, but it wasn't forty five days later, which made the payment like fifteen days later some whatever it was, it was such that I didn't do anything wrong.

Nordstrom acknowledged I didn't do anything wrong, but my Fiico dropped dramatically and stayed until I built it back up again because it looked like I missed the payment, and Norstrom did not said they didn't.

They literally did not know how to fix it.

They said, we don't know how to fix it.

We don't know how to fix it.

And a lot of these creditors, they don't do it.

It's all automated.

We ought to dig into, we ought to dig into Fika.

But anyway, it could be that did you change any accounts at all?

Well, first of all, let me tell you I've only had like one or two credit cards for twenty years period.

Okay, I don't have a big income.

You know, I'm living in low income government housing.

Yeah, and I live a pretty tight budget.

But here's the other thing.

The other two credit reporting agencies they have me at the same eight fifteen.

It's only imperium.

And yes, people just screaming.

Bloody murder about this particular company.

Yeah, but hold on, yeah, hold on, you can find them screaming bloody murder about anyone you search.

Credit reporting agencies never have good reviews ever, so you know the fact that you're finding negative reviews doesn't mean that you found something or a glitch in their system.

You didn't.

I'm just being straight with you here.

In fact, I hate even telling you this, but it's the truth.

There's nothing you can do about it.

There's nothing you can do about it.

There's no one.

There's no one to go after.

It's crazy.

There's no one to go after.

I believe it because there's nobody that will answer a phone.

Nobody will talk to you.

I think there is no one.

Well, there is no one.

It's automated.

I'd like to know who calculates fyco scores.

You know who does it?

You know it's I'm typing that in.

I'm just I want to see what AI says about who calculates them, because truly, okay, no nonsense version it says here.

No, it stands for fair ISAAC Corporation, and they created the formulas and they license people to use it.

They do not calculate your score.

The ones that actually calculate your score are the actual credit reporting agencies, but it's all automated.

Have they put in their own criteria and then they measure your FICO according to their standards.

So anyway, yeah, I agree with you.

He he didn't like what he heard because you feel powerless, you do, and you are, by the way, give us a call.

Three h three seven one three talk seven one three eight two five five.

We want to know not only your problems what we can help you with, especially going into a long weekend from many of you, I also want to know what are you thankful for?

All of that?

Coming up on the Troubleshooter show your trouble Shooter three oh three seven one three talks seven one three eight two five five.

All right, So we have Dan Mackenzie with us Mackenzie Law.

He does his state planning and all of that.

And I say all of that there is a lot to it.

I mean, let's face it, there's a lot to it.

So Dan, I think a lot of people, maybe I'm wrong.

Is there a busy time for state planning?

I would say in my maybe not.

But around the first of year a lot of people think about things.

Do they think about a state planning or is there no such thing as a busy time?

Or can you expect an influx after the first or I haven't really noticed.

It's pretty even.

I think there used to be a lot of end of year gifting and stuff like that, when people are trying to get assets out of there.

It's okay, I see what you're saying, and a year's wings.

But now that's kind of gone because so few people have estate tax.

Concerns because of how much they are.

How much you can give away without an estate tax, and how much is that?

It's about to be fifteen million bucks per person, so a lot.

Now doesn't that go down to zero one day?

Doesn't it expire?

I thought it was a graduated each year they're the estate amount or.

It got adjusted in twenty thirteen and then again in twenty seventeen, and it goes up for cost of.

Living every year.

Oh okay, all right, so let's talk about why they come in.

I know why I came in.

Well, shoot, I was old.

I should have come in anyway.

Yeah, but I had a bout with cancer and there's nothing that says mortality more than cancer, and I thought I need to get some and done.

What brings people in what really, because I don't think as much as we tout or we talk about you need to get it done.

You need to get it done all I'll bet you it needs.

Some people need an event, like when they get a burglar alarm or you know, a security system at home.

It's usually because someone in the neighborhood got robbed or they got robbed and they get it after they got robbed.

What brings people in for a new state plan?

Similar, it's like people who have gone through a state administration for somebody else, so I had to deal with somebody else's affairs.

Ah.

That gets some people who are going on a trip soon or have just been on a trip recently, and they said, we had a conversation on the airplane, like what happens?

What happens if this plane goes exactly?

Yeah, vacations can do no seriously they things like that.

But the holidays not necessarily No.

And you know it's funny because we have like some blog posts encouraging people like, hey, the family is together.

You know this is actually not bad time to asking questions.

It's not like a topic people want to discuss.

But everyone's around.

I have a text here I got a question too.

When you get a second, All right, Mark, you do yours?

I have so dan a beneficiaries deed on a house.

Let's say like my parents put me as a beneficiary on the deed for their house and I end up passing away with them, so the three of us all die at the same time.

I know this is getting crazy, but because I was on there, does it automatically go to my estate?

Oh?

Dad?

Question?

Hold on, let's wait for that answer.

That's a great question.

He's on the beneficiaries deed, but they all die together.

Does it go to them?

Does it go to his estate and then to his heirs?

All of that coming up ripped up.

You need advice so you don't have.

Come run into a stas as we can.

Shooter is gonna help coming Man Dix is the Troubleshooter Show.

No, Tom Martine.

Hey, I'm Tom Martino.

Welcome to the show, and we have a burning question.

What happens if you're on a beneficiaries deed.

Now, let me explain what a beneficiary deed is.

It's designed to avoid probate and to uh transfer ownership of a home direct to someone else upon your death.

That there hence the name beneficiary deed, and Mark asked Dan mackenzie, our expert today, our attorney today, what happens if my parents put me on their home as the as the benefactor for the beneficiaries deed as the heir, and we're all killed together, does it go to his parents' estate or does it go to Mark's estate?

Man, that's a weird one.

So what is the answer there, sir?

So?

The answer is that in Colorado, you have to survive someone by one hundred and twenty hours, which is five days, in order to inherit from their estates.

If you passed away together, you did not survive them, and it does not going to your.

Estate, So it stays with the parents.

Correct, The beneficiary's deed stays with the parents then, and it doesn't.

Yeah, go ahead, proact the open up probate or someone pout on your behalf because you're dead, you would have.

Yes, somebody would have to open a probate for your parents to get that house transferred to whoever they're next.

Yeah, and it doesn't Okay, I see, And it doesn't have to be one of Mark's heirs.

It wouldn't be.

It would be there.

Well, in my case, it would be their grandkids.

I'm sure because I have no siblings.

Okay, so that's a very good question.

Now I want to go to the phone Sheila.

By the way, that's Dan McKenzie.

McKenzie Law eight three three seal plans.

I have a number of different questions for him.

But Sheila has a transmission problem.

Mark, why don't you you're the one that took this call with Jeff and Jeff Thick has enough tacup bring to me.

Go ahead.

I don't recall her exact issue.

What was it, Jeff, you're the one that kind of dived in it.

You have some codes come on, and she got to a limp in or darned your no move condition.

Uh, took to a shop.

I believe it was up north someplace, and they were trying to quot for a transmission.

But unfortunately that transmissions on national back Oh.

Yeah, yeah, it was on big time back order.

That's right.

Unfortunately we're in the same boat.

Yeah, I'm going to call right now with all.

Of the internal parts that we would need positively, and we're going to build that unit.

They're on back order on up right now too.

So right now that vehicle is a very large paperweight.

That's incredible how often this happens we hear it?

I swear ten years ago we never hear this stuff.

Yeah, I mean it's you know, of course, of the last two years, Toyota Lexus has been one of the worst when it comes to drive train and products being on backwarder.

Now, you know, is it COVID still?

For God's sakes, is that what happened?

You know, you can blame COVID for some of it, and I think a lot of the manufacturers and you know, other parts suppliers have learned that people were willing to wait, so that you know.

It depends on that's what it is.

What you've got.

As far as you know, it's cheaper to store everything in Cleveland as a post of Denver, so you've got to ship everything in because they're not paying on that inventory.

It's the new the new normal.

It's the new normal.

People put up with a lot and it never went back to how it was in many cases, so as Jeff said, they may not just manufactures and keep stuff.

In fact, Jep, I've heard of people having to wait for a run, a production run.

Literally they take orders, back orders, and wait until they get to a certain number before they even fire up the factory.

You know.

The other thing is there's nothing, there's nothing like federally required to provide.

Replacement parts for older vehicles.

Really, they could just say, screw it, we're not making these parts anymore.

Yeah, in about ten years that they do that, they make parts for that ten years, they start pulling them back and out.

I know, and I used to think that was a requirement ten years on parts.

But Mark, did you just look it up.

There's no requirement or are you just going from memory.

No, there's no requirement that they have to make parts, absolutely not.

Now, if it falls under a warranty, like they caught something in the emissions, they better have the parts.

Right right for warranty work, that's a contract with your buyers.

You have to have stuff to replace.

But other than that, that's why I tell people when you're looking for a vehicle, I love the parking lot research.

You see a car in a parking lot, you see somebody walk into the car.

Hey, how do you like that car?

How did it work out for you?

I mean, honest to god, that works.

And obviously that's code for talking to owners.

You talk to owners or go on forums.

You learn a lot on forums.

My goodness.

You go online and find out what problems people are having.

Beware though, of a small problem that turns into a big one because you have a loudmouth.

When I say go to forums, you want to look for deep seated problems, real problems, not just loudmouth smart.

Hey, hey, Jeff, I got to ask you something, man, So like if we were living in the Day of the Dead here or a zombie movie and you had to tear that thing apart and use other parts to make it work.

I mean, could you.

Actually make that thing usable or it's it's literally impossible.

I'm not saying, I'm saying if you had all the time and ye, could you make it work?

Yeah?

Is there something else you can use generally not?

I mean these things are very very specific.

