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The Troubleshooter Show, now, Tom Martino.
Okay, I'm Tom Martino. Welcome to the show. Three oh three seven one three talk three oh three seven one three eight.
Two five five.
Welcome morons one and all. And I don't mean you, I only call the morons my uh YouTube people. Of course, my regular people are smarter than that. And welcome to the show. Seriously, we love having you here. We're going to solve problems, answer questions, take complaints. UH. If you ever get a chance, you should try to talk three all. You should try to capture the uh the live show on on YouTube afterwards, and you can see a lot of times pictures and guests and video of stuff we
talk about. But welcome to the show on our wonderful iHeart family and affiliates, and thank you.
So what I want to.
Say is we had a very good discussion yesterday about buying decisions and how people are affected by politics buying decisions.
It wasn't who to vote for and who to avoid.
It wasn't trying to sway you one way or another, but asking does it make a difference. And the vast majority after the show as well, the vast majority of people said politics absolutely takes they take a position for buying. If they know a company is staunch one way or another, it will affect them. If they're progressive, they will avoid conservative businesses. If they're conservative, they will avoid progressive businesses.
I was shocked by that. I said, what about the product and service, and they said, no, we care about the products and service, but we can't do business with people who are too far away from our own ideology. I once heard an interview from a CIA spy, a CIA spy, and he said, when motivating people, when motivating people to sway them to their side, when they were looking for assets in the CIA, crets money, all of those things, all of those things may mean something, but
the number one recruitment tool was ideology. If you appeal to someone's ideology, it didn't matter about money, rewards or anything. The number one motivator, according to this spy you can see.
Them on YouTube.
By the way, the number one motivator is appealing to someone's ideology. The number two, the number two is ego, appealing to their ego then rewards monetary rewards, and after that coercion, you will do this or your family suffers.
Blah blah blah.
But number one is ideology and in buying. Guess what in marketing, that's where this came from. Or marketing came from this or this came from marketing because I was looking up marketing. And for those in business, I get a lot of business people listening to my show.
Guess what.
The number one motivator for buying is ideology. Now that doesn't mean that they try to appeal to your politics or religion when it comes to selling you.
Something, but they do.
In a way. Ideology stems religion and politics. Ideology could be I want to be thin and beautiful, and that goes along with ego. So the ideology and the ego go together to appeal to people. If I use this product, this is how I'm going to look, this is how I'm going to be. But ideologically, I'm going to have a happy family, I'm going to have a wonderful vacation. I'm going to enjoy the game better. I'm going to drive and get there better in luxury. See that's that's
actually an ideology combined with ego reward. What's reward? Well, yeah, reward, I say it all the time waterpros dot net. I love Waterpros. Here's what I'm going to tell you about that. I say, this hour brought to you by water Pros. They do whole house water softening and they're combining the triple filter reverse osmosis all for thirty one ninety five. This would normally from them cost a by five or six grand, which is still a screaming deal. But from
a plumber you pay twelve thousand or more. So what's that appealing to reward? You're getting rewarded, you're getting the best deal ever, You're getting a great system. Then I say, the triple filter reverse osmosis drinking water is good for your health. It's good for you, it hydrates better, you get rid of all the crap in your water. And by the way, that is true, by the way, waterpros dot net three oz three eight six two five five
five four. But ideology, ego, rewarding, coercion. Now would you use coercion in marketing? Well, guess what?
In a way?
In a way in politics? I mean we hear Kamala har Harris say, what does she say that Trump is a threat to democracy, a threat to the country. They are cohersing you, coersing you. Now Trump says the same thing, she's a communist, will bring down our economy. So all of these things in life are in marketing, inspiring in politics. And one thing I try to do on this show
seriously is entertain and educate at the same time. But it is fascinating to me that buying decisions will come down to politics sometimes.
I also read something else.
Sixty one percent of the population, more than ever before, say they are anxious and a little depressed about the upcoming election.
Well, of course they are, because it's.
Almost split half and half no matter. So whoever you talk to, they're going to be anxious about the other one winning. I've never seen this before, has this? This has been a little like this, but probably not as much. Now I want to ask my guests, and then I'm going to the phones. I promise you. I have a guest today, and Dan mackenzie is an estate planning attorney. Dan, I want to ask you about ideology when it comes
to a state planning. I'll bet you you find I'll bet you you do find bits of ideology.
Ego definitely reward.
If you do it this way, you're gonna save on taxes, your family will have more money. I mean, can you weigh in on these factors when it comes to a state planning?
Yeah, obviously taxes are a big part of our DISCUSSI so that's.
The reward part. There's nourion, coercion, except with family. Maybe Dad, you better get this done.
You never know, right, Yeah, that is true.
You know obviously people are making gifts to charities or causes and you know that.
But ideology, how about a trust. I don't want my kid to get it unless he makes money. I want to match. Yeah, we'll hear that, I'll match his salary, or I'll do this, or I'll do that. So ideology, what about ego? Does ego come into a state planning?
For sure?
For sure?
It's really discussion. Is you know, how do you want to be remembered?
Right?
I mean that's okay, Yes, so.
We've got I want the statue erected, not that that you probably had that.
We just had that this week. Actually somebody suggests that possibility. So that was WOA the.
First all right, Now the other thing and Okay, so there is a bit of ego or how about this kind of ego. I don't want that bastard to have anything, oh for sure.
Oh yeah. And you know, you have situations where it's like the kids. We've had people kind of want to disinherit kids because of political decisions, right that the kids.
Aren't wow with them. Right, So it's like, what.
So I am just fascinated by these revelations. Let me go to Diana. Diana, let's talk about your jeep Grand Cherokee. See you want to call this show eclectic?
Huh, this is the definition of it.
We go from from philosophy to the grand the jeep Grand Cherokee. Hey, Diana, what's going on?
Hey tom My, name's Diana Fliers. So I least a jeep Grand Cherokee Overland hybrid. Back in October that vehicles had three major issues. The last two made me feel like it was a threat to my life in safety.
Why why Yeah, one was driving up I seventy on Veil passed, the vehicle lurched, safety alarms went off, the gas cage meter.
Went crazy, and I was afraid to drive it. And it turns out it was some kind of electrical problem.
Is there a recall on this, not that.
I know of.
I was told by the dealership. I guess these Jeep hybrids just don't do well at altitude.
Well, well, damn, what year is it?
It is a twenty twenty three Jeep Grand Cherokee Overland, A seventy five thousand dollars car.
Oh man, did you did you leave? You leased what?
I assume you a leased it from New Right?
Yes?
Correct?
Did you just Yeah? It's seventy five thousand dollars.
Seventy five thousand dollars And that's not even the worst that happened to me. I was driving in the middle of nowhere in Colorado with no cell phone service on July fourth weekend, and the vehicle started having trouble. It said that the transmission was overheating, but the temperature gages were fine, And then the car started smoking and making like air raid bomb over London sounds, and I had to abandon it, and like there was no way to call the cops, no way to call a tow truck.
I had to hitch a ride from the middle of nowhere into Gunnison to go find a tow truck company. I called Stilantis, which is Chrysler. It took like five days to get towed. They were so unhelpful and so incompetent, and then dealing with them like they've been approving my rental car bills and said pay for yourself. We'll reimburse you up to seventy dollars a day. And here I am three and a half months later, I still don't have my jeeps back.
Wait a minute, Wait a minute, Wait a minute.
They've had it for three and a half months, three.
And a half months, and I'm beyond like financially.
Diana, Diana, what can they have they found the problem or are they saying all of these overlands have a problem or this particular overland or what.
They basically said, it needed a whole new engine replacement, and it needs a whole new radiator. They were waiting for months.
How many miles do you have on this.
Like fourteen and change and you need a whole new engine, a whole.
New engine, a whole new radiator. And the dealership finally got the engine, but now they don't have a radiator. And I'm like, you guys had it for months and you couldn't also order the radiator.
What are you What are you renting for seventy bucks a day?
You can't really rent anything for seventy bucks a day. I've been in some pos pias. I would never rent from whatever company I can't remember what it was. And I'm in anerprise company or enterprise car. They gave me a Jeep, but like it's been hell, I have a German Shepherd.
Like Diana, where did you buy? Where did you lease this from? What dealer?
At the time it was Groove Auto and Silverthorne, Colorado. I think they've since rebranded like Auto Star or Auto Nation or something.
Oh Man. So it's not really their fault, though, is it. It really isn't I.
Mean not the dealership's fault. I blame Stilantis, Chrysler and Jeep. Like I was sold a Lemon, I was problem.
I won't they replace it for you? You know you're beyond You're beyond the Lemon law right now, that's the problem.
You waited too long.
Hold on a second, No, we do have Wait a minute. We have an attorney who takes cases like this. Kachina. You know what I'm talking about. That wonderful woman that helped us that attorney that helped us with that cancer victim, Reina Raina. Let's talk to Raina. I'd love to talk to her about this hold on. We got more coming up. I'm troubleshooter Tom Martino three O three seven one three talk seven one three eight two five five eight eight eight.
Heating dot com forty five dollars deep clean, Get it done before the real cold comes. You can feel just a tiny bit cooler each morning eight eight eight Heating dot com. Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh
three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Emax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino here, So we're gonna get the jeep Grand Cherokee back when we get our attorney on. Later, we're gonna get Raina on So Diana, we're gonna get some real answers for you.
Wayne.
Hi, I'm Tom Martino. Oh my god, this company, jeez, I okay, talk about from hero to zero. Talk about a bad company that used to be a great company. That's the that's the disheartening part of it. They used to be a great company. Champion to loser, Champion to loser. Tell me about your problem. Maybe maybe I jumped a gun. Maybe maybe they're not even a fault. But when I see the name Champion, I say, never got complaints. Three
years ago, all hell broke loose. And then when they were purchased by this private equity firm, forget it, they just suck. Go ahead, tell me what's going on.
Back on September first, my wife pointed out that under our sliding glass dooor that we had a Champion installback on four to fourteen eleven.
The wait, wait, wait, twenty eleven trucked. Okay, that's gonna be hard to go back. Okay, So you had a patio door installed in April of twenty eleven, and what did you notice.
Just recently, right before we left the country for vacation, the boards right underneath the sliding glass stoor are starting to buckle and warp and along the edge inside the house. Now we see some water damage on the molt cane that could get round the frame.
Let me just let Wayne, let's just unload right now. Let me let me give you some And again I think I do a service when I tell people what I think right up front.
You, after all this time, you will get no help. What's so?