I mean, the day of the Dad, I could probably find another parking lot and find another transmission to strip down.

But you know, if it's made for the U six sixty one a F and I need parks for a U six years I mean.

So her vehicle is useless.

I can imagine that the diagnosis that she got from the other mechanic yes, I have not seen the vehicle.

Okay, we've taken all that for granted as well.

And either way, did you try to source a used transmission by any chance?

A lot more specifics off the vehicle before I could, Sheila?

Did you did anyone look for a US transmission for you?

Yes?

The can you hear me?

Yes?

We can?

Okay.

So, yeah, the repair shop that I pick it to they looked for they tried to look for a used transmission, and yeah, they came up empty.

Okay.

I would give Jeff a call off the air.

Listen.

We're not saying, by the way that he can do it, but at least give him a chance because he's he sourced a lot of stuff for people in the past for US.

Kimmeer transmission give Jeff.

I'm sorry, I don't.

I don't have your number out in front of me.

She didn't put it up there.

Can you give us your number please?

That's three.

Zero zero, yeah, fourteen hundred, that's what it is.

Okay, So it's three oh three six nine three fourteen hundred and your website, Jeff, sorry.

Again, transmission to Denver dot com.

I love that Transmissions Denver dot com.

Okay, uh, three oh three seven one three talker is our number.

I want to go to Larry as a question for Dan mackenzie McKenzie law, stay planning, go ahead, what's going on, Larry?

Yeah, I have a question.

I have a question, thanks Dan.

Let's say my wife and I both have a trust and we both pass The beneficiary is our son, and within the trust there's four grown children that each are divvied out asset at a specific.

Time in their life.

What does my son do that, you know, the day he becomes you know the benefit the executors.

So it depends.

I assume you have titled stuff to the trust is as soon as he becomes aware that he is in a position to accept that accept that trustee job, he's still got to accept it.

He probably would, but you can't force it on anyone.

They draft a short docs man just saying I'm accepting this job.

They'd notify the beneficiaries.

I don't know if your grandkids are still minors.

If they are not, then they would receive a notification that they are beneficiars of this trust and at least the sections of the trust that are relevant to them.

So the summary is that they get told.

That their beneficiar is of this trust and what they can expect to receive.

But then there's a period of time I just making sure creditors are taken care of, and assets are found and things are probably liquidated.

But those are the initial stuff.

Okay, okay, So my question is does he go to an attorney to get that rolling or does he go to a state agency.

A state agency is not gonna be able to help.

You know, there's a lot of information out out there about how to do it.

Just like anything else.

You don't have to have an attorney.

Uh, you know, depending on how much you're handling.

I usually encourage people to give it strong consideration because there's a lot of ways to make mistake, and especially with trusts.

I mean, the.

Benefit of trust is there's no court involvement.

But on the other hand, there's really no one out there to guide you.

I mean that that's the point is to keep it private, right, So right, you do need probably some help to understand, like, Hey, I got to go out there and do some stuff and no one's going to tell me what I'm supposed to do if I don't go find it out myself.

I hope that helps bro Oh, okay, Larry three or three seven one three he talks, yes, Mark, go ahead.

After the break.

I got another question.

In fact, that guy kind of brought it up.

But a lot of people like, really, Dan, I mean, I've what apps if you wake up and your spouse is just no longer breathing, I assume you call nine to one one, Uh, they call the mortgage.

You know, really, what are the steps when someone dies?

Or or is a great questionings died in the facility or something.

It's one of it's one of the emails that I got that almost mirrors that completely marked.

They're asking, Okay, what do you do when someone dies?

In fact, that's that's a question.

Hold on, we'll come to that.

I'm Tom Martinez three O three seven one three eight two five five.

Guaranteed lowis price for furnace replacements.

Guaranteed lowis price.

You want to furnace you want to replace it?

Uh, or an air conditioner of course, now you're thinking furnace.

Renew home Innovations dot Com three oh three nine zer a four two thousand, three h three nine zero four two thousand.

That's renew Home Innovations dot Com.

Your Troubleshooter three zero three seven one three talk along with Major Mark Mouth, I mean major Mark Major and and uh, I want to get Sandy first, Tommy to wait.

Uh, Sandy has a question for Dan McKenzie.

McKenzie loll go ahead, Sandy your question.

Hi, good morning.

I need to remove someone from my trust.

Can I just print out a form.

From the internet?

Sign it, have it notarized for it to be legal?

Ooh, Dan, I mean it's I assume that trust is a revocable trust that.

You are allowed to amend.

And are you the You're the only person that created that trust?

It wasn't creator and my husband okay, and he's on board with this.

Idea absolutely, Okay.

Yeah.

I mean amending a trust is like you could just say, whatever paragraph that you're amending is amended and.

To be part of the original record.

It's part of the original record.

I mean sometimes amendments do make changes to other parts of the document that people don't really think about.

So he's gonna be a little bit careful about making sure you've really.

Who did the original Did an attorney do it?

Or did you do it?

You're referralist David Salisbury.

Did it for yeah, okay, okay, and I don't think David is practicing anymore, No, he's not.

Okay, So, you know, an amendment, unfortunately, if it's not done by the attorney who drew it up.

Correct me if I'm wrong.

You're not just going to take something and amend it, will you.

I mean you have to be familiar with the whole document is Isn't that right?

I mean yeah, the problem is like if we amend just like that one little paragraph and something else is wrong in the document, you know, arguably, like we could.

Have caught that, Like you know, that's the h I know years ago I started with me Ken's and I'm not McKenzie.

I mean, I'm Salisbury years ago, and I know that you don't care about that document.

I know you do because I didn't finish it.

But it's almost easier to start from scratching than it is to try to go over and amend somebody's else's work.

Yeah, and I mean I yes, yeah, And when I'm it's an attorney, I'm very comfortable with It's like, yeah, you know, they're just things have changed.

The law has changed, tax rates have changed, like things have changed since I don't know what you were told when you put together the trust.

So that's the challenging part for it.

But anyway you know, you can give them auch.

Do you give estimates on stuff?

Do you give estimates?

If somebody went, okay, now that new law coming in January first, twenty twenty six, if you give any pricing, you have to give every price, every advertised pricing.

Yes, if you do advertised pricing, it's got to include everything.

You're not even allowed to add a service fee or recording fee.

It's not just for attorneys, by the way, it's it's going to have major impact on business, and businesses don't even realize it's coming.

It's an amendment to the common there's actually a protech it too.

There's big fines, there's there's some teeth in this sucker.

I mean, it's something so small as if you say, now, the easy part is you don't advertise price, right, But if you advertise price or give a price up front, it doesn't even have to be advertised.

If you give someone a price, it's got to include everything, even unforseeable circumstances.

So most people are going to say we're not giving pricing or you know, and Mark, I forget what they said about hourly like, can you give an hourly rate?

I think you can, right, or do you have to give a toll?

I think I think you can give an hourly rate.

It's kind of it wasn't written very well, to be quite a.

No, it wasn't it.

It's scary the way it's written.

And we had one attorney, Brad O'Brien, who says it's it puts an immense amount of pressure on attorneys, especially.

Pretty much everything's got to come down to one price.

So for example, if you have an oil change, you're advertising for nineteen ninety five, with the exception of sales tax, that better include oil disposal, shop supplies and everything else or else.

Right, right, Okay, Tommy has an issue.

He was on the show once before, and really it's weird.

It's a weird problem because he just wants to get paid.

I mean, bottom line, he just wants to get paid, and right now, the way it is, he can't get paid.

That's the simple issue.

Tommy said he did work for the Catholic Church and I got a copy of his lawsuit, which is really god.

I mean, it's just he can't get into court.

He's pissed because he can't get into court, and he's going to explain that to us.

Tommy first and foremost, Tommy, I'm trying to go back to the original problem.

And sorry if we re if we go over stuff you've already talked about.

But I really need to get this straight.

When was the job?

When was the work done?

Tommy?

Up up till the twenty sixth of June?

Well, so from June?

When did it start?

I'm trying to figure out the time period.

They just we started it in May.

Of twenty twenty, May of twenty twenty four or May of twenty twenty five, twenty five, and then it went through what date?

The twenty sixth of June?

Okay, got it all?

I need to know.

That's what I need to know, Okay.

And the kind of and and who summoned this work.

The facilities manager through their contracts manager.

Uh, we've done a proposal, which you should have there with a signed proposal with a mobilization see.

Okay, And and so you worked with was it a general contractor so to speak?

Or was it I was the GC?

So the person who summoned this work or authorized the work.

Was an employee of the Catholic Church.

Yes, he was a facilities manager in conjunction with their accountants.

They actually whoever signed their proposal, I think was the guy that came got it.

I have a temple question.

For that temple question, the total fees?

Did you say around six?

Was it six two hundred and twenty five?

Twenty five?

Now I have a very simple question.

If we were to call the church's facility manager and say, hey, you owe Tommy six two hundred and twenty five, would that person say, no, we don't, he never did the work, or it was a misunderstanding.

He went way over.

I mean, what would do you feel the response be.

I don't believe we ever called him, right, Kitchina or Mark when we took this original call, Deputy d you seem to recall this.

Did we ever call the church?

Do you know on this?

No?

Because I believe, well we recommended he go to court, right, We.

Didn't recommend it, but that was the caller's plan was to soothe him.

So we just kind of discussed that.

Okay, there was no follow up for us.

Okay, so what would they say, do you think Tommy?

It's a pretty simple matter you did the work, you got to contract here and by the way, I don't know if you sent me the contract, but I don't seem to have it.

I have.

All I have is the first page of something, and it is it's just one page.

I mean, that's what I have.

And it says here on this page that you sent me this lawsuit that you filed.

There was no contract for plaintiff to perform any of the alleged work.

So who wrote that in there?

Amount of damages, claimed the lawyer.

But that was proven when we went to mediation that that was the contract.

Otherwise they wouldn't have paid the mobilization fee and the facilities manager.

Okay, okay, So all you asked if I got your email, all I got is this one page and apparently it's their response.

And their response is I asked what their response would be.

Here's what it is.

They said, there was no contract to perform the world.

The alleged contract was terminated as to the scope sought in the complaint.

Additionally, without waving, the foregoing defendant requested proof of any of this work.

Plaintiff refuses to give proof of work for the reason.

Okay, So here's what I want to know.

Okay, they say you're not entitled to any relief, So what proof do they want?

What work?

I'm getting right down to the nitty gritty because I was out when this first call came in, and I just need to know what is the bottom line here?

I mean, what is the bottom line that that you are alleging you did?

What work did you do?

I was contracted to take down a deck that was solling apart?

What deck salling apart?

And rebuild it?

And the problem we had when these structures were put together.

Like so basically so basically tearing down and rebuilding a deck?

Yes?

And and was that actually done?

That demolish demolition was done under the permit U but getting the elector to put the new permit up to seven weeks?

Tommy, Well, here's what I'm asking Tommy.

This is not the court right now, this is just me.

Was the deck torn down and rebuilt?

Was part of it done?

All of it done?

Where do we stand with the work?

You claim?

You're old this money?

The demolition was done?

Was done?

The demolition was done, and we were waiting for the permits from the Building Department.

I think there was a time frame in the agreement too, like he was going to be done in a week or something along those lines.

All right, So for six thousand, So the six thousand and two one hundred and twenty five dollars you say you're owed is for demolishing the deck.

No, I was paid for demolishing the deck because it was stage payment did and what happened was we couldn't get the permits done.

It, Tommy, What are you owed?

Tommy?

I just need to know you were paid for demolishing the deck.

What what is the six and twenty five dollars for?

What is it for?

Well, that was in the next stage payment to get it all the permits together, and we did you did you?

But you did not rebuild a deck?

Yes or no?

No, we didn't rebuild the deck.

Well, then why should they pay?

I don't understand, Tommy.

I'm sorry, man, I don't understand it.

You did not rebuild a deck, but you want to be paid for it?

I think I remember.

Oh no, that's not don't want to be paid because I spent seven weeks trying to get the permits done because what was done before?

Did Tommy any permits?

Right?

But the seven weeks that you spent, Tommy, did you spend seven weeks every day eight hours a day?

I mean, I'm trying to be fair here, What exactly did you do that's worth six two hundred dollars?

I had to engage a structure engineer.

I had to work all through the permit in stage.

I went twelve times to the building department and we were called in with all the photographs.

I advertise, do you.

Have but do you have proof that they authorize all of that?

Yes?

You've Where is the proof, Tommy.

Major, she has all the paperwork?

There, she's got the paperwork.

Okay, So you have authorization to seek a billuilding permit and to hire a structural engineer and to do all of that stuff.

You have the prior authorization?

Yes, okay.

And Kachina, I mean, and Tommy, you said you sent that to us already, right, do we still have that, Kachina Suzanne, Okay, Well, I'm not sure if we kept it, if we didn't do anything.

I got to figure this out.

I thought that's what you were sending me.

You sent me their response only put them on hold for a minute.

I like making things extremely simple to a point where they're stupid.

I like it.

I like stupidity in my presentation, meaning anyone with anyone, no matter what information you have, will understand the issue.

Here's the issue, as I understand it.

Tommy demolished a deck and got paid for it, and then was to build a new one.

In order to build a new one, he went through seven weeks of preliminary work for a permit.

Okay, Now what I want to know is the authorization to hire that engineer and to go through that process.

Are they're claiming there was no contract for that?

So Tommy, I want to ask another dumb question.

Did they know you were going through this work for that seven weeks?

Did they do they?

Were they constantly in touch with you?

Were they saying to you?

Because I would have said this, Tommy, where's my permit?

Did they ever make an inquiry as to where the permit was?

What with me?

You got to break?

All right?

We got to take this break.

I got more coming right up.

Hey, I'm Tom Martino.

You're a troubleshooter.

Okay, Now here's the bottom line.

I mean, it's a very like I said, I like making things stupid.

Tommy did some work.

No one's disputing it.

He demolished a deck for the Catholic Church and he was paid for it.

He then proceeded to do preliminary work in an effort to get a permit, and during that time he amassed about sixty two hundred dollars in bills and time and labor, and he can't get paid.

The Catholic Church says he had no contract for that, and that's where we stand.

He said, yes, he did have authorization to do that work, and where that's really where we stand.

Here's what I have to ask though, Tommy, and again I want to confine myself to just what I'm asking right now, and then we're going to go to your email.

But you say you am asked about sixty two hundred expenses.

Why did you stop trying to get a permit or did you finally get a permit?

I got the permit on the tenth of July.

Got it?

Okay, thank you?

All right?

So Deputy d what what do you see in his exhibits as far as his authorization to proceed in this preliminary work.

I personally, if I had a contractor spend sixty six thousand dollars to get a permit, I'd be pretty upset unless that's just the going rate.

I don't know.

I mean, I really don't know, and I'm coming in this totally objectively here, So go ahead, d what are your observations looking at all of his paperwork?

Hold on?

Are you go go ahead?

Sir?

Sorry tom A few weeks ago Tommy did send us his mediation exhibits, and his mediation was scheduled for end of November, and their.

Three and they keep postponing.

By the way, he already lost in mediation.

Well I don't did he lose in mediation?

Is now going?

As Mark said at the beginning of this at this car, Tommy did, did mediation go?

How did mediation go for you?

Negative?

What does that mean?

They they ruled against you or their mediation doesn't really have a rule.

Mediation doesn't have a ruling.

That's a voluntary process.

There's no ruling, right right, So what happened in mediation, Tommy?

Just real quick?

The result?

No, no answer.

The lady couldn't.

Make a decision because it was nice enough, but she didn't have the knowledge.

Okay, I got.

You, all right, So so nothing happened in mediation?

Now now go ahead, date, there.

Are three documents in his exhibit packet that kind of stand out.

The first one is a proposal dated in April and the customer did sign this proposal accepted by and then there's a signature and a date, and that proposal does have a line item to reinstall deck and railing for thirty five thousand, five hundred, So that sounds like a contract to me.

Now, the other the other page that that really stands out to me, did that.

Thirty five thousand include this six thousand.

It's just that's the flat rate for the entire for the entire let me tell you how we got to the six thousand that he wants.

So that's tying up ahead.

The second of the three pages that stands out is the cancelation email that he got from the church, and that was July tenth, and it just says, hey, thanks for removing our deck.

We decided to proceed with another contractor to reinstall a you deck.

Thank you very much, all right.

And then the third and final document that stands out, and I think this is the one time that's going to answer your question about how did Tommy get to the approximately six thousand dollars that he seeks to recover from this church.

That is the final invoice that Tommy sent to the church.

That's day of July twenty fourth, okay, And in it there are a couple.

Of line items.

So there's the demobilization fee of two hundred and fifty dollars.

That's fine, that's not but the cancelation fee is five six hundred and twenty five dollars and he explains it on the invoice as project overhead and profit.

So what that.

Seems to me is Tommy is trying to recover the expected profit that he would have made from having installed his deck, but he didn't install this.

So what basically, Tommy, then you did not really spend six thousand bucks.

You're just saying that's you're lost profit and overhead.

Right, Yeah, he clused to seven weeks because Tommy.

Tommy, that's not what your exhibit says.

Your exhibit says it's a cancelation fee for breach of contract basically, so you're seeking a breach of contract penalty.

That's what you're seeking.

It doesn't deliney.

I think by the way, that if it was for action will work.

If you spent money on an engineer, it should be in there, and you should be paid for it.

In other words, did they use all this preliminary work to get a permit?

You said you were granted to permit?

Did they use your permit to go ahead and rebuild it?

That's correct, that's.

Great, Well man, then you should be Then you should be paid your expenses in getting this permit.

I don't think you should be played blindly a cancelation fee.

I think you might be entitled to it.

By the way, don't get me wrong, this may very well be a breach of contract.

They it appears that they did sign your contract, and it appears that they did.

It appears that they did breach it by hiring someone else.

But the fee is not automatic.

Cancelation fees are not automatic, and that's why the person in mediation probably didn't know what to do.

I think, first, we got two different issues here, and see if you agree with me, d and Mark, if you're still there, are the two issues, one the penalty and to the hard costs.

I think it's a slam.

Where did they agree to a penalty?

Mark?

I said, we have two issues, the penalty and the hard costs.

The penalty they did not agree to.

That's why I said, it's not automatic.

It's something he is assessing for breach of contract.

I don't think he's going to collect it unless the court gives it to him.

Now, he may very well get this penalty.

I don't know.

Is the penalty spelled out in his contract?

No, the contract is just a signed proposal.

And so where is he getting a penalty?

Where did he come up with this?

Nothing in the proposal about it, So it sounds like something that Tommy came up with it.

So I don't think Tommy Mark Mark.

I don't think Tommy's going to get that penalty.

However, don't you think he should be paid his hard costs?

Especially I got to take this break, especially they.

Use this, I think just yet of fairness.

We got a break, all right, we got to take this.

We're running out of time, but I want to recap this.

Tommy did some work for the Catholic Church and he was paid.

Then he went and he was proceeding to get a permit.

He was granted the permit, but they went with another contractor to build the deck.

He believes he should be paid his overhead and profit.

That's something he's taking them to court for and that's the proper venue.

So he's right in going to court to try to prove that the breach of contract costs him money.

However, I don't think you should have to go to court to get paid his hard cost for the permit.