And and you probably don't deserve help. And here I'm gonna tell you the arguments you're gonna make. The one argument you're gonna make is if it wasn't right to begin with, I should have help because it wasn't right to begin with. And there is a statute that goes from the time of discovery. But then there's also an absolute statute which goes I never heard of one going beyond ten years. I don't know Dan, if you know about that, but you know, I mean, I can you know.
There's usually stuff like if you wanted to see on breach or something, you know it's from discovery right of the breach or discovery of the deal or the defect when you.
Reasonally should have known right, yeah, exactly.
But I think if you go ten I mean, my gut is telling me, no, nobody would. He could not go after them if you I'm not saying he wants to. But if he did, I mean, it's more than ten years. It's it's thirteen or fourteen. It's going it's gonna be fourteen years.
So what would you say the thing.
Come out four years ago because I had the molding on the outside was also showing water damage.
Now I understand that that's bad. That's actually bad for your case because if they came out, you knew you had a problem, which means you could have called anyone.
I'm not Wayne, I'm.
Trying to shoot holes here to help you. So you come up with something strong. Here's what I'm saying, Champion, as much as I rated on them just now saying blah blah blah, I mean, if they put a door in a twenty eleven, I will tell you this. There is maintenance required on doors, Their ceiling required, calking required. People think, well, I'm going to have my windows done, and then they call me ten years later, fifteen years later, and they say, oh.
These jerks didn't do it right.
I got moisture all over and they didn't do anything to update the calk or update the ceiling. Well, all I'm saying is this, I don't think you can blame them for anything at this point, especially if you knew you had a problem four years ago.
I just don't think fixed it.
That's wonderful they came out, because and they came out, they repaired it, and I've had my house painted since then. Yeah, so maintenance has been done to the house.
Well, painters should have sealed it as well.
So here's what I want to know before I went on my diatribe. What were you hoping? What were you hoping to get? Do you think they owe you something?
Well? Two things.
One, I have still the original contract with lifetime warranty.
That's against the function of the door. That's the function of the door.
But they also installed it, meaning they.
Took out there.
There's not a lifetime warranty on install there's not a lifetime warranty on installation.
It's on the product.
I guess my next step is, is there somebody in the color of Springs area you would recommend.
To pull out the door, reinstall it properly.
In fly That's what needs to be that's what needs to be done. In fact, it would be quicker, better and easier to just do that and get it over with. Now, if you want to take a last ditch effort after you have that done, let's say it costs fifteen hundred bucks. I don't know what it'll cost. I have no idea, but you could take them to small claims court and
say it was never done right to begin with. I think no one would listen to you, but I think you could at least try, and you'd feel like, you know, at least I tried. Now, as far as Colorado, as far as Colorado Springs, I gotta figure this out. I know we have good people down there. I got to look at my referral list for the Springs area, which you could easily do. Let's see referral list. That's what you need. Though, you absolutely need someone in the Springs
to reinstall it, you know, I don't know. I don't think K and H goes down there. That would be a company. Another one would be Genesis. I don't think they go to the Springs. Genesis tootal Exteriors dot com. He does everything. I just have to see it's it's really any kind of good window company, And I'm trying to think because I know we have good people down there. Let me see I'm looking right now.
Okay, I can do some research on that. I just and I did look on your referral list. I didn't see anybody for this area.
Okay.
My question was whether or not I had a leg to stand.
I know you, I know people get pit listen.
You know what's funny is I have a service I provide where I can show you I've recovered hundreds of millions.
Of dollars for people over the years.
But people get pissed off at me and they go on Yelp where they go on reviews and put bad reviews down if I don't help them because they don't like hearing. They do not like hearing the truth. They don't They get pissed off when I tell them the truth, even if it ends up being the truth. They just are pissed off that I gave him that bad news and they say he didn't help me at all. By the way, I did you know the construction down in the springs.
They're pretty good people.
Just that that's one I'm looking as I'm talking to you. But in any case, I don't I understand why you're upset. I kind of do, but I but.
I'm not truly not. I'm not really upset. I just if I had an option to do that. I just want to get your opinion on it. And and that's.
Hey, how about this? Did you try? Did you try calling him back? By the way, for the hell of it?
Did you try for since since uh something, since four years ago, he has been like once no, this September. Yeah, I've called him multiple times since September and emails back and.
Forth, nothing right right, crickets and so.
And then today she finally said we're not going to do anything. I said, okay, that's what I want to know. Now I can go forward.
But would they do something?
And you probably don't want to pay them because they're clowns, But would they do something if you pay them? Is what I'm asking?
No visiting, And off of that, she said, we're not going to honor the warn and and you know they did it. Seemed like they did a good job.
Well, they don't have to honor the warranty because there there must not be anything wrong with the Believe me, a lifetime warranty is on the product itself. There's not much that goes wrong, but I will tell you it was good.
I actually liked the product.
Yeah, it was the installation correct.
Yeah, and if you first noticed.
The problem four years ago, even that installation wasn't as terrible as some. But thank you for calling it. I'm sorry, Like I said, I'm really sorry. I can give you the answer you wanted. Three oh but but as far as referrals go, we have some good people down there. I would ask K and H if they go down there, or Genesis as well.
They're great people.
Three zero three seven one three talk seven oh three eight two five five. By the way, Genesis Total Exteriors dot com, I really do believe he might go down there and he does windows and doors and siding and all of the outside stuff on your house. So if you ever have storm damage and take care of all of that. So look up Genesis, tootalexteriorce dot com. We have more coming right up. Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay
a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass insurance paying too much your coverage at dozens of insurance companies find out Now three oh three seven seven to one.
Help.
You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martine, your troubleshooter three oh three seven one three talk three oh three seven one three eight two five five Denver Regen. By the way, I'm not going to put Dan on the spot here mackenzie and ask him if he notices any more hair growth on the top of my head, but most people do.
I've had some some honest to goodness some stem cell therapy up there, and it really is. There is really, honest to god new growth coming in. I feel it. It's itchy and it's working and it's remarkable. But Denver Regen also does, of course, joints Denver Regen dot com for stem cell therapy great value.
Paul, what's going on?
Well, Uh, I am suing a contractor small claims court. Okay, we've gone you know all through it.
Now tell me the issue. I'm just curious about the issue, Paul.
Uh, we had a backup generator installed in our off the group cabin. Oh cool okay, did not follow any codes, could not get it to run.
What was he an electrician?
He claimed you as an electrician electrician that installed it along with the solar system that he installed. But long story short, we up.
Oh wait so he had he had the solar system too, huh okay, keep.
Going correct, and it's the backup system we're having problems with. Well, we couldn't get him back out to fix it, so we finally contacted an authorized dealer.
What kind of generator it is? A cooler okay, a really good one okay.
And the dealer came out and factor authorized dealer and said, oh wow, we everything's wrong. You have you electricity is wrong?
What was wrong with it to begin with? That you called for help?
It would never run and we found out they didn't switch it from.
Uh it never ran at all, or it didn't work properly.
It just wouldn't work properly because it wasn't switched over to from natural gas to pro pain. But also it.
Wired wrong okay, so so boxes So the guy never came out.
To fix it.
And who is it?
Installed by Sun Solar off the grid Sun Solar.
Okay, My question is this. Yeah, we've already gone through it. We've made the contacts. We've given them their thirty days to come out and fix it.
Well what okay, okay, hold on, so you didn't have it fixed yet? Is that right?
It has been fixed. We gave them there thirty days to fix it. They didn't.
We went When you say they're thirty days, it's like you you read that somewhere.
What do you mean they're thirty days?
We contact them, told them it wasn't.
Working, But what about thirty days? Where did the thirty days come in? That's what you just thought would be reasonable, right.
Yeah, we thought that would be reasonable to say.
Okay, that's a good assumption. Oh, that's a good assumption.
So what else answer and fix it?
You know?
On advice to my attorney, we're going to small claims court.
Uh huh.
And we're having trouble giving them served. The Sheriff's department has been out three times and now I have a private investigator looking for them. And what happens if we can't get them served?
Okay? Well, yes, and no, the real question, Dan, do you know?
Let me bring up Dan. Dan McKenzie's an attorney at law, state planning attorney. But in general, though, if you can't serve someone, hold on, let me turn that on.
Go ahead, go ahead.
So eventually you can tell the court about your efforts and what you did, and if you can convince the court that you've really done everything you need to do, you could get authorization to serve by publication, which means publishing a notice.
Does that ever really happen?
It does?
Yeah, if you're really gone, you know, if this person's really avoiding service, and you know, yeah, if they're really.
But I've never heard of anyone who's impossible to serve. So tell me what you mean by that, because you don't have to serve him personally. You can serve someone like an administrative assistant, a secretary, wife, kid at the door, or an adult at the door, I think.
But yeah, well.
That's those are the efforts that are being made. You have a process server, process server. Uh, he's having problems and weird, we're in contact doing that.
You know some people. Let me tell you what people have done in the past. I've had process service in the past for the show that would use an Amazon box and they would go up to the door and they didn't put an Amazon uniform on, They did not lie about anything. They just had an Amazon box ranging the door, and when he came they pulled it out of the box. Another one was they would make an appointment for an estimate and then when he showed up,
they would serve him. So there are ways to do it if the guy's in business.
Right. But Okay, you've pretty much answered my question, which is if we've made a lot of reasonable attempts, I go back to the judge and say we've made these reasonable attempts.
So I don't think you're going to get publication nowadays. I mean I personally don't because I think it's a I don't has anyone tried to make an appointment for an estimate for first all or system.
I really don't want to answer that, because if that does happen and he's listening, then he'll a more suspicious.
Okay, cool, all right, I hope you can get a hold of the guy, you know.
I mean, yeah, okay.
I just I don't blame you. I I like I said, I I don't blame you for this is where this pisses me off to But you're how much did it cost? By the way to fix it.
Eighty eight and fifty three dollars did.
You have so wait wait a minute, how much was wait wait wait wait wait wait wait?
How much was the generator, the generator itself or the cost to fix it?
The generator itself?
Like if you if you had it installed by them to begin with, what would the generator cost itself?
What's the generator part of it?
I'd be about forty five hundred.
You didn't buy a new generator, right.
Yeah, we did buy a new generator.
Well, you're not going to get a new gener I'm just going to tell you that you got.
We're not looking for a new generator, we're looking to get the installation fixed.
Yeah, I understand, But what happened to the old generator?
It was gasoline?
Where is it?
Well it was forty years old.
Oh I'm not.
Talking about that.
Hold on, is that the one? No? No, no, What I meant was, Paul, I'm just trying to give you some guidance.