If the permit was indeed used, how can they use all the work he did to get a permit and then say no, we're not going to pay for So Tommy again, I know you want to cover the whole thing, but just let's take one it amount of time.

You're sure they used the permit that you pulled in order to build the deck.

They went and changed it at the building department and the building department, but.

They used all of your They used all of your preliminary work to get it.

Yes, and do you have any hard costs that you can send us on that, because we would have people contact them for it.

Hold on, we got more coming up on the Troubleshooter Show.

Yeah, ripped up need advice, so you don't have.

Come running just as the cab Shooter's gonna help.

Come Dix is the Troubleshooter Show.

No, Tom Martinez, Hey.

Tom Martino here, Welcome to the show.

Three oh three seven one three talk three oh three seven one three eight two five five.

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So any problems, questions, complaint you have, we're taking.

We have Dan McKenzie with us from McKenzie Law for a state planning.

We had a few questions answered there.

We have a few more that will be coming up.

But I want to finish up with Tommy and we we there's two issues with Tommy in our opinion.

One is UH a breach of contract and what are his damages?

That's gonna be for a court of law.

I do know that you can't just arbitrarily assign a number to a breach of contract, but there are definitely damages if someone hired and accepted your proposal and then canceled it.

But that's for a court of law.

The other issue hard costs in obtaining a permit.

Listen, if this guy hired an engineer, did plans running around in all of that, there's some associated hard costs to getting the permit.

Unless the church claims, and we're talking about the churches that happens to be the other party.

It would be disingenuous for the church to say we didn't authorize him to do that and then use the permit.

And that's where we don't know if they used his permit or if that new contractor went and got his.

Own, and if they didn't.

Even if they didn't use his permit, it's still a hard cost he incurred in anticipation, including the contracts.

I think with the right I just said, it would be.

Pretty sneaky, and I think illegal because the contractor's name appears on the permit itself, so no other contractor can use it.

Now.

I do have one of the exhibits that Tommy sent us, and it does talk about his hard costs.

There are three line items on it which which I which I actually agree with.

So there's an engineering cost of seventeen hundred and paid out to my bar engineering and then there is something called contract administration fee to real estate Property Services company that's a thousand dollars.

What was that?

Actually?

What was that, Tommy?

That contract administration cost?

What was that?

Because I'd done all the type of work and all the invoices and okay.

Okay, got it.

I got it.

And then the third and final thing I'll mention on Tommy's hard costs that I'm aware of is the Douglas County permit fee of five hundred and sixteen bucks.

So, based on this exhibit, I.

Do see how time he can recover or should justly recover about twenty two to twenty three hundred dollars in hard costs.

Yeah.

Now the rest of what he's asking for is his cap overhead and profit.

That's the part that's going.

To be dicey.

Yeah, And that's what he'll have to go to court for and he's perfectly willing to do it.

But that brings us to our night.

The issue he's really calling about.

He's saying he can't get to court.

He's saying, listen, they're doing everything they can to foil me.

Tommy, explain that.

I had a court date to the twenty sixth of August, and I changed it to the twenty eighth of September.

Then they changed it to the twenty sixth of November, and last Friday I got a notice saying they're going to change it to the twenty fifth of February next year.

So here's what I want to know, because Deputy d takes a lot of people to court for just causes.

In my opinion, D is this a common thing to have four four delays like this?

Yeah, I mean it would be interesting, Yeah, absolutely.

Now it's it'd be interesting to see who's asking for these delays and what's actually being delayed is that it's some one of a preliminary hearings.

Is it going to be a reason to the judge?

Yeah, yeah, I've always seen a reason.

Now.

To give you an example, Tom, I'm going to a trial tomorrow which actually started in the first week of June.

We were halfway through the trial when the defendants suddenly remembered a surprise witness that he should have called.

So the judge gave him a five month adjournment, god five and a half month of Germany.

That's what Denver County does for you.

So I'm not surprised However, these none of these should be a surprise to Tommy.

The other side is always supposed to give you a copy of what they're going to file before.

They filed itself.

You mean a continuance.

Yeah, if they're asking for continuances, Tommy should have input into that.

So so, Tommy, did they give you copies of motions for a continuance?

No?

So wait a minute.

When it was continued, they just sprung it on you.

I mean you just how did you find out about it?

For example, this latest one that was supposed to go to court this month and was continued until February.

How were you notified of that, Tommy?

Because I tried to change from the county court to small claims.

That took four weeks for the judge to decide No, he didn't.

Want to do that.

And then I got a letter an email from the from their representative in division saying, we didn't see that you've confirmed this.

Well, of course.

They didn't ask that this is not The defendant didn't ask for the continuing the court did.

The court said, listen, man, you know we're not going to small claims court.

Do you want to continue?

We didn't hear from you.

So we're so they put it off until February.

This is not the church that did this.

You can't change courts, by the way.

So the only way Tommy can get into small claims.

Now file this, yeah, dismiss.

And then suit them again in small claims.

If that's where he wants to go.

I think he should have done small claims to begin with.

Jus was for the twenty six of November.

I understand that, but they it's not the Catholic Church that asked for the continuance.

Just read that freaking notice you got, Tommy.

It's saying the court did it.

They're the ones that did it because they didn't hear from you.

Look, look, I think I think everything you're doing so far is correct.

I know it's a pain in the ass that you now have to wait till February, but I think you have a pretty good case.

Again, you're going to have to substantiate first that you had a contract, which to us now we're just giving our lame opinion.

It's not a legal opinion, and we're saying it looks like you had a contract.

Then you're gonna have to establish that they breached the contract.

That's pretty easy, they said, Hey, we're going with someone else.

Then, third, you're gonna have to establish some damages.

Hey, I would have done this job.

I would have done that job.

I would have.

You know, I'm being screwed out of money here.

So I have something to ask you though, Tommy, and again it's for your damages.

Did you have work you missed out on because of this?

Yes?

I was specifically asked by the facilities manager because there's three more decks to do after that, not to take work away my team away, to stay with the program because he wanted to get all of these decks finished.

Well, that's not this current contract.

I'm talking about the current contract, not future promises.

Did you fill in your schedule for the time you would have built this deck or did you miss out?

I missed out?

Okay, Tommy, good luck to you man.

Again, I would have if you want, we will.

We would call them for your fixed costs.

But are your hard costs on this permit?

But I don't think that.

I think you should just bring that up in your whole case.

Anyway, if you're going to court for one thing, it's unlikely they're going to want to settle for that without you releasing them from everything.

Well, you're gonna say, I think that based on what I've heard from Tommy during our previous call, in this one, he's going to have trouble, Tommy, I think, and don't take the strong way, but you can have trouble with procedures in county court.

I think you can get out lawyered in about five seconds.

And I based that on the fact that you're not reading these communications from the court.

You're not sure who's keeps postponing, you're even surprised that things are getting postponed.

So I think you can get blown out in county court your best bet.

And if I were you.

Not following procedures, not being very good about reading this kind of stuff, I would go to small claims court because, man.

But he has to dismiss this.

Yeah, he has to file them.

They can.

Can he be prevented from refiling if he dismisses this.

I don't think so.

Dan.

Can you think of any reason if he dismisses a county court action and then tries to sue them.

I mean, he's shown him in the county and he wants to Let's say he wants to go to small claims court.

If they answered it, I mean it sounds like they Yeah.

They did it.

It was a very simple answer.

But I read that in the beginning they're basically saying he didn't have any contracts.

Once they answer, you can't just dismiss it because people would do that.

Oh interesting to get them to agree to let it.

Let him dismiss it without prejudice, that's the term.

And they're not going to do that.

They're going to say, if he dismisses it, we don't want them coming back.

Yeah, this was their response.

There was no contract for plaintiff to perform perform any of the alleged work, or any alleged contract was terminated, as the scope sought in the complaint.

Additionally, and without waiving, the foregoing defendant requested proof of any alleged work, but plaintiff refuses to provide such proof.

For these reasons and the reasons that will be outlined at trial, plaintiff is not entitled to any relief.

That to me personally doesn't sound like it was written by an attorney.

Yeah, I agree, I haven't seen it.

I didn't realize there was an answer filed.

But it was.

This attorney is listed here as the one who filed.

So you just have to let nature take its course, so to speak, Tommy, because it's too late now to move it, and it's also too late to negotiate with them.

I mean no, no, it's too to suttle.

It's not too late to neglgia.

I shouldn't have said that for us to get involved.

I think it might be too late because right now I think that these guys, I think they they are looking forward to court personally.

Yeah, I think they might lose on the hard costs provided that time.

He can follow court procedures in county court.

Yeah, now when you talk about court procedures, we should talk about that.

Coming up, I'm Tom Martinez.

We got more coming up on the Troubleshooter Show, and also we're going to talk to Dan McKenzie.

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Hey, I'm Tom Martino, your trouble maker, well trouble shooter.

We got Dan McKenzie with me, Mackenzie Law.

He does will's estates, probate, avoiding probate, facing all kinds of issues when it comes to a state.

And we did have a question, and I'm finally getting around to it.

What do you do when someone dies?

Now, let's take, first of all, when a spouse dies, and then let's take when someone in your family dies, Like it depends on your standing.

I would, but I can't tell you how many people email or text us saying what do I do?

What do I do?

So let's talk about this, and we're all all the mics are open here.

So what is the first thing you do?

I mean, let's say your spouse dies, what's the first thing you do?

Now, obviously, let's dispense with the corner or the ambulance.

Are all at okay?

That that's what do you do?

Legally?

What's the first thing you do?

Well, somebody's going to be probably interested in that person's financial affairs.

Somebody is going to realize, like, look, there's a house here that we need to keep going or sell or how are we going to get the authority?

My spouse dead?

Who do I call?

Do I call you right away?

Do I call an attorney right away?

Obviously I think that's not a bad idea.

But you know, if you're joint with your spouse, it really depends on how.

And you would find everything.

And we're assuming that if your spouse dies, you're thinking, wait a minute, I know where the will is, right, I mean, that's that's numeral.

Know a will, even if you have a trust, isn't a will something that says, look at the trust.

You always need a will, whether it's simple or complicated.

And if you have custody of that original will, you do have to hand it over to your local probate coort.

Now, and this has come up before.

So this new spouse, I say, relatively new, who knows how many years, but this has come up more than once.

She says, here's my husband's will, and the kids say, that's not the will we have.

What happens in a case, I mean that's going to be a court hearing, probably inhabit entry your hearing, and people are if it's.

Not it is more than people know.

So if you're a new spouse and I say new a second spouse, let's say, or a third and the kids are different from you, they're not your biological children, you need to estab well, even actually even with your biological children, you need to establish a will and that the proper will bill is on file somewhere.

When I say on files, am I even speaking?

Am I speaking out of sable?

So that's the lodging process, right, So you take that will and you put it on file with the court that is lodging it.

That does not mean literally they have a data bank of wills.

Yeah, they do.

Yes, If can I go and find out if Deputy D has a will lodged somewhere?

Can I go and ask to look at it?

Explain what your interest in the estate is.

If I don't have an interest, some nosy, can I get it?

I mean there's There are lots of examples of famous people whose wills are widely available.

So I'm not going to say no, but usually it usually you have to watch be an air or a relative or creditor.

Even my creditors can get access.

What can Tom say, Hey, you know, Dmitri promised to leave me his town car if you ever get.

Money.

Yeah, I mean yeah, people people do.

Creditors can start a probate process.

Oh great, it doesn't have to be the family member.

Oh wow, so you know then what?

Okay?

So, so you have a will, you have to present it.

Where do you present it?

Like?

That's what I mean.

Okay, So my spouse dies, I know the will is in the safe.

I go get the will.

What do I do with it?

So you figure out what county you're in and you take it to that.

Where the will was lodged or where the county she died or he died, and where they were a resident of.

Okay, so at the time of death, where were you a resident?

Yeah?

Now that could be different than the original county where you drow up the will.

Oh sure, but it doesn't matter, doesn't Wills are basically a state matter.

They're not a federal matter.

Correct.

Okay, So I go to the county, what do I do?

Open probate immediately?

No?

I mean I guess you're gonna need to determine, like what did this person own?

I said, like, we go find everything, they had any ownership interest in it all, and just go through and figure out does it have a joint owner on it, who's still alive?

If so, they now own it, did they have it has need a beneficiary on it?

If so, it's going to that person.

Is it a trust, so the trust agreement needs?

So?

Is probate court the last stop?

Probate?

It's the last Like after all that stuff, if you still have either eighty six thousand dollars worth of stuff or real estate, you're going to have to open probate.

Now you say real estate because it is titled, correct, and anything titled needs probate to switch title except for a vehicle.

Real estate needs just real estate okay.

And you can't change real estate without probate unless there's a beneficiaries deed or something like that.

Right.

Okay, So there's a beneficiaries deed and it goes to someone, is it automatic or do they have to now file what do they do If my son, my biological son, or my friend is left a home in a beneficiary deed, what do they do?

They need to record that person's death certificate with the county where the real.

Estate is and then is a new deed issued.

No no, no, So like next time, like if they're going to sell us some type of company to search for that, they're gonna find that deth certificate when they're doing their search.

So they're gonna see, look, this person was an owner on there and there's a beneficiary deed, any death certificate, it's been recorded.

So it's it's automatic.

If I want to get a deed with my name on it, can I do it?

Like I have a death certificate, I have a benefit Every d sure adeed has your name on it.

Oh okay, I get it so it says to the benefit of and then that's me.

And with the death certificate it makes it complete.

Yeah okay, yeah, then I can then sell or deed it away correct and I okay.

Tom, I'd like to shift gears for a moment if I may to another really important service at Dan McKenzie Props.

And by the way, anyone with any questions either for Dan or for anything.

If you have a problem, question, complain, give a call.

We have open lines right now three zero three seven one three talk seven one three eight two five five.

And also I want to remind you we we're gonna have some best of us later in the week and all that.

So get if you have a problem now and you don't want it to wait for a long weekend, and give us a call three oh three seven to one three talk, or you can call three oh three Martino three oh three six two seven eight four sixty six.

Go ahead, De Tom.

I went to Dan's seminar at the Four Seasons, so thank you for the invitation, Dan, And the most important thing that I learned was that he provides a different kind of service, which is asset protection against creditors.

Now, what I didn't realize until he brought this up during the seminar is it's not creditors like I think of, you know, Visa and MasterCard and American Express creditors.

It's if I am God forbid the at fault party in a car crash and injure somebody, and those claims are that judgment exceeds the limits of my insurance, or if I'm not insured.

It's that kind of that person is a creditor, and it's that kind of asset protection that really interested me.

And Dan discussed certain and the rigor of the estate the more of a yeah and you know, and he said, look, you know, we can establish certain trusts that will, after a certain period of time, protect your assets from creditors.

Now it takes them like a couple of years to become effective.

But Dan also mentioned that there are other states where we can open trusts, like Wyoming, and I think USA, Nevada, or.

Montana's thirteen of them.

Yeah, so Dan, I have a feeling that's a really undermarketed part of your service.

I think that's of interest, is what the asset protection part of what they think.

That's probably one of his main one of his main focuses.

Right, I mean it's usually built in for like leaving money to a future geration.

I think most people go to him for that.

Maybe I'm wrong.

I mean a lot of people think putting his money into revocable trust is going to give them asset protection.

It doesn't.

Why doesn't it because you still have full control of everything.

All right?

We got to talk about that, like why and how do you get asset true asset protection three zero three seven one three A two five five.

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I'm Martino, your troubleshooter.

We got a question from John.

John, Welcome to the show.

What's going on?

John?

Hey, Holly good Man, what's going on with you?

John?

I I if if I were to die tomorrow, who who's responsible for my remains?

And if the amount of money that I have is I don't know, shick seven doubts dollars, if they would sell everything, who takes care of all that?

In other words, that's a good question, John.

Let me ask you a couple questions first, then we'll ask Dann mackenzie.

Now, are you alone in life?

Do you have family?

Like like, are you married?

Just tell me a little bit about yourself because the answer has to do with who you are and who you know and who you're related to?

So what is your situation right now?

And I'm.

I'm not married.

You know, I divorced your first rife, the second wife died.

You never cared for any of them.

Okay?

How long?

How long have you been divorced or separated?

Let's start there.

Years?

Years?

Okay, so you've been single.

You've been single for more than twenty years.

Do you have any children?

Yes?

How many biological children?

Three?

Do you keep in touch with them?

Two of them?

Know, havn't spoken with them in years?

You know?

One trying to?

Okay, if you are alone in life basically what you are, and you have three biological children who you have little or no touch with, most likely when any of them hear about your death, they're going to come in and swoop in and get whatever is there, most likely.

But I don't know, Dan, what happens to people that are mostly alone?

What happens?

Well?

You people?

I mean, who really does?

I mean, if he doesn't have a will and he dies right now, what's going to happen?

What happens?

I mean, does the state take his stuff?

Who goes in and takes his stuff.

I know the I mean, this is crazy stuff.

You mostly deal with people who have people.

That's why you're in a state attorney.

I mean, people in his situation don't need an a state attorney.

Right.

What happens right now he has about Are you saying, when all is said and done, your total worth when you sell everything and payoff bills would be about six grand?

Yeah?

Well, no one will come in and do that, right, I mean, who's gonna Who's going to go in and sell off his stuff and garner six grand for themselves?

Yeah?

But if I if I go out and I hang myself tomorrow?

Why And now, I mean.

If you don't designate someone, and even if you do designate someone, they someone.

That's one of our texts.

We just got someone was designated personal representative and they want nothing to do with it.

So I thought that with the responsibility of family taking them in the corpse?

No, no, I don't think they can.

I don't think that they can iner that to you, can they?

Now?

I don't think there's anything they can force a survivor to do anything.

So I could pack up my valuables nail it to one of my siblings and.

Oh you have siblings.

How many siblings do you have?

Well, no, no, no, I'm talking about my kids.

Oh, okay, your kids.

If I wanted all my property, Let's say I have right now, five thousand dollars worth of silver, gold, whatever.

Right, and.

I want one specific child to have that, and it's you pack it up and I nail it to them, and then I die tomorrow.

Is he going to be responsible for any of the costs of my death, of being buried?

That's a good question.

No, because it's outside the estate right day, lifetime gift that you just need.

You just gave a gift and there's no responsibility that they use it to pay off anything.

But if it's in probate, they do have a responsibility.

That's what's odd.

Right, So if you give a gift, by the way, you're allowed to gift anything to anyone without any taxes up to whatever.

Sixteen million dollars right.

Yeah, fifteen.

Yes, it's confusing because yes, you have gift tax returns if you give people a large gift.

But yeah, there's a gift to every return, but there's no tax on it.

There's no tax, and people go through all kinds of extremes trying not to do a gift tax return.

And there's no tax due on any gift you give for ninety nine percent of us Okay, so yes, you can give a gift in life.

He doesn't pay tax.

You don't pay tax.

You've already paid taxes on that and it's theirs.

Now.

If you give a gift where tax wasn't collected, like an IRA, then tax would be paid when they cash it out.

But there is no requirement that they pay off your bills.

The only requirement about paying off bills, Dan, let me get this straight is if you inherit money in an estate and probate, then you have to make sure that bills are paid or you have to make a good faith effort.

Whoever's running that probate needs to do it, because if they distribute funds the predator shows up, they're gonna be personally liable for that.

Okay, who they won't do that?