Here.
The guy that installed the generator for you, that did it wrong, This Cohler one. This is the new generator you're talking about, right, correct?
Okay, that's what I mean.
You didn't buy another one beyond you didn't buy another one beyond that, right.
No, we just had the installation.
Okay, I gotcha, I gotcha. Okay, okay, Now another thing. And a judge probably won't bring this up, but a defendant would, and that is eighty eight hundred. He could argue was not reasonable because it's you know, I mean. But but then you can make the argument with your expert. But seventy five hundred, I believe is the limit anyway in small claims court. It is.
And that's what we're doing. Okay, excited to be you know.
Let me know, let me know how it goes, because I think you're on the right track. You seem to be reasonable, on the right track. And uh yeah, and then see if you can get served another way. Sometimes mail, registered mail or certified mail. They'll let you do.
I'm Tom Martinez. We have more coming up.
Go with a sure thing Denver's Best roofer Excel roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass insurance paying too much your coverage at dozens of insurance companies. Find out now three oh three seven seven to one. Help. You'll think you're his only customer when you choose Frank durand the real estate man dot com to list your home with Remax Alliance three all
three nine two zero sixteen twenty two. Hi Tom Martino here three all three seven one three talk three all three seven one three eight two five five Glenn?
Your turn? What's going on?
Glenn? What can I do to help you? Sir?
Yes, yes, Glenn, thanks for taking my call. I heard you take. Tell me about a doctor that you went to for your back pain.
Yes, and by the way, I wasn't advocating that people necessarily go to him.
I loved him and all that.
Of course, but it was the procedure that was FDA approved. I was one of the first surgeries ever after FDA approval, and it was remarkable. So it's the procedure more than anything. I'm not saying the doctor wasn't wonderful, But there are other doctors who do the procedure.
Well, I'm trying to find one. I've a I've got a primary physician who's got me running all over town and every time I go there, they want to start all over again.
Well, okay, Here's what every surgeon will do. Who's worth his weight or his salt or her salt, And that is they do want to start over now, not necessarily with imaging. If you have adequate imaging, they'll use your imaging, but they definitely want to examine you. And all that is that. What what do you mean by starting over, Glenn?
Well, I've had nerve ablation three times, yes, and an excruciating.
Nerve ablation, by the way, helps temporarily.
It's a terrible thing because it causes scar tissue, which actually causes more trouble with nerves later on.
Yes, I know, I've decided not to ever do that again, and don't.
Do a fusion. Eighty five percent of them are failures and the other fifteen percent people are still in pain.
Right right, Well, I've had an implant in my back now for over a year.
What's the implant do?
Is that a nerve implan to deaden the nerve or stimulate the nerve.
I've got a little console that I can change.
It distracts the nerve. How many hold on, sir, Glenn? I feel for you, man, I can hear the pain in your voice. Hang on, I'll come back. To you, okay three all three seven one three talks seven one three eight two five five Okay, I do have some texts coming in for Dan McKenzie. McKenzie Law does a state planning and we will talk about that. And you'll never guess the one question I get every single time he's on the answer is yes, under certain circumstances. Can
you have a written, handwritten will? Yes, but don't do it. We'll talk about that and more coming up. Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're contenth time for an insurance check up free, no obligation in comparison, call Compass Insurance pain too much your coverage at dozens of insurance companies find out now three oh three seven to
seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty.
Two ripped off news neat ad.
That's who you don't have. Come running just as fast as we can. Shooter's gonna help. Come man, this is.
The trouble Shooter Show. No Tom Martino, Hi.
Tom Martino, You're Troubleshooter three oh three seven on three Talk seven one three eight two five five. All right, now listen before we go any further, we have but Dan McKenzie with us Mackenzie Law. He does wills and probate. Oh sky, I got to get off of that shot there. That's that's what you hear is an opening on YouTube and anyway, so anyway, so welcome, And what we're talking about are wills and trust and probate and voiding probate and blah blah blah blah blah. And here's what I
want to know. But somebody wants to know the real realistic here's what they want to know. Bottom line. I should just read it, but I don't have in front of me. They have a pro they have an estate. It's got some money they want to distribute to three brothers. But they know they know that their aunt had credit card bills. So what are the chances they want to just ignore it? What are the chances the credit card company would come after them?
I mean, I guess it depends on the amount, but we frequently get credit card bills in probate processes.
And they do want to be paid, they do, and.
I mean to close that probate out, you're going to have to file a Swarren statement saying that you have resolved a credit or claim.
So oh really, so if you committed fraud that would come back on you if there was a complaint, right.
Yeah, I mean, I don't know if the credit card company is actually asserted a claim or how long it's been since the person.
No, they just know about the bills because she was living high off the hog. Okay, so here's what I want to know. How would they find out she died?
Well, so you're familiar with the publication notice that we just talked.
About in the terms of us, Well, are you required to do that?
If it's been less than a year since a person passed away, you were required to publish notice. And credit card companies have people out there looking for those, so.
They do, really, they really.
Do, do other creditors.
Depends on how professional they are.
I mean, it's it's funny because usually those are for people who are like probably loans from family members or friends.
They're never going to.
See it, right, But yeah, we I mean we often get credit card bills and provac.
This is a question comes up time and time again. How do you settle bills? And what if you don't hear from them? Blah blah blah, what are you obligated to do? You have to make a good faith effort to contact him or not or just publish.
Now, this is a strategic decision because you can notify. You can reach out and notify them, and the benefit of doing that.
Is that it will give you certainty.
Right, you will know, like I notified them and they either submitted their bill or they didn't.
But here's the timeline. How much time do you have to give them? Sixty days that's it.
Yeah, from time of death or time of notification notification.
Yeah, and they have a year after death, Like you could sit there and wait and not do the notification and just sit there and wait for the year. And then after the year has passed, if they haven't done anything, then.
Wait, you don't have to do any notification or any advertising. You're in published. You have to publish, publish. I am shocked that they still have a publishing a publishing requirement in today's day and age, because the publishing requirement is to where Facebook where.
No, there are minimum requirements for newspapers that circulate in the county where the person is living. So it's got to publish once a week. It's got to circulate to at least. That's ridiculous.
I mean, whoever reads the damn things? I don't even Where do you publish or where do you do it?
For your clothes?
We do it.
There's there's a lot of local newspapers around.
There's Arora Sentinel, like the.
Glendale Chronicle or something like that. Okay, okay, so there would be little ones like that, yep, okay.
Then source of revenue. Frankly, now it is a good okay.
So what I want to know is why hasn't someone entrepreneurial done a universal website that the governments will all use.
I mean, that day is coming and I'm kind of dreading it because, Frankly, I like you, I like to publish in a place that they're not going to see it.
Okay, No, I know what you mean. Yeah, all right, now, let's keep going here.
Glenn. We left off with Glenn. He has had thermal ablasion surgery. That's where you burn the nerves to keep the pain from transmitting down the legs or through the body, and that causes scar tissue and nerves grow back, and it's it's a very complicated thing. And he has a stimulator now to distract the nerves, and he's wondering about my procedure, and I had a procedure where it wasn't fusion.
It is a implant, a titanium implant with a some kind of plastic disc, and it takes the place of the uh, the compressed area or the whatever, the bad level, and it literally bolts above and below much like a fusion would, except it moves like your back does. And it really is a piece of artificial spine, that's what I call it. They literally took out my bad facets, took them out, put them on the table. I have a picture of them, and then then put this in
its place. So arthritis can never go back. I can never be impinged in that area. Again. The thing is you have to be healthy and have good bone structure to do it.
And it's approved now.
It's approved in the US for one level, and there's only certain levels they can do from the mid back down. They can't do every part of the back, and they can't do the neck yet, so most men have problems L four five six or L three four or five.
I don't know where yours is. Do you have more than one level?
I'm not sure I know what you mean by that.
Okay, Well, usually the pain comes from a level that they can tell through an MRI, and they'll tell you you have L four L five compression causing this pain. You may have other compression, but there's usually one really bad area. Now, if you're really bad, you might have three areas. If you have three areas, you cannot yet get this procedure called tops TOPS from Premium Spine. You can't get it for three levels. Now, it'll work on three levels, but they're not yet approved for it. They're
not even approved for two levels yet. I was fortunate enough that I had one bad level causing most of the all of the pain, and I was able to replace the vertebra in that level L four five, therefore zero pain. Now, so Glenn, you have to know a little bit about your physiology. That's why they want to start over. They want to look at your imaging, they want to see what levels you are, and then they want to and a lot of them will say this, Okay,
here's what you're going to run into. They might look at your back and say, you know, Glenn, I think a decompression surgery would work. I don't think you need this because good urgins are obligated to do the minimal procedures first. That's probably why you've had thermal oblations and why they want a so called as you put a start over.
Have you actually go ahead?
I've been hoping that you could give me the name of the doctors.
I can. I can, but I'm telling you it's not the doc. It's the procedure, meaning that doctor too will look at what you call starting over. They they're not just going to put this procedure on you, okay. They have to evaluate you, and they don't care what previous doctors have done.
It doesn't matter to them.
In fact, it would be foolhardy for them to say, Okay, you've already tried all, let's come on in, let's just put it in you. You don't know how many levels are involved they need to tell They need all of this. They'll get your previous records and go buy it. What I want to know is do you have any clue? Has anyone ever told you where your compression is how many?
No, I can't get any information from anybody in.
That's well, what do you mean you can't get that information? You go on your portal and look at your results and it tells you, I mean, have you had an MRI? When was your last MRI?
Oh, about a month or two ago?
Okay, Well they uploaded it to a portal whatever group you worked with, You log in, you download it, and you look at it. It'll say L four L five all five. It'll tell you, I mean, are you proactive about stuff like.
This or not?
Yes? I am. I'm be anymore so I'm about three steps from a wheelchair.
Listen, Glenn, listen, what portal has your results for your MRI?
A doctor Whittier out of Saint Joseph.
What group is it? Is it Saint Anthony's or Saint Joseph's.
I think it's Saint Joseph.
I don't know who that is. But there is a portal.
You call them and say I want to view my results, okay, and the radiology report will be very clear and you're gonna need it anyway to print out for doctors. You go to and okay, and I'm glad you had it a month ago. That's gonna be good. And I'm sorry that you're in so much pain. That's terrible. I can hear it in your voice. So, Glenn, the doctor Neurosurgery one is the name of the group. The doctor is doctor Joshua Beckman B E C.
K M A N.
That's the one I'm looking for.
Yes, that's he. That's the one who did my thing.