Would they be personally hold on one second?

Would they be personally liable beyond the amount that they kept or just for In other words, if somebody had a one hundred thousand dollars debt and I inherit from that person ten thousand dollars in artwork.

And I don't pay down that one hundred thousand dollars debt.

They can't come after me for the full one hundred thousand.

They can only come after me for the ten thousand in art right, right.

And it's really going to be the personal representative who gave you the ten thousand dollars worth of stuff that's gonna have the problem, right.

I mean, it's the creditors are going to come after.

Right, But they're not going to come after them for the full amount.

They're only going to come after them for the distributed amount.

Right.

Well, yeah, presumably you use the reci they off there.

No, that's a good question.

I don't.

I don't want my twenty year old son to be liable or he won't be.

He won't be.

You can give him anything you want, he won't be liable for anything.

He doesn't even have to pay tax on it.

And they and the state can come and say, hey, you know your dad, you had to bury him.

It's gonna that's a.

Good that's a good point.

You could literally he could literally leave one hundred grand to his kid and the next day die and the state can't make that kid do anything.

Right.

I don't know if you're listening, because you were talking while we were saying this.

But the answer is that son who inherited money or who was given money as a gift, while he's alive and while you're alive, does not have any obligation at all.

None could bury me.

Or that's right, or we've said it now, We've said it now five times.

Okay, that's right, no responsibility, thank you.

So send your kid money, let him be on his way.

And if they find you dead, what happens?

I mean, the state?

Who does eventually take care of it?

The county, the state?

What is there such thing called a porper's grave?

I mean, I don't know what the hell goes on?

What I think there's still some process.

I mean, this is not usually what I'm dealing with.

Of course, of course, you're dealing with people that haven't a planet.

Okay, Rich, I'm gonna come back to you when I get I gotta take this break and d hang on.

We got more coming up on the Troubleshooter Show.

Hey, I'm Tom Martino.

You're a troubleshooter.

Okay, Rich, what is the scam you're calling about?

Hello?

Rich, welcome to the show.

What's going on, man?

How are you good?

What's going on?

Rich?

I'm an artist and I have I'm an artist and I have paintings for sale on my account on my Facebook and somebody, oh, yeah, to buy one for nine to fifty and they said they could do it through Zel.

So they said they sent the nine fifty to Zel and.

For me to look for it, get an.

Email, and then they said, check my spam account.

Check my spam account, and there's an email from from.

Zeladzel dot com.

And what the scam is is they're saying, I don't have a business account, so I need to be become a grant or and put five hundred dollars into this account and then my Zell account will be credited with fourteen and fifty dollars and everything will be just fine.

Well that's you know what that is?

Well, yeah, but Bridge, the way you get around that is that you personally open a Zell account at your bank.

I haven't a Zell acount.

Oh it never even it never went through and okay, got it.

Yeah, I can give you the number of what they told me to call if I it.

Says, let me see, let me put my glasses on.

Just think.

Yeah, give us the number.

I want one of my YouTube morons to call.

That would be great.

Yeah.

It says, uh, what am I supposed to do?

For further questions?

Call and it's.

One for zero nine for zero nine yeah, three.

Three five one uh huh.

Two seven seven seven two?

Wait two?

So oh okay, got it?

Okay.

So it's four zero nine three five two two seven seven two.

And they said no to call this out.

No, no, no, wait it's two seven seven No, I'm sorry, it's seven seven seven two.

Okay, God almighty, okay, let me let me do that again.

It's four oh nine three five two seven seven seven two.

Correct.

Okay, So they told you to call that number when.

When I wanted so, I knew what to do, and they technically want me to put five hundred dollars somewhere.

I don't know why.

Why don't you call it?

Why don't you call that number?

Because I thought it was the scam?

I called my my bank.

It is it probably is a scam.

There are so many, you know what, there are more scams than there are legit things on you know, Facebook marketplace should be called Facebook scams.

I have heard.

Honest to god, I have heard of so many people doing Facebook Marketplace and getting ripped off.

In fact, I how does anyone I want to know this because someone asked me this the other day.

My son asked me how does he sell something and make sure he's going to get paid?

And I told him, you know what, son, I don't know.

I swear to god, I don't know.

He has He has literally some cards, cards, Pokemon cards worth five thousand dollars.

No, they were graded by a by these professional organizations, and they're in packages and everything.

And he said, how do I sell it?

And I said, I don't know, but I'll bet you what he said, Do I go on Facebook Marketplace?

I said, if you do, you know exactly what's going to happen.

Somebody's going to scam them.

But how even if they're not a scammer, when when do you send it and when do you get payment?

How do you do it?

I want to know how people sell things because what's the normal way in eBay?

Do you send the money first and then they send you the stuff and then you go buy their ratings.

I'm asking because I truly don't know the best way to do it.

So let's talk about that coming back.

How would you do it?

D would you send money before you got product?

No?

I don't buy anything on eBay except from established vendors where I pay with a credit card.

But if something I would ask for a US postal money order.

All right, we got more coming up.

Let's talk about that and more.

Ripped so you don't have She's gonna help come.

Dix is the Troubleshooter Show.

No, Tom Martino.

Hey, I'm Tom Martino, and I thank you for everything.

That's what I thank you for being part of this show.

And it's the time of Thanksgiving.

So what are you thankful for?

Well, obviously I'm thankful for beating cancer.

And I say that, Well, it's a little weird to say that, because you know, I didn't really beat it.

I mean it was beaten right and so far right.

And I say so far because you know, you can't emphasize enough that for some reason, once you've had cancer of any kind, you got to be screened afterwards for that reoccurrence possibility.

And somebody coined this phrase before me and she had cancer and we were talking.

We were at an event and we were talking.

She said, and I said, my first scan post treatment and surgery and all that is going to officially be December fourth, And I said, I'm scared.

I'm a little nervous.

She goes, it's sc anxiety.

Think of that.

Sc anxiety.

What a great term.

Right.

Anyway, I'm thankful that on January second, when I was diagnosed with pancreatic cancer January second of this year, that somehow, by the grace of God who knows, somehow, it was contained and it never spread anywhere during the time I was in chemo and waiting surgery.

Then I had surgery and then more chemo and then radiation, and it's always been contained and then it was removed.

So I'm naturally thankful, but I'm a little afraid and I don't even And here's the question that I think I'll be asking the rest of my life.

Why, I mean, why is it that some people get cancer and other people don't.

I mean, because it's not necessarily what they're doing.

It's just weird.

It's weird.

If anyone took care of themselves, I would be the definition of that.

On what I put into my body and how I exercise and how I and bam, you know.

So can't brag about that, but it's just I know that according to our health experts that we've had on the show all these years, we're all in a state of controlling cancer.

The energy it takes to contain our cells is what ward's off cancer.

It's the natural killer cells and other systems we have that keep us who we are.

Really.

I mean that I want to get too philosophical, and I will get to the phones, but in essence, our body, our collection of cells, take a lot of energy to be this collection of cells.

So to be me, to be you, to be Deputy Dimitri, to be Deputy Bo, to be our expert today, Dan McKenzie.

It takes a lot of energy for those cells to be you.

And we're in a constant balance of reproduction of these cells without over reproduction.

It's a constant balance because the default.

Here's what you need to know, and this is just the truth.

The default mode for cells is cancer.

It's the default.

It's not the fault.

It is the default.

Any cell in your body, when left alone, becomes cancer.

It replicates, It does what it's supposed to do, but it forgets where it is.

So in my pancreas on the head of my pancreas.

It forgot.

It was supposed to play nice with the other pancreas cells.

And in a liver it sometimes forgets.

It's a liver cell.

In a brain, it forgets it's a brain cell, and it becomes just a cell, and just a cell is what replicates, and we call cancer.

They're actually the healthiest cells in our body.

Anyway, I digress.

I want to talk to D.

I hate going from such a heavy subject and laying this on a caller, but D, this shows all about heavy and light and in between.

And well, you got a question about a locksmith.

Let's talk what's going on?

D?

Hey Tom?

Yes, first, congratulations on dancing with Ned.

That's no evidence of disease.

Oh I love that.

I love that.

D.

Are you a cancer survivor?

Yes?

Oh yes, twenty years really really aggressive cancer, which sometimes is tied to pancreatic and it's really complex.

You can't simplify this stuff.

But yeah, like twenty years and I didn't have a good prognosis, so oh.

I'm so happy, my god, twenty years.

Can I ask you, if you had to pick something that keeps you healthy, what is it?

Just before you tell me about the locksmith.

What is it that keeps you healthy?

I think a lot of it is luck, you know, the stuff people who do all of the right habits.

Yeah, that's just.

A chunk of it.

But I recognize my body's metabolism, how I use chemicals.

There's some genetic chunks of this, okay, and my family history.

But like I think, what maybe triggered this thing to grow the way it did is I was traveling and working really hard, not sleeping.

There's certain things that will allow them, yes, to kind of go, you're You're absolutely right, You're right if you have a pre deposition disposition for a cancer.

It's really good to know that within your family, the history.

Because you can screen more, you can do some different things.

And I'm so glad you're doing You're doing well.

And I've known.

One of the first people I met was the guy who'd had a very aggressive prostate or a tancred cancer.

He ended up No, he died.

He died, you know, forty years later.

Yeah, so it's totally wonderful.

It's not a death sentence.

Well, disease, you're.

Dancing with ned, dancing with dev I'm going to use that.

And also what you said about cancer my family, I was the first case of cancer going back generations that anyone could find at the first case and wow.

Anyway, so what's going on with locksmith?

What do we do?

How can we help you?

Thanks for everything you do with advocacy and education.

So my adult send's buston has put on a degree over over at a area campus UC Denver, and he had we bought a used Honda twenty twelve Honda Accord and he had We had one key and didn't get he didn't get to getting a replace another key.

He one key and it's somewhere between his just off campus apartment and on campus.

We think, and we need to get new keys for this car, two of them.

Then we make sure he has back up right, and I want to get a Locksmith's not typical for me.

And on the reviews, reading people's different comments online, there are a number of them that are rip offs.

And I know, in fact, in fact, unfortunately unfortunately, most of them are ripoffs.

Now what I mean by that is they give these numbers out and they make it look like they're local, and they're not, and they are just what they are are aggregators.

So you call thinking you're calling someone in Inglewood or someone in Forton or someone and really what you're doing is calling this national company who sends any Tom, Dick or Harry out to you.

And not only do they not do a good job, many times they overcharge you because they know you're desperate.

And then some of them are so bad they use the information or the keys to gain entrance and to steal from you.

So let's just put it this way.

In all these years, we do have city Lock in Boulder, and I say unfortunately in Bolder, meaning but they're still available, and it's worth the drive.

It's worth the phone call to city Lock.

I've known Jeff God for so many years.

He'll probably tell you, but he's been on a referral list for so many years.

And it's called and his name is Jeff.

He's at city Lock.

And here's the number three oh three or four, yes, forty four oh seven.

Now I knew too, Oh I faded out.

Okay, let me do it again.

Three oh three, four four four four forty four oh seven.

So it's four four four four four zero seven.

I'm sorry, Go ahead.

Yes, I knew to look at your referral list.

But when I saw he was in Boulder, I thought, and my son's writ in downtown Denver.

I know it.

It's a pain in the ass.

You know, it's been years we've been unable to find I hate to tell you this, people that measure up for the referral list.

We've we've had that tough of time.

Go ahead, what were you gonna say.

Bo D You might be able to just call behind a dealership and give them the VEN number and they may be able to just cut the key from that.

What a great idea without taking your car anywhere they would have a record.

Well, I will call I will definitely call them and I'll get a quote from them with the vent and see what they did.

Because kind of reading about this like and then sometimes getting a local locksmith with that same information, I want to get it like three quotes.

And the campus police when I talk to them, they said they often refer folks to pop a lock and they do a student discount.

And so I want to just try to try to do the good consumer thing and.

Get I looked up I looked up online for like nearest.

I looked up online and yes, VIN numbers can be used to cut keys.

I did not know that, they say from the mid nineties onward, but the real old ones you can.

And also what happens.

Yeah, yeah, In fact, I included Honda's in my search, and yes, I think old.

Dealer can do Honda unauthorized Honda dealership can.

Go to Planet Honda.

They're good people, good ownership Planet Honda.

It says Honda keeps key codes.

According to this Google search, Honda keeps key code records in a national database for anyone with a Honda from the nineteen nineties forward.

They can pull that.

They want to know proof of ownership and all that.

So if you gave them a registration, it has your VN on it, you got everything you need right there.

Proof of ownership.

That's what they will require.

And the ownership proof is your registration which has the vin and from that they can cut a key.

So thanks for that suggestion, both REEO three seven one three talk seven one three eight two five five.

What are you guys thankful for?

Okay, Dee, what are you thankful for?

By the way, bro, what are you thankful for?

I didn't ask you.

You're sitting right here.

Just you know, I don't have any special insights, just all the normal stuff that one should be expected to be thankful for.

My friends, my family, my Helle, little kiddies, especially my health.

Yeah, just you know, great friends like you and Mark and Bo and everybody else.

Deputy Dan, you're gonna go see family, Not Deputy Dan, the lawyer Dan McKenzie.

I called him deputy, but hey, they are deputy.

They're an extension of the show.

They help our listeners all the time.

And I do have questions for Dan, Dan, what are you happy about?

What are you thankful for this week that you're getting out of town for a few days or what.

Yeah, that's pretty good.

We've got two kids coming home from college.

This is thanks kidding, which is the first time we've had two out so out of four.

And everyone's doing very well.

And that's cool, healthy and good.

All right Now, somebody wants to know how deep you should you go with trustees whatever that means.

I think they mean replacement trustees.

For how deep do you go?

I mean, I always recommend at LEAs having one backup to the one that you prefer.

But as many.

As you can get debt, it's uh uh, you couldn't do too many.

It's not an easy job and you know, people might not be able to do it for a variety reason.

We have some more texts.

By the way, you can text us as well as call us.

And here's the text number that I use and it comes right to my cell phone.

And I'm telling you that means twenty four to seven including if you want to get a hold of my wealth management company Wave eight Capital dot Com seven four seven nine nine nine fifty two eighty, you can text me there seven four seven nine nine nine fifty two eighty.

We have more right after this.

Tom Martino here with Dan mackenzie, attorney at law Co Plans dot Co or eight three three co Plans, and we had a question how deep do you go when it comes to personal representatives or trustees?

Well, how deep is realistic?

I mean, you know, for sure you should have a backup, right.

I don't think Dan, you even bother writing them without a backup, right, you need a backup in the trust.

You need a backup, and probably have some provisions.

And they're just saying, what if neither of these people can do it?

Because you could put five people on that list and maybe none of them want to do it.

Frankly, do you have a backup on beneficiaries deeds too.

For the beneficiary, Yeah, can you have more than one beneficiary?

Can you have a succeeding beneficiary?

Or is that weird?

Well, did someone want to ask something?

I'm sorry, go.

Ahead a question on the trust on the trustees, Dan, Let's say someone comes in like me and did a revocable trust, which I'm very happy that you got done for me.

What if someone does not have a trust here or does not want to use a family member.

Does your law firm provide I think they call conservatorships or trustees for clients.

We don't.

There are law firms that do, and there are people who that is their job.

They are professional trustees or personal reps.

So really there are options out there for non family members.

And of course they must have a firm.

So in other words, there's no one person you're relying on.

I mean, I've seen both.

I've seen both.

Yeah, you want to be aware if it's if one person, obviously I have the same problem.

It's is not around anymore.

I'm going to Dan.

I'm going to Dan.

And I have a situation where I have big areas in my life.

I have broadcasting, I have my aviation life, which is quite substantial because I have a hangar and some airplanes and a helicopter.

Then I have Wave eight Wealth Management, which is my financial investment company, financial advisor company.

Is it possible?

And this is what I'll be talking to you about.

I want to have one trustee to oversee my estate, but I want a trustee in charge of each one of those categories because obviously Mark and Suzanne would be the best for my broadcasting because they could help my children transition that into cash or to you know, or for Mark to take over you know what I'm saying.

And then I want one for Wave eight Wealth Management because I have my chief operations officer who knows that company and our clients want it.

We continue to serve our clients without interruption, but they would know what to do with my share for my children.

And then I have my aviation trustee, which is my buddy I always fly with, who would take care of the aircraft liquidating them?

Is that even possible to do you ever have multiple designations for different functions?

Sure that that is not unheard of?

That not There's something called a directed trust where it's you actually have a trustee.

And then sometimes we have experts, like you're describing who are out there to tell the trustee, here's what is in certain categories.

So you assigned certain people to certain categories.

Correct, yep, yeah, you just got to be clear on like what they do.

Bucket is which asset going into?

And yeah, who's running?

You want to make it clear who is responsible for handling each bucket?

No, I get it.

Yeah, okay, so here's another one.

Oh no, I just asked that.

Oh oh oh, this is I can't find it right now, but I can recall it.

Somebody wants to know if you have a biological children, can you disinherit them?

I think the answer is of course you can.

Right.

The only person you really cannot disinherit in colorado's your spouse.

You have to have written permission from them to do that.

So that's usually a prenup and maybe a post up.

Otherwise, they for each year they're married to you, they're entitled.

To one tenth is it or five percent?

I'm sorry, it's five so at the end, so the most they can get is ten years, which is fifty percent.

Correct, So once they are at ten years or more and without with the without if you don't have, or in the absence of a pre er posting up, they have fifty percent of your estate.

Potentially, it's a little bit more complicated because they do factor in wet assets the person has, and they're trying to make sure that a very wealthy spouse is not draining a you know, a much less well off.

Really explain, they'll explain that, I'm very interested.

We throw everything that both of the people had into something called the augmented estate.

Okay, this includes everything that they passed through, like desnated beneficial or trying to make sure people aren't scrutin this right, naming kids as beneficiars on things.

We throw it all back in this pot, and you're entitled to fifty percent of that if you've been married for ten years.

But then we deduct the stuff that you own by yourself, again to make sure you have a really wealthy spouse and a less.

Well This is normally for second and third marriages then, wouldn't it.

Yah, Yeah, it's pretty unusual in a first marriage.

Yeah, yeah, it happens.

Yeah, okay, And someone else said, if they can, they name their parents.

Would be stupid to name their parents because unless they're anticipating predeceasing them.

I mean, that's all.

Do that a lot.

Actually, I heard that, like if they're thirty and their parents are sixty, and they're thinking, Okay, my parents would be good for like the next twenty years, and right now I got this baby that they would take care of.

Okay, okay, so you can come up and then and then you name a successor to your parents, I would imagine obviously.

So yeah, but we get that they come back ten years later, like, Okay, my parents really wouldn't be able to handle this at this point.

And someone else says, what about someone who is named personal representative and they want nothing to do with it?

What?

You can't force anyone to do anything, they actually and if they don't accept it, does that a state just sit there then?

Dumbfounded?

I mean, so, like I said earlier, probably somebody is like, hey, there's a house sit in there, and I'm going to get the proceeds from the sale.

Let's move this along.

They would they would ask a court to appoint something that go that And.

That's our next question.

Who can open a probate?

And I know we said anyone, but we got to really be this person wants to know, literally, who can open a probate?

What do they have to show the courts?

So let's answer that coming back, who can answer?