And what what hospital is he operating out of?
Saint Anthony's Okay? Spirit?
I think they call it now Common Spirit or something like that.
Yeah, well, I'm just about I'm healthy. I'm healthy, yes, except for this problem with my back and it's been going on to like seven years. And I get sent over to how old are baby?
You're eighty?
Okay, you really have to have I'm not saying you're too old, by the way. You have to have really good bone structure for this. I do, okay, okay, And so why don't you try making an appointment there Neurosurgery one, doctor Joshua Beckman. Tell him you're interested in pursuing a relief possibly TOPS. Have you read about TOPS?
Oh?
So you know nothing about it? Okay, you just heard about me having it? Okay, did you see my video on YouTube?
No?
I didn't.
Do you know how to get on YouTube and look at videos?
Yes?
Okay, Well, if you provide Kachina with an email, I'll give you a direct link you can click on and see it. Okay, Okay, it'll help give you some information.
That's good. I was just so impressed with what you said when you had your procedure done and how it improved it almost overnight.
Well not overnight, it improved it in the two and a half hours I was in surgery. When I got out of surgery, I would have I had so little pain that I didn't even notice the surgical pain. The surgical pain was minor compared to what I went in with. When they said, well you do have surgical pain, right, and I said, well, of course I do.
It's a little sore.
I was up walking around that night, walking past the rooms and people who were on had fusion done that couldn't move. And then I walked out of the hospital the next day, and then I walked around the neighborhood that afternoon and then I started look at it. I probably overdid it. I started working out in four weeks. I mean, my doctor said, wait, but I mean I was not feeling a bit of pain. I just look what I'm saying is this. Do what your doctor says,
not what I say. But but it was an amazing thing. In fact, some of the nurses were upset with me that I was walking around and I discouraged the people who had fusion, and I said, well, I'm sorry.
I mean I didn't mean to.
I mean, you know, because they were asking me, when did you have surgery? I said this morning, and they or this afternoon or whatever. They couldn't believe it. I mean, and these guys were in there four days later and they were in bed. So it's just I don't know why. In fact, I don't know why anyone anyone does fusion. I don't know why. I don't know why because I mean maybe because maybe because they're not candidates for anything else, and all they want to do is get out of pain.
And I truly feel for them. So have a great day. Let me know if you need anything else. If you leave your email address, I'll give you a link to that video. Three zero three seven one three A two five five. If anyone else is listening, they can go on YouTube and just search it Martino search for premium tops, procedure back pain whatever, I think. I put a lot of tags in there. We have a lot coming up on The Troubleshooter Show three oh three seven one three
talks seven one three eight two five five. Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content. Wait time for an insurance checkup free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven seven one help.
You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino, your Troubleshooter three oh three seven one three talk three oh three seven one three eight two five five Okay, So uh Bill has an issue with a window bill?
Welcome, what's happening Bill?
What's up?
Hey?
Listen?
I got a lifetime warranty window from I got him more for Ken Moon's website years ago. And the balance spring keeps breaking and it's broken now, and the guy said, well, we'll replace the window or something.
Now, hold on, man, this is this is a what kind of window?
Bill?
Mary Mac?
I think I've never heard a Mary Mac?
I think so that's what it is.
How long ago was it installed?
Oh?
I'm thinking around ninety six. But it's it's broken and.
They're still Wait, they're still in business, I believe.
So, But the installer is and I don't know, and he's talking about replacing the window. And my question is how much of my responsible of the paint?
Well, Bill, I don't know anything about this. I mean you're asking let me explain this to you. First and foremost, who warranted it? Was it the manufacturer or was it the dealer? That's the first question. The second question is are they still around? And then then those two questions are paramount.
Okay, So if we do install the window, should.
I be.
I'm going to ask I'm going to ask this. I'm going to say the same thing. Is it a manufacturer's warranty and are they still around? Or was it a dealer warranty? And are they still around? Which one was it?
Uh? Well, the manufacturer guaranteed it? Because different people have come out.
Do you have a copy of the guarantee?
I don't think so. I don't know.
Maybe do you have a name of the manufacturer, a name Mary Mac, Mary m A R Y m Ack.
I think m R I Mack.
Okay, Mary Mac windows. I can't find anything on Merymack windows. So if you're saying they're still in bit, well, let's say, and.
I might be saying it wrong, but well, my question is though, how much am I responsible?
Okay, okay, you keep asking the same question. I keep saying the same thing. It depends on if it was a manufacturer's warranty and if the company is still around, and what the terms and conditions are of the window. So I can't answer you. Bill. You could be responsible for one hundred percent of it. You could be responsible for just the parts. You could be responsible for just the labor. I have no idea. It depends on the manufacturer's warranties, terms and conditions.
That's what it depends on.
So when you called this person, who did you call about the window?
Who is it?
Installer?
What is so the installer that did it in nineteen ninety six is still around?
Right?
That installer is still around okay. And and what is the installer's name?
It's a buyer's windows.
Okay, so Buyer's Windows B Y E er S. Yes, Okay, call them and ask them is this still covered under a manufacturer's warranty?
Yeah, I'm giving it to you.
Call buyers and ask them if it's covered under the manufacturer's warranty. And under that warranty, how much are you responsible for? They'll tell you exactly. They don't want to they don't want to get to your house and not be paid. Buyer's Windows is the installer? That's amazing if they're still around after two eight years. They show a place still uncentennial.
Buyers B E y E R S.
And I see it. Okay, that's cool. And they they're the ones that install the window. You bought it from them, right correct? Okay, I'm on their site right now. And Bill, I'm not trying to give you a hard time.
I swear to you.
I'm trying to get to the bottom. They show nothing. They show nothing of the sort here, none of those windows you talked about. They show Anderson, Marvin mill Guard. And you know what I'd like to do. I want you to I want you to hang on, and I want to get you a real answer so you don't get ripped off because you should be calling Gravina. That guy Nick knows about every window known to man. Would you call Nick and let's get his professional opinion for Bill?
Can we do that, Kachina?
Yes?
Good?
Three oh three seven one three talk seven one three eight two five five eight eight eight Heating dot Com for your forty five dollars Deep Clean. That's right, forty five bucks Deep Clean eight eight eight Heating dot com. Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three o three seven to seven to one help. You'll think you're his only customer when you choose Frank Durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino, your troubleshooter. Let me go to Nick Gravina at Gravina's
Gravina's Windows and doors, and that's on West Evans. Nick, have you heard of Mirrormac windows? Mer are, I m ack.
It's not a Mirramac, it's Mirror.
No, see that's what I thought he said.
No. He said it was mirror. He might be getting that wrong.
But when I googled Mirrormac, what's really weird?
When I googled.
Mirramac r r I m ack, it says Mirrormac windows.
But there are no Mirramac windows.
I think they're just using I don't know, I have no idea, but it's I can't find a brand called Mirramac anywhere. So if you haven't heard of it, for God's sakes, you guys handled like fifty lines of windows. If you've never heard of it, I'm going to say it, they don't exist.
Well, I mean it's possible they exist. That could also possibly be maybe a private label of somebody. You know, there's a lot of companies out there that will private label and put a different name on it. But I would say, if it's an the Denver market, it's probably all the Merrimax.
And it's just that's what I was thinking.
A Mirrormax. Hey, Bill, is it possible it's a Mirrormax.
Could be yes, do you have anything written down anywhere, an old invoice or anything.
I don't know. We have to really look at possibly.
Now, why the buyers, Hey, yeah, I think buyers used to do a Merrimax.
That's what I'm thinking now when you say used to. Is a Mirramax still around?
Nick?
No, they went under probably about two years ago now.
So their warranty would be worth nothing anyway.
Well, they're warranty. So they were bought by Cascade multiple years ago. Cascade was bought by Plyjim. Cornerstone bought ply Jim in theory, when we still have a Mirramax issue, we can go through Cascade depending on what the issue is.
And Okay, you know what I want you to do.
Bill, I don't care who you dealt with in nineteen sixty nine. I want you to really deal with Gravina and Nick.
I want they'll they'll take a look.
Okay, Okay, Well I'm going to replace the window I just said. Well, get someone's opinion.
Well, okay, if he might be able to get you some warranty, maybe not, but I want you to call him.
Okay, I'll get the issue at the window.
Bill, what's the issue with the window?
Well, the the balance spring keeps breaking. It's broken about four or five times.
Is it a double hung?
No?
Are you just down on the show a week ago?
No?
I don't think so. Oh are you?
Bill?
I'm sorry.
I called it Buck the windows that you can't access. And he asked me if I was a horder.
Ugh, yeah, he was on the show when I was on the show. Yeah, I think it was a merrimax and it was a balance issue. I told him it could maybe be, you know, if it was an installer issue or for screws backed out, maybe kind of rubbing on the string.
Okay, God, you got a memory. Holy crap, Nick, I used to think I had the memory. But you're right, Bill. I did ask if you're a hoarder. But Bill, I'm just gonna give you some bad news. They need access to that window. You're not going to get it replaced from the outside only.
Well, no, that one's no problem. Okay, yeah, other windows?
Do you have a service department?
Nick?
Yeah, But if he wants to call down, I'll give him my email, which is, you know, Nick at Gravina Windows dot com. And if he can send me some pictures or we have a text line which is three or three Gravina. If he can provide me some pictures, maybe I can do a little you know, pre investigation. If we can, you have to, we can try to get out there for him.
Okay, okay, it's just a it's a bathroom window that's trusted.
I wait, we got it, Bill, So did you hear three or three Gravinas this text? You can text him or you can do his uh email which is Nick at Gravina's is it Gravina or Gravina's.
Gravina right single windows plural?
But yeah, so Nick at Gravina Windows dot com.
I can quite remember on your website, right yeah.
Yeah, But we can get Kitchina, give him, give him the web, give him the email address he needs. Email first, Bill, Nick, I really appreciate it. Nick Gravina, of course, Gravina's windows or and it's Gravina Window dot com. Nine to fifty West Evans And they truly are the experts. Fifty lines of windows three oh three, four, seven, two eighty four sixty two. And yeah, yeah, I've known I've known these guys for so so many years. And you can trust
him Gravina Windows dot Com. Okay, let's go back to the phones and we have some texts for uh Dan McKenzie, Dan McKenzie estate planning on a trust Dan, Someone said, what scenario these people have some real estate and they have some home. You know, they have a home, they have vehicles, they have artwork. When is a trust used? They want to know why? And when is a trust used? Why can't they just use a will? And that's a good question.