I'm just parsing it out from the facts.

Listen or the text.

Listen, people, you can text me and again, make it a little brief so I don't have to go through and parse out what you're asking for the sake of on air.

If it's something longer, of course, off the air, you can send me whatever you want.

Seven.

Here's the text number seven four seven nine fifty two point eighty.

We have more right after this, Tom Martino, you're a troubleshooter.

Wave eight Capital dot com.

That's the number eight Wave eight Capital.

That's the website to Wave eight Wealth Management.

You can put in Wave eight Wealth Management dot com as well.

Anyway, we are here to help you if you're interested in investing.

It's my investment advisory firm.

I started it as a selfish endeavor to invest my own money.

I hired people to invest my own money because I was tired of the industry.

Because most of the industry they do not actually invest your money.

They move it to somebody who does the investing.

You're with giant firms called tamps, turn key asset protection and so management programs.

Okay, so we don't do that.

We work directly with you in your portfolio.

If you'd like this level of service.

That doesn't mean you have to make decisions every day.

We do it for you if you want us to.

But we involve you in everything, and we do direct investing.

So please call for us, especially as we near the end of the year, call for a consultation.

I'd love to talk to you.

I'll show you every dime I have invested in where it's invested.

That's how committed I am to being transparent.

So you can call us at three ZHO three seven seven to one help seven seven one four three five seven that's seven seven to one help, or go to Wave eight Capital dot com and thank you for listening for that, because that's a labor of love.

I have a text.

It's an email.

My parents set up some trust a while back.

I'm going to try to party this because it's very long.

This guy's mother passed away in two thousand and six.

He thought it was an irrevocable trust.

It turns out it was revocable and should have been left to him at the time of her death.

Now he wants to get the benefit of that cost basis back in two thousand and six.

Can he take it out of the revocable trust right now and get the benefit of that or did he lose out on that.

I don't I'm not even sure I'm asking the question popular or he is.

For example, if something is in a revocable trust and it's left to him and he never took it out, Yeah, does Kenny go back and get that cost basis that was originally intended at the day of her death or does it even matter?

I don't.

Cost basis usually matters when it comes to real estate and stuff like that.

Right, yes, So cost basis is like you know how much capital gains tax are you gonna have to pay if you sell that asset?

And it should have it's.

A mountain property.

Ok it's a mountain property.

Okay.

So it was in a revocable trust and it should have been doled out to him at the time of her death.

He said, they left it there all this time, and they were doing some updating of the estate and found out that he was supposed to have taken it back in six Okay, So can he go back and get that cost basis?

Yeah, I mean the challenge will be proving what that was is, like, what was that data death value?

And even though it wasn't taken out, they can't claim it's the cost basis of when you take it out of that I mean, that would be hugely to his benefit actually, right, because if he only took it out now, I'd be like, oh, you're right, it would be to his benefit.

Yeah.

So no, okay, so they go back to the day you should.

Have taken it, Yeah, and again improving that Now after all this time, you're gonna have to.

Fight rendstor praise.

Yeah, you know, I imagine most appraisers know how to go back in time, right.

I think it is a special designation among appraisers, but I'm not sure about it.

But you don't lose any of your rights because you didn't take it.

Like the other family can't stay too late, right, because they've been operating it as a family trust.

Oh you see what I'm saying.

Yeah, I mean, you know it was revocal during the mom's lifetime.

It probably became irrevocal when she passed and it was supposed to go to him at that time, but it never went to him.

Okay, orry, he never took it.

Let's put it that way.

Huh.

So it's and and perhaps it's a good time to really in a very latest you remember I said I like keeping things stupid.

I really do revocable versus irrevocable.

The purpose of an irrevocable trust is to get it out of your name and out of your control, correct you.

So, yeah, go asset protection because you're trying to get assets out of your name.

So if you get suit or divorced or something, you can they literally can't take it from you.

If it's in an irrevocable trust.

You got to be done in a state that allows you to do that, right.

So it's Colorado a state it is not.

Wait a minute, So in Colorado even an irrevocable trust can be broken.

Sure, Oh so then you want So if I come to you as a client saying I want to do an irrevocable trust, you have to set it up for me in another state.

Yeah, if that's your goal, right if?

If you know, there's lots of reasons people want to do arabical trumpt though, aren't most of them for asset protection?

No?

There's also tax.

There's also tax.

Minimization or avoidable right you want you less than the amount of your estate.

Yeah.

The most common actually is asset protection.

But it's medicaid and you can set up a medicaid trust in Colorado.

You cannot wait a minute, so you literally drain your assets and put them into an irrevocable trust and you're eligible for medicaid.

Yes, that's kind of cheating.

This is hard to do, though.

You have to.

I mean, you've still got that five year look back period, so you got to do it way ahead of time.

And you really there are people theoretically who are rich, who are rich that do it five years ahead of time, and when they die they're not rich, or not when they die, when they need a nursing home, they're not rich.

You could plausibly pull that off, I would say, more than if you have more than a few million bucks.

It's going to be a weird thing to do, but yeah, I mean.

But the law can't look at it and say no, fair if you did it five years ahead of time.

If you did it more than five years ahead of time, and you really gave up control and you really followed all the medicaid rules, there's all kinds where they're going to look at that trust and make sure you know that it meets all the requirements.

So other than Medicaid, what are some other irrevocable trust you can set up in Colorado?

So people sometimes they're trying to get charitable distributions out now.

Sometimes people are holding assets they expect to go up a lot in value and they're thinking, well, I want to get this out of my estate right now so that all the value accrews outside the estate.

That brings up another question I had.

Someone has an irrevocable trust, or excuse me, someone wants to set up an irrevocable trust because they heard they can grant it to a charity but still live off of the income.

Wait a minute, Wait a minute, are you kidding me?

So I can leave five million dollars in an irrevocable trust.

So let's say a cause, but during my life live off of what it earns.

You can set something up like it's like charitablennuity, right, so you can do it either way.

You can say, look, the charity is going to get this annuity for this ten year period and then I'm gonna you know, once that's it.

It's out of my estate and I'm not going to get taxed and whatever.

Still there, you can do it the other way around and say I'm going to get this annuity and then ultimately the charities can So I've given away this, so.

It's it's not in your name anymore.

Creditors can't get it.

You can live off the income and your favorite charity gets it when you die.

Right.

Wow.

Yeah, this is pretty specialized.

I mean this is again and your favorite charity.

By the way, people for people of faith, they can do that for their church, correct.

Yeah.

Sure.

Now is gifting a big reason for your vocable trusts?

Yeah?

I mean gifting meaning you know, supporting your your your charities.

Yeah.

Yes, And there's some ways to structure it.

But I guess it's like I could gift this right now and get this tax benefit right now, and then ultimately you know, the charity's going to get this and I'm going to get this income in between.

So there's just different ways to structure that.

But it's like, how you know, again, do you have an estate tax issue that you're trying to avoid?

Not too many people do.

Anymore, No, because it's so much right, okay, And life insurance can be set up to deal with taxes, right.

Yeah, and sometimes you'll put that in especially our vocal trust, just to make sure because those benefits do count towards the taxical part of your estate if you have a tax.

So you keep it outside of your estate outside, but it's your mark to pay for taxes for the.

Estate for beneficiarias of your state.

Yeah.

So your beneficiaries get the life insurance outside of the estate, right, and they get to pay the estate taxes which is inside your estate.

Yeah.

Wow, And there's a lot you can learn.

I'll tell you what hold your question real quick, just real quick.

I'll come right back to Okay, Jeff, you have a question, Let me take the caller first, bow and then we'll come back to you after the break.

Jeff, what is your question?

What happened when a beneficiary guys before the grand tour on the grand on the beneficiary deeds and nobody knows it.

I mean, it's like an arm in the chain of title that's just hanging out in the wind.

What happens?

Yeah?

I mean again, I mean somebody presumably somebody's gonna be like geez, I would be entitled to the proceeds.

Going to say, all this house, if I could get it sold and the person is supposed.

To get it, isn't here anymore.

Like somebody is going to have an interest in stepping up and getting that figured out.

So does it okay?

Does it come out of the trust at that point?

Well, he said, beneficiary deeds?

Oh, benefit, I'm sorry, benefit okay, Jeff, beneficiary deed.

So it would go to the estate and then it would go to whoever claims it or claim beneficial that right it is, whoever the beneficiary of the state is or the people fighting over it would split it up.

That's how it work.

We got more coming right up.

Hi Tom Martinez here bo, What is your question.

If Dan, if someone purchases a life insurance POLS to pay off the estate taxes, what kind of trust does that need to be put into once a revocable trust has already been set up?

Yeah, so you would put that in an irrevocable life insurance trust sometimes referred to as an islet.

And can you earmark as to what it's going to use for to make sure it is used for the trust?

Yeah?

Any trust?

You could say what it's going to use for yep, and.

That's separate from the revocable trust.

Separate from revocable because yeah, generally usually when we're using your vocal trust planning, it's not for everything.

It's for particular assets, right, usually want some stuff that you still have control over.

And again this is to pay taxes for uh death taxes.

Yeah, without it waunching as part which is increasing the taxes.

Right, if you're going to have more than sixteen million, do it, that's when you start kicking in those And by the way, Dan, when he's not here, he's at co Plans dot co.

It's a wonderful website, by the way.

And eight three three co plans, so he's very easy to get ahold of those are he's a local firm.

They sound kind of nationally, but it's a local firm and he handles people from Colorado.

Are you licensed in other states around Colorado?

No?

Okay, so Colorado Plans.

So it's co Plans dot co or eight three three co plans.

We got we got a whole week ahead of us, folks, and a lot to talk about, So stay tuned and we're gonna have some best of us during the holiday don't forget to call three oh three Martino at any time twenty four to seven for help.

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