You absolutely can use a will if you pass away in Colorado and have eighty two thousand bucks or real estate. To get that stuff transferred, it's going to have to go through the court supervised process of probate. So a question for you is do you care about that or not? And some people don't care.
They're like, that's fine, okay, But how does the trust avoid all of that? What would happen if they have a trust? How does it does it bypass everything? They don't even go to the court?
Correct? Because the trust is I compared it to a little business for your personal stuff. You're retitling your stuff to your trust, which you run as long as you're alive, and then when you pass away, the trust is always alive and well, so the owner of your house and you know, whatever property you just mentioned there is still alive. It doesn't have to go through probate. The question is just who steps in and runs it, and you put that detail in the trust agreement. Okay, that person just
steps in there. They don't need court authorization, just like when you know, Steve Jobs passed away and Tim.
Cook took over.
Tim Cook did not need court authorization to take over Apple, right, I mean, it's just like he's in there now, he's the CEO. The same thing a trustee is like the CEO. There are new CEO steps in if you're not here anymore.
Okay, so the entity stays the same.
The entity is the saying it's the owner of your stuff and it is not debt.
And when that trust owns that stuff, can it wind up after the primary person dies.
That's usually what that's usually the instruction.
But it can stay in place for the life of the heirs.
Yeah, it might morph into like more tra like you know, a lot of trust. It's like it says, break this up into trust for each of our kids after we pass away. And now those trusts keep going and you know, legally those are separate trusts, but they're all created by the same document.
Very interesting.
Thank you for texting that, whoever did, because you know, I mean, we go over that quite a bit, but it is an entity. And again somebody asked me about well, I'll get to that in a minute. Here we do have some more tests for him, and if you can call, you can ask him questions. Two three oh three seven one three talks seven one three eight two five five. Go with a sure thing Denver's best roofer Excel Roofing
dot com. You don't pay a cent until you're content, wait time for an insurance check up free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two.
Hey Tom Martino, you're troubleshooter.
Three o three seven one three talks seven one three eight two five five. I was talking about excitement to come on my show where I'm gonna have a link, a public link that'll bring people in to a website where they wait in a queue and come on with the show without a phone call. They can do it through their phone or their computer by simply clicking a link or putting a link in their browser. It's going to be wonderful. Seriously, I'm taking the show to new heights.
I'm always on the forefront. Come on. We all know that I was the first one to stream in Denver three O three seven one three talk seven one three eight two five five, the first one to have a referral list ever. Think of the first we had on this show, the first consumer show ever in the world. There aren't any anymore anyway, and there are a few copies that tried. But anyway, Drew, Welcome to the show, Drew.
I did.
I just want you to know something, Drew. I did get your email, and I did get your yet login information for your GoFundMe, but I haven't yet had a chance to go in and change. I wanted to help you rewrite your intro and make it more appealing, and I haven't had a chance to do that yet.
Is that what you're calling about, sir?
Yes, Tom and in fact do it at truleisure because you're doing me a tremendous favor. I've never had a computer or a cell phone. I don't know anything about it. The librarian said, you might want to switch your phone because then they're going to well.
I don't know. Here's what I You're right.
I mean, if I put my phone number down though on your on your GoFundMe, it may compliment I mean complicate things.
Now.
I know what your your librarian meant. She said, it's going to ask for verification texts, and it's going to be complicated if you get the verification.
I get that.
So what I think I might do is maybe temporarily change the phone number and then put it back to your phone number afterwards.
I don't know, I'm me because I know nothing about it.
Yeah, I know, looking I'm going to try to help you all I can, Drew. I'm I'm going to be straight with you though, and this is something I need you to know. I'm not so sure you're going to get enough money through this GoFundMe site because there are a lot of causes people don't care about.
I don't know how to put that.
I'm not saying you're not a good person or people shouldn't want to help you. I'm going to try to make the appeal to where they will want to help you. But we have the risk, sir, of them not contributing to you. Do you understand that right?
Yes? Tom? Can I go back to nineteen fifty four day c.
Nineteen fifty four?
Be sure you're right, then go ahead and do it. So that's what we're doing.
Yeah, Yeah, Okay.
We're doing We're going to do it when lose or draw. Thank you.
Yeah, and I just hope, like I said, yeah, I have your I have your link right here and your login. I just wanted to make sure I had him. Drew, listen, do you have a contingency plan? Do you have not?
Do you not have money to make pay rent this next time?
When?
When do you run out of rent?
Money?
On tuesdaree? Probably January, which is right around the corner.
Do you have so you don't? You have social security coming in?
I have social Security and pension and the total of both of them is seventeen hundred a month.
And how much is your rent?
Twenty two hundred?
Oh my god?
How have you been living up to this point, I've.
Lost ninety eight percent of my life savings.
Oh my god, Drew, what did you do for you were a preacher? For income? When did you stop working as a preacher?
Well, I guess with the car accidents, two of them, because I'm now halfway crippled.
Yeah again, Uh, your personal injury attorney, did we ever contact him? We never got you were you were going to give us the name and you never did.
Wait wait, wait, want to be asked by a very good radio station and he said no.
Wait, he wouldn't talk to us about your case. You didn't have to tell him where a radio station.
For goodness sakes, I always just say the truth.
I don't think about it. But that's what he said. I can ask him again if you want me to.
No, No, here's the problem. He's thinking it's going to be on radio and all that. We just want to find out what he's doing on your case. We're not putting it on the radio. We just want to help you.
Hey, tell me it should be coming the trial in about six seven months, but you know the card system. In the meantime, I'll be in the street come January.
Would you ask him to just see if we can ask him if tell.
Him I'm just a friend of yours.
I happen to be on the radio, but I'm just a friend of yours that wants to find out. Hold on, could Gena get the name and number for this guy length and give tell him that. Okay, don't ask him about being on the radio or anything of the sort. I think that just complicates things at this point. Gee okay, Oh yeah, good, Okay. Put him on hold three oh three seven one three talk three O three seven one three eight two five five. I'm want to go back
to this text. Someone said, Tom, I heard you talking about a creative way to use an LLC to pass things through death instead of a trust. Again, I'm not advocating they do it instead of a trust, but I think there are times a simple LLC could be apropos.
Here, and so let's talk about that.
Coming back on how you can use an LLC instead of a trust and when that would be apropos. That's coming up with McKenzie law Dan McKenzie coplans dot co is his number or eight three three co plans we have more.
Right after this. Plus we're going to ask the deputies for.
Any follow ups or progress on the cases they're working.
I'm Tom Martino.
Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much coverage at dozens of insurance companies find out now three all three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two yeer.
Ripped. You need advis so you don't have come running ass as can. Shooter's gonna help. Come man, This is.
The Troubleshooter Show, Now Tom Martino, Hello.
Tom here, Welcome to the show.
Three O three.
Seven one three talk seven one three eight two five five. Actually the main numbers three oh three Martino three oh three six two seven eight four sixty six. It's where you can call twenty four to seven. Leave a message. We'll get back to you and we will help you anyway we can. Okay, so you don't have to stay on hold and that's three oh three Martino three oh
three six two seven eight four six six welcome. Hey, uh, we have some questions for our attorney today for estate planning and anything on your mind.
We'd love to talk to you about.
But I do want to tell you something everyone, and this is really important to me. I years ago got a little pissed off at the financial planning industry and the personal finance industry and investment advisor industry. So I had a wild hair and I hired a guy to
do my own planning. He was a registered investment advisor representative with a company, and then he came and started working for me, along with another guy, and I just had them working for me over the years, just me and I made a deal that I'd give them a portion of what they returned for me. And then when artificial intelligence first started coming around, I asked them to develop some of those procedures and strategies we've done on this, and I said, why don't you you know? And so
we did. And then I did this about six years ago, and it was all selfish, absolutely selfish. I hired private advisors and I'm.
Not going to tell you about the performance. It was good.
But I'm not going to tell you because there's no guaranteeing performance ever. But we tracked it and we established an AI program. We call it SWELL Strategic Wealth Enhancement Learning Logic. Then I established a private fund and did that legally so we could invite others into it qualified investors. And I did that for a few years, and then I thought, you know what, I would like to do this for others, because frankly, there's a reason for it.
So I moved forward with official registration as an investment advisor with the Colorado Division of Securities and just did that. I mean, but I've been doing this for like five or six years, and I had the private fund, and I just here's what I'm telling you. I started a business because of it.
It's called Wave eight.
Financial Manage Wave eight Wealth Management. And the reason I did it I want to tell you about. And I'm not saying people are bad, Okay, I'm not saying that, but I want you to know about the industry because I don't think a lot of people know about the industry, not at all. And by the way, you can ask me any questions you want about it, or you can just call about any problem question or complaining three oh three Martino three oh three, six two seven, eight, four
sixty six. But here's the bottom line.
And.
I'm gonna be I'm going to piss off a lot of people. So I hope that when you hear me, you check this out for yourself. And again, I'm not saying the industry is filled with bad people. In fact, it's highly regulated, and I think most of them are really good people. I really believe that, I really do. They're not necessarily all equally as skilled, but I think financial advisors are pretty much a good sort. A lot of that happens since made off because restrictions and regulations
got way harder and tighter and safer for consumers. But most every investment advisor you hear about anywhere, or these shows you hear all over the radio all of the country on Saturdays and Sundays and all that, almost every single advisor are not really investing your money. Their relationship managers. They bring you in and they promise to advise you and invest your money, but they don't. Now again, they're not breaking any laws. I'm not talking about that. They
just are not your advisor. Now they appear to be your advisor. Instead, what they do is they interview you, so I guess they kind of advise you. They interview you, they find out about your risk level, your investment objectives and goals. They place you in similar portfolios with other investors with the same goals and the same objectives and
the same risk levels. They kind of section their clients in these portfolios, and then they hand them off to big broker dealers who then take care of the trading. Not bad, I mean a lot of people make good money.
Go ahead.
Now there are people say, oh, I don't care, Tom, I do everything myself. Well, look, no normal person has the energy or the time to do that. But I don't want to get into that discussion because there are noaht alls who think they do everything themselves, and they don't hire anyone for anything. I'm surprised to go to dentists. But in any case, most financial advisors bring you in, they establish a relationship. Then they place your portfolio with
a broker dealer and they're middlemen. And what happens is they pay a fee to the big trader, the big advisor, or the big broker dealer. They pay a fee, and they charge you a fee and they make a middleman fee. They carve off some for themselves and then pay the people who are really investing your money. Okay. Now again, there are people who love that model. They love their financial advisor. They say to me, oh, I love my financial advisor on liver Change.
Okay.
So I wanted to do it a different way. I wanted to actually really do it with my people, and so when I developed this firm, I made some pledges one hundred percent, one hundred percent of our funds personal funds, my money is in this company, one hundred percent of investible funds. I mean I might have money elsewhere, like in a house or something, but I'm talking about all of my investable funds are.
Exactly where yours would be.
We don't pawn off a portfolio to other people to make investment decisions.
Ever.
We take an active role in wealth building for you, and we limit our growth and expansion so everyone gets individual attention for objectives, goals and desires. That's that's what I want to do. And I'm the founder, I'm a client, and I don't get compensated for talking about it, but I will make money on the company.
That's what people do. You make a fee.
So I just want to put that out in the open because you will be hearing the advertised Wave eight Wealth Management. And it's an absolute passion of mine, and I've been silent about it up till now, but i can tell you I'm very satisfied with what it's done for me, and I want to do the same for others. And if you're interested at all, I'm going to give a phone number. This is not anything like the model in the marketplace right now. This is personalized. This is
one to one. I mean, we have a group, and we have a committee and all of that. We have the artificial intelligence, but this is not where we just pass along your portfolio. And I'm not saying those people are bad your mind, but they're not your advice. They're really not your advisor. Okay, that's just the true. The number if you want to if you want help, is three O three seven seven one help. I took that number from my bank and I'm using it now for
Wave eight Wealth Management. It's three oh three seven seven one help seven seven one four three five seven and it's the website is W eight WM dot com stands for Wave eight Wealth Management. You could spell it out if you want too. That'll get you there. Wave eight the number eight Wealth Management dot com or just W eight WM dot com three O three seven seven one help seven seven one four three five seven There. I wanted to talk about that. It's been on my mind
a long time. I've been working on it behind the scenes. So if you have any questions you can ask me as well. But I just wanted to talk about it. Another thing I want to talk about. I have Dan McKenzie with me, and Dan does a state planning and we have a question for him. LLCs instead of trusts. Okay, somebody heard me talking about it one time. A trust bypasses court, goes through death and preserves assets and money
and all kinds of stuff property, vehicles, artwork. And you can also write a lot of terms and conditions in there. You can put terms and conditions on the people who inherit. You can write a trust to match salaries for kids, you can do whatever, or you can dissolve it after your death and the trustee disperses all that stuff that's all true about a trust, right right?
Yeah?
Okay, Now what I also want to know, and Jeanette, I will take you next. I promise on a trust, though, how can an LLC help do some of that? And when can you use an LLC? An LLC is something you easily form. It's a limited liability company. You can do it in ten minutes online. When would you use an LLC?
So typically llices are used for like business purposes, right for assets that are producing income like a rental property or a business or something like that. Because LLCs do give you an argument that their asset protected right the assets are in there are separate from yours.
Where you have a little company LLC you know, yeah, ABC Roofing LLC whatever.
The revocal trust does not give you asset protection. People ask me all the time if I put this stuff in this trust, am I going to be protected from being sued? And the answer is no, And probably thank God, because it was that easy to hide your money, we all would do it and be living like So remember.
A trust does not protect you from lawsuits.
There are trusts that can do that, but they're sophisticated, They got to be irrevocal. They might have to be set up in different jurisdictions. So it's just a lot more than just a revocal living trust. The trust purposes just to get assets out of your name so that
you don't have to go through probate. The LLC we have used lycees for mistake planning to and the reason that sometimes those work is because trust puts somebody in charge and they end and like sometimes you've got an asset like a ski condo in Breckinridge or something like that, where it's like, this is a family asset, we really don't. We want the family to come together and work together, almost like a business.
Right, So you create.
An LLC with an operating agree, with an operating agreement that says, here are the members the you know, basically the boarder and what they own. Yeah, they're they're membership interest. What if they want to get out? What if your kid has moved to Florida and it's like I not interested in knowing a record in Ridge condo anymore? How does he get out?
So that's almost better than a trust.
It's easier for that circumstance. Yes, I mean it's not, you know, it's not for everything. Don't run own and put everything you have in an LLC. Uh, you can create tax issues for yourself. So you want to consult with us about this, but it does have its use. It does have its use in the state planning too.
Okay, so you would have these things, you could have all of them in one LLC or maybe several LLCs.
Oh yeah, yeah, depending on some with lcs like asset protection if you're using it for that purpose, Like the more you can break it up, like we sued huge companies. It's like, you know, one point as involved in loss it against GE. There were like seven different GE entities or a g G Healthcare GE worldwide, you know, and it's like they've soaken it up.
So you can have like if you have a rental, you can have each and you want to leave like different rentals to different airrors.
You can have them as owners of the LLC.
Right yeah, and then they can own that part of it in that LLC. And you can have an LLC for even can you have an LLC for artwork? Though probably not right because that's not income producer.
I mean I guess if it was the artwork was owned by a business. Like again, like with the big companies, like they'll put their employees in one LLC, they'll put their equipment in another LLC, they'll put the building another l Oh, really it all out like that, so, but that's a huge hassle to maintain. No, of course you're going to be willing to like even file the periodic reports every year is a pain in the bud. So you just want to not get too carried away.
But it can be used in place of a trust, and sometimes it's more useful than a trust. Now, Jeannette, we're going to come right back to you, Kachina, let her know I'll be right back to talk about a Greeley Dear Dealership and a Jeep Rubicon. Right after this, go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content.
Time for an insurance check up free no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. I'm gonna block them three oh three seven one three talk seven, one, three, eight,
two five five some ahole on YouTube. We're gonna block you. You're get out of here talking about venezuel As. I'm helping. How are the gang members doing? You know what? They're not all gang members? And I resent that, you piece of crap. Okay, anyway, get rid of I'll get rid of him. I'll block this son of a gun. How do I block this put this user?
Yeah, I'll just he'll just be gone, okay.
Anyway, whoever he is, he's a coward, a keyboard coward.
Hey, Jeanette, what's going on with you? Jeanette? By Jeanette?
What sounds like you have an Oh? Wait?
Did you buy this new or used?
I bought it used as.
A car lot?
How long ago?
It hasn't even been a month yet, it's actually in the shop.
Now. I'm going to ask this question.
I hate asking this question.
I hate it.
I hate it, but I'm going.
To ask it. I got to ask it. Did you have it checked out before you bought it? No?
I didn't, Okay, I just did a.
And who'd you buy this oa cheap rubicon from?
It's a car lotin Greeley called drive.
In Motion, Drive in like driving like a drive in theater or drive.
Yes, like a drive in theater driving motion?
Okay, drive in motion?
Got it?
And and uh, how long you had? About month ago? Okay, So what's going on?
Well, they sold it at a really cheap price. And you know, I asked about it before I went in.
Well, it doesn't matter if you ask about it. What everyone says that I asked about They said it was great. Okay, go ahead, tell me what they said.
Okay, Well they said that it needed an ABS module fix to pass admissions, but they weren't going to put the work in to get that done. That's why it's at the price.
Is that?
Well, let me ask you something.
Where what what? What? What were they selling it to you? And where do you live? Do you live in an emission controlled area?
Yes?
I do?
Then they had to Then they can't hold on.
They can't sell it to you without a passing emissions if they're selling it to sell a buyer in an emissions controlled area, unless they sell it to you as a toe away. How did they sell it to you?
I got the car finance through them.
I want to know how they sold it to you? On the invoice? Is it does it say toe away.
No, I'm pretty sure it doesn't say too.
But they told you ight up front it would not pass emissions.
No, they told me after I got the module fixed, it would pass emissions.
But I've boughten the module, Jeanette, Jeanette, hold on at the time of the sale, did it have the module it needed? No, at the time of the sale, it was not sold as a tow away. At the time of the sale, it would not pass emissions. Are all of those true? Yes, Well, then they're in trouble because they can't sell a car into an emission area without it passing emissions or giving you a three day coupon to have your emissions checked.
Now, did you get a three day coupon?
They did give me that, But.
Why would they give you a three day coupon if they knew it would not pass. They gave you a three day coupon and said, Jeanette, in order for it to pass, you have to buy an extra part.
Yes, did you buy it?
I bought the part that they told me it needed.
But it's still the.
And what did they say it needed? What did they say it needed?
An ABC module or ABS module?
Sorry?
ABS module?
ABS like in abs breaks. Yes, that has nothing to do with emissions.
That's what I was told from the repair shop.
Who did you who are you dealing? Did you call them back?
I've called them several times and they've been kind of ditching me. I finally got a reply today in an email, and the person over at the shop said that they would put five hundred dollars towards their mechanic fixing the issue that's causing it not to pass admissions.
Okay, and what is the issue causing it? What is the issue causing it not to pass?
It's some type of fuel canister issue going on.
Okay, Well, how much do they say it's going to cost if they're going to put five hundred toward it?
I had an invoice and it's over one thousand dollars, like a thousand under it.
No, you're not going to do that. You're going to undo the whole deal.
Even the cars already financed through a bank.
So they have to they have to undo it. They sold the car illegally and they're going to lose their license. In fact, Deputy d will you call and tell them that. Hold on, Jeanette, we'll get the information that No, they're going to undo the deal. Otherwise they lose their dealer license, so they can make the choice. They can't sell it like they did. They can't make you buy a module after the sale to pass emissions. They can't then say
we're not going to make it pass emissions. They have to pay for the whole thing or they have to undo the deal. That's the way it is, Okay. The only way they would get around it is if they allege that it would have passed in the first three.
Days but you did something to it. Okay, Okay, Okay.
Now I think that we can probably convince them that they're breaking the law. Okay, So hold on three oh three seven one three talks seven one three eight two five five Kachina, give that over to Deputy d well More.
Coming right up, Go.
With a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up, free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies. Find out now three oh three seven to seven to
one help. You'll think you're his only customer when you choose Frank durand the real estate man dot Com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two three seven one three Talk Trail three seventh three each two five five. Terry has a question for Dan McKenzie, Attorney at law for estate planning. Dan, I mean, Terry, go ahead.
Sir, Good afternoon, gentlemen, sir, how are you all good?
Good?
Hey?
I got a question. Back In September of twenty three, my wife and I set up a revocable living trust, and then in January of this year, we did a quick claim deed for our property to put into the trust, and I thought everything was good, and then all of a sudden last month, I got a letter from the Department of Finance, Denver Department of Finance saying that the legal description of the property is missing. Now I have a parcel ID would that not have the legal description?
Usually the legal description says something like lot eight, block twenty you know, sub whatever your subdivision is, and that needs to be on the deed somewhere. The parcel number is not the legal description, but if you have a document that has that on there, it might all.
So have the legal description on there. What document would Well, there's all kinds of documents.
What what do you what He's trying to find his legal basically, yeah, the legal description.
I mean if you go you can go back to the county indeed, Yeah, for the previous deed from the county, the one prior to the one you recorded, and that will have the legal description on there.
Or you can go online and find it on the tax records.
Yeah yeah, or you know the Clerk and Recorder's office also has the deeds online too.
That's where that's where.
That's where I went through with the quick claiming deed.
And did you match it exactly to the previous deed?
Well, I didn't have the deed with me and I bought the house thirty one years ago, so.
You know, I have no idea.
I guess My question is where could I find that at?
And why does he need it?
Because of the quick claim they wanted.
I mean, if he's trying to move his property with a new deed that did that news you just needs you just the legal description of the property and that the addresses like clerk and record doesn't care about the due. Okay, I need to know the legal, got it? I mean I would, I would call a fellow Martino. Yeah, Brad O'Brien, because you should not be doing your own deeds. I mean they look really simple, they are really deceptive, Like do not draft your own deed.
I just I really don't you mean your own quit your your own quit.
Clan indeed, like anybody, like your house is your most valuable asset. Probably it's multiple six figures. Like you're not gonna pay two fifty to an attorney to get this correct, Like you gotta do that.
So go through Brad O'Brien, well, at least to ask his advice.
Yes, but but you can find if all you're looking for is the legal. You can find that legal anywhere. I don't know why you're having a problem finding it. If you went online to the tax assessor's office and found your your appraisal card or any part of it, anything has your legal on it.
Oh keep, But why would they say it's not on there?
Well, I don't care what they say. I can go on there right now. I had to go on the other day and look at one for my hangar. It's on there. You can go on there and look at any property you have the address for that, and I don't know why, I, honest to goodness, don't know why.
If it is on there, how do I, Brad?
How do I mean, Dan?
How do I get it to where it is on there?
You probably will need to record a what's called a corrective deed. That's one way to do it where you're fixing things on a previous deed. There's also affidavits you can file, but usually a corrective deed is a better way to do it because you can't undo. You can't go back and like modify a deed. You record it already.
You can't.
You can't, you cannot, you cannot.
Well, then what do you do?
You got to file the corrective deed. It's another document one, Okay. The clerk Recorder's office is not messing with that chain. Okay, that's the whole point. So you've got to file something new to go back and correct the previous one.
Okay. Here's what I found as I asked my girlfriend that the legal description could be found in several areas. It says here the County Assessor's website, free and public access. You search the County Assessor's website wherever County you're in, you look for the property search tool and you put you can put it in an address or names or whatever, and you will get the partial ID and the legal description immediately. That's what it says.
And so Dan, do I have to then go through Brad to get a new deed?
No?
Not necessarily.
No, He's just saying, do you think the whole you might have created a little bit of a hole here? And you know, we have situations where it's like people don't fix it and then they pass away some years later. It's like, now the family's got a decades old you know that they're going and having to go back and correct through like a probate case that they wouldn't have had to fire or got to help you a quiet title action. Those are just a huge pain. So you
definitely want to get it right. And you know, yes, you're probably gonna have to file something new and you know this is a legal document, but.
It's not something I can do myself.
You can, and of course you can.
You can, you absolutely can, and you just proved yourself you could.
You just made a mistake and if you make another mistake, what Dan is saying is you don't get to correct them. You have to keep revising them, and sometimes the county doesn't find the mistake. See, you're lucky they found the mistake and told you to correct it. Some cases they don't find it, and you die and what you thought you did didn't work and they find a mistake on it, and then it's hell to pay for your heirs to try to correct it.
So where do I find a site that I can create a new deed?
Oh?
Wait, oh, oh, that part is different. I told you how to find the legal So where does he go? You just download a quit claim deed and fill it out.
Well, like I said, i'd probably a corrective deed at this point correct a previous.
So it's not just another quick claim.
Yeah, I mean you're asking for legal advice.
Yeah, yeah, you need to. You're okay, Look, the correct the original quit claim would have been easier for you to do on your own. I would not attempt to do the corrective deed. That's that's my advice.
Okay.
So I imagine you can find someone to tell you we don't feel comfortable with that. If you need to do a corrective deed and and you're sure it's not just you can't adent.
You can't amend, you can't do anything. It has to be a corrective deed.
So in a in a chain of title, you could theoretically have a number of errors and it's just it doesn't go away.
It's just the subsequent deed corrects it.
Yeah, eventually a title company is going to figure it out and be like, well, who's going to fix this? So you want to get it fixed, and.
Now sometimes title companies will do that for you.
Yeah, you can talk to a title company too, but uh yeah, I mean somebody needs to look at the notification you got from the assessor's office and then correct. If you're recorded, look at the previous deed and then correct. Look, give you advice based on the paperwork, like yeah, because usually when people are telling me stuff, they're they're getting it wrong.
I think Terry, in your quest to save money, I think you cost yourself a little money at this point because you're gonna have to get someone to do it. Three oh three seven one three talks seven one three eight two five five Go with a sure thing Denver's Best roofer excel roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now
three oh three seven seven to one. Help You'll think you're his only customer when you choose Frank durand the real estate man dot Com your home with Remax Alliance three all three nine two zero sixteen twenty two. Hi Tom Martino here three all three seven one three talks seven one three eight two five to five. All right, So, Dan McKenzie, we have someone else who wants to know
about uh deading and stuff. So is the best way when you have a trust to deed with quit claim deeds into the trust or what other way would you do it?
So, there's lots of different kinds of deeds.
You've got quit claim deeds, you got warranty deeds, you got bargain and sale deeds. I mean these are it's kind of a question that I have to defer review when we're doing deeds to trust in our law firm.
So it's not a standard answer. I mean, if you preciate, you don't do a general warranty deed, right, Okay?
Yeah, because you know the issue with a warranty deeder saying I warrant the title is good.
And the concern is that would you buy title insurance for yourself, your own trust?
That's the thing.
It's like, if the trust gets sued because of a defect in title and it doesn't have the title insurance, you're going to go back to the previous owner. Well, who's that?
It's me and I have a title.
So there is some wisdom for the trust getting title insurance and a warranty deed.
You know, the title insurance I don't necessarily think you need because you have Okay, you have the previous you're the previous owner.
But a warranty deed is it cleaner than a quick claim? Is it stronger?
It's stronger.
It's I think there's a there's a concern among lawyers in Colorado that using a quick claim deed will sever that title insurance and actually using a warranty.
Deed will maintain it. Okay, that's very yeah.
Yeah, So again I just tell people like, just you know, this is not usually a huge expense to pay a lawyer to do a deed for you or a title company. And we see people do their deeds all the all the time, and they make mistakes and as you just mentioned, it might not surface for decades.
Right, We've got a probate.
Going on that the person died in nineteen ninety two and their family company with indeed and the people who executed that deed had no court authority to do so, and they just thought they could do it because they were the person's kids. And now here it is thirty two years later and somebody's trying to finally sell that property.
Entitled company is saying, well, who is this?
Who are their errors? We're having to chase people around the entire country, some of whom are in like care facilities, you know, and get their sign off.
Wow, this is bad. By the way, Dan McKenzie is our guest today, McKenzie Law State Planning, and his number is so good it sounds like he's not here, but he is live and local eight three three COO Plans.
It's not some big national firm.
He's a local firm that takes care of you one on one eight three three COO Plans. We've got more coming up on the Troubleshooter Show three oh three seven to one three Talk or three oh three Martino, get your calls in now go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content. Plea time for an insurance check up free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out
now three oh three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.
Ripped you needed? That's who you don't have? Run anxious as the cad Shooter's gonna help.
Come Dix is the Troubleshooter Show Now Tom Martino.
Hey, welcome to the show.
I'm Tom Martino. Thanks for being here. We are solving problems, answering questions, taking complaints, make your life a little easier, and we are working on problems behind the scenes on phones. You give us a call, we will help you. All you have to do is call me. This hour brought to you by Wave eight Wealth Management. Yes, my very own company. So I do want to make that disclaimer. One hundred percent of my investable funds are there, and that is my pledge to. I started a financial advisement
company because I believe the industry basically needs some help. Okay, so I'm not kidding three or three seven seven one help seven seven one four three five seven.
My pledge. I founded this for myself. It was selfish.
After years and years of doing it, I decided to make it public and do official registration with the state and with Securities Division, and also I started a private fund as well. And it's all because I wanted to do it for myself. Most of the industry does not actually invest your money. They counsel you and place it with other dealers and brokers and make a spread their relationship managers.
I'm not criticizing it.
People love your financial advisor, fine, but they're like a remax broker.
They're there, they make money in between.
I want you to know that one hundred percent of my money is in this company, and one hundred percent of everyone in the company has their money in it. That's the requirement. We do nothing that we don't do ourselves. It's absolutely one transparent. I can tell you there's not a question we won't answer. I'm the founder and so therefore this is my company. Just I want to make that very clear. So I will make money on it. We make fees, but uh, I want you to check
it out. Wave Eightwealthmanagement dot com. The shortcut is W eight WM dot com W eight WM Wave eight Wealth Management and the numbers three oh three seven seven one help seven seven one four three five seven. This is me personally. I did this. You know the time I did something like this years ago, I started a phone company because I was pissed off at the phone company.
And I started I remember that for.
Thirty two grand and then I brought an investor for sixty and this was years ago, and then we sold it to I think I can tell it wasn't a non disclosure. We sold it to Dish I believe for like eight million, eight to ten million or something. That was years ago. I started was called a Sea Leck and it was called Liberty Bell. And the reason I did it is because I was pissed off at.
The phone company.
Now I'm starting this company because I was pissed off at the financial planning and this excuse me financial you know, the investment advisement industry.
I'm not pissed off at people. There are a lot of good people in it now.
One thing I will tell you going through the process, Thank god, I will say that the State Securities Division and the sec and all of those people since this made off thing. I don't mean just since then, but they do a great job screening people and you can feel safe. And that's one thing I feel good about about the industry in general. They're really really watchdog in it for you. Anyway, a Deputy Bow has a follow up or no, he has a question, I'm sorry, Deputy Bout,
you have a question for Dan mackenzie. So let's go to the wide shot here. Okay, go ahead, Bo, Dan's listening.
Hey Dan, I have a question on I'd like to know the difference of an addendum and a conticel that she use after a will or trust is done. Are they synonymous or are they different?
Just like that's a good question, Bo. I've heard of that term cottaicil and amendments. Are they the one and the same?
Uh?
Well, cota sill usually is an amendment to a will, and addendum is like an addition to it.
Either way, whether it's regards to which one it is.
It has to be executed with the same formality as the will itself, So if you're doing that, you do have to have you know, the Gold standards have two witnesses and a notary. The statue in Colorado does let you do one or the other, but you know, we usually do both just to make sure. But if you're going to do a codicil or an addendum, usually you
should do that. Make sure it's very clear that you're making an amendment or an addendum to the previous will, and so that it's you know, make sure it doesn't if there's a conflict which one which one has priority. So there's there's a few things to be careful about there, but the primary thing is you got to make sure that it's the same formality as the will.
Shows an addendum and the concil synonymous, Are they basically the same?
I don't think so.
I mean, when I hear those terms, I would say codicil is amending terms in the will. So if your will said leave everything the Bob, you might have the castile let's says leave everything to Steve, like you're changing that term.
And an amendment is an addition, like hey, I also so have this adm or you just.
Bought something new and you want to leave your boat to somebody.
Yeah, I mean then you know, and then them to say yes.
Now, I'm see I see the difference.
But it seems to me if I had a will and I was leaving everything to Bow or a lot to Bow, and now I want to leave it to Dmitri part of it, I wouldn't want to do a condosil.
I would because cells are like.
From the days when we had typewriters and it was hard, That's right, the whole thing.
I would just I would just redo it, right, yeah, because why would you ever do that and leave it open for well he wait a minute, you know I was on there first, right.
Amendments are always hard to deal with, like a contract or whatever else. It's like, you know, okay, which paragraph is this a ending? And which part is amending? Which part isn't? Is this the harder?
Yeah?
Bo, Why wouldn't someone just take it away and put a new one in and you can say this is a new will and testament that supersedes any other ones, right, yeah.
Well you're adding to the will, whereas a consasole, you're changing something in the else.
That's how I interpret that.
Yeah, that's exactly right, that's exactly right.
And that dum is an addition to the will, and a condaicel is a change to the will.
Yeah, and we don't recommend or I'm not giving you legal advice, but Dan says it's easier just to redo a will than to do a conda. Still, so you leave everything clear in the meaning, no misinterpretations.
Okay, can you get by with one witness.
Or do you need two?
I mean, the statue says you don't need any if you have a notary. When we execute wills, we do both. We have two witnesses and a notary because it's one or the other in the statute. But I've heard, like the Denver Probate Court, for example, isn't really honoring that. They're saying we want both. That was the traditional rule, but at some point the statues in Colorado said it's one or the other. So one witness is actually one more than you need, but one less than I would recommend.
Okay. And then I have a question on a trust. So if I were to pass away, a trust goes to the trustee, how does the trustee get the legal power to like go around and change bank accounts, like for example, on a will, you go to a probate and the court issues I think a letter of testametertery, which is the power to But how's that done with the trust because you said in your conversations that you do not have to go to court.
If you have a living trust right, Yeah, the trustee. So there is something called the Uniform Trust Code in Colorado that was enacted several years ago, and it has the rules about how the trustee accepts the job.
Lets people know that they're accepting the job.
And so you've got to send out notice to the beneficiars of the trust that you were nominated to this job, you're accepting the position, and you are you know where to contact you so they know where to go. And then you have to provide you know, a inventory and accounting and all that kind of stuff to those people and the parts of the trust that concern them. And then you just do an affi David saying, I swear under oath that the person who created this trust has
passed away. They named me, they'd be their trust d I am accepted that job, and that's what they show to the bank.
So there is some.
Documentation to do that probably sounded like a lot. Most of those documents are pretty simple and you just do them on your own.
Okay, you have to go to court, you do not have to get.
A court authorization now, so bo, I'm going to give you the proper spelling of my name for your will.
Thank you, Thank you boy.
Right hey, listen, Okay, So we have more coming up on the Troubleshooter Show. Deputy d I heard he called that dealer in Greeley. That's an interesting case. Well, we'll get an update on that and more coming up on the Troubleshooter Show. Go with a sure Thing Denver's Best Roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free,
no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven seven to one help. You'll think you're his only customer when you choose Frank durand the Real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two Hey, Tom Marksino here three oh three seven one three talk three all three seven one three eight two
five five. Welcome to the show. Let's uh talk to you about your problems, questions and complaints. I'm going to go to my friend here. Let's see where is it air we go? Let me just bring them up. Pat, are you there?
Sir?
Yes?
Sir?
Okay?
Pat?
Good? Well in between calls here again, callers get priority here. I want to talk about the stock market. Pat Jolliffe is my chief compliance officer and an investment counselor an investment advisor, and he's with Wave eight Wealth Management that we unveiled today and let people know about. Although Pat, we've been working together for many, many years. I already explained that how we started this whole thing, and and also that one of our own money is in it,
we are not. Unfortunately that's not the case with a lot of companies. They they do a lot of talking, but they don't do a lot of walking. And I want to talk about the market. What the hell's going on? I hear it's up, I hear it's down. I hear it's up, I hear it's down.
So what is it?
I mean truly, what is it? What's driving it is?
Is it the economy? I don't see it as now now our our Ai I told them about our Ai our Ai saying, you know, go here, go here, go here, and it's been pretty accurate. But what is causing this erratic movement? Is it the news about elections or is this common around election day? What?
Well?
I referred to it as headline risk, Tom, excuse me. And I think people are very emotional right now, certainly with what's going on with the election, but also with
going on in the Middle East. And you know, you couple that with the other part of the things that people don't necessarily consider, as the fact that there's large pensions out there that are managing money that have future liabilities that they need to be able to meet, and the only way that they can do that is to funnel money into the markets in hopes of giving a return and access what that liability is going to be.
And so, you know, people can only or institutions can only take a cash position for so long before they have to put that money to work.
So when the money goes back into the market, is that good for the market? When they start coming from cash back into the market or does it create more volatility.
Well, it's good for the market and the fact that it's going to drive pricing up so to the extent that you can find the opportunity and have an understanding where that flow is going to be. It's all about cash velocity. It's both from the investor and then it's also FED policy. You know, people think a lot of times it's more about the administration that's going to affect the direction of the market, but it's really about FED policy because they control the velocity of the money and
the capital into the marketplace. And so obviously, having come out of a period of time when interest rates and the cost of money has been so high, we've had a dramatic decrease in the flow of just consumer capital flowing into the markets because it's been so costly. And now we're starting to see that come down, and so the cost comes down, you're going to see more capital flows in the markets as well.
Yeah, and I want to explain that pack because I think it's important that people know that in order to understand that the correlation between interest and the market. What Pat was talking about is if you can make really good money with a normal savings account for goodness sakes, or a T bill. I think I was making six and a half percent for a while there, pat just letting it sit in treasury bills six and a half percent.
So if you can make a relatively safe, risk free money in some of these online banks and T bills and different things, you tend to take it out of the market. You go into those safety things, and that causes the market to go down a bit, right, correct.
And it's also in the converse. It's it's difficult on housing starts, right, because then you look at the cost of the money to go get a loan and get a home or refinance or anything like that. So it locks up the flow of capital that way. But as you've said, for a long time, it's been extremely difficult or more difficult to extract income out for particularly retired people and keep it in an environment where it's not extremely volatile because interst rates have been historically so low.
So it's been a long time since we've been able to go to banks and CDs and things that mistrams actually gave a decent yield. So that's been nice, but we're going to see that start to flip and as you know, not to get too far into the weeds, but there's a you know, converse correlation between its interest rates. It's in the price of securities in the marketplace, particly with fixed income investments. People have a tendency and I think they're told this and it's incorrect, that there's no
risk in bonds, and that's not true. There's a there's an inverse correlation between the face value of a bond that's trading in the marketplace versus what interest.
Rates at the bank or that's right, that's right.
I did say risk for it, and it's really not risk for you, because you have the risk of purchasing at the wrong time. You have the risk of having your money tied up and losing.
Growing power.
Well precisely, and to the extent, if you're holding a bond that's paying say five percent, and all of it, and you paid some sort of a premium for that bond, and all of a sudden the interest rates and the savings accounts go to six percent, what's going to happen to the face value of that bond in the marketplace. Nobody wants to buy your bond that's paying five to May go put it in a savings account and get
six and so you have volatility on the downside. Now, when you hold bonds to maturity, typically you're removing that market and interstrate risk when you do that. But there's you know, it's part of why we do what we do is we kind of get into the weeds of help us understand what it is you're trying to accomplish, and then we can look at all of these different instruments.
We can take the specifics of those and say we take this is going to work well, and here's why because of the environment we're facing today.
So Pat, thank you, thank you for being part of it. And again we all know how long we've been doing this and and and it's finally official that we can be public and we can we can talk to people. And I want to mention, in addition to individual counseling, one thing that Pat mentioned that's really important. If you have any kind of a four oh one K for your company or retirement plan, here's something that people do.
They set it and forget it. They set these things up with administrators and never give a thought to the fees they're paying, because all they want to do is have it for their employees, and they automatically assume that
all fees are the same, and they're not. If you have a four oh one K in a business right now, I'm not talking about a recipient of a four to one K, But if you're business owner and you set up a fourroh one K or any kind of a retirement plan, you can't assume that you're getting great rates from the administrator. So that's money coming out of your pocket.
And we'll do a free review of that, because truly, it's something a lot of companies never think about, don't you think, Pat, They never think about.
Oh, absolutely. And the bigger thing that they don't think about and probably don't realize, is that they, as an employer providing a retirement plan for their employees, they have a fiduciary responsibility to their employees and so you need to make sure that you're complying with what those fiduciary responsibilities are. And if you're not sure what they are, then let us know and we can help you understand.
Free free reviews complementary and by the way, it's three O three seven seven to one help seven seven one four three five seven. Thank you, Pat. Appreciate. I got to go to this call now and that's again three O three seven seven one help and it's W eight WM dot com or Wave eight Wealth Management dot com. Charles, what is going on with this contractor? What's happening? Charles? Welcome?
Hey Tom?
How you doing good man?
What's happening?
Well, basically, a contractor pretty much was going around when everything when all the roofs were being done, and he left his card in the whole bit and we talked. He wanted to see what the insurance would pay, like everybody else.
Well, no, actually that's the wrong kind of contractor to see what insurance will pay. A contractor should give you a complete and detailed estimate of what work's going to be done, put it in writing, and then you talk to your insurance about what we'll pay. But anyway, keep going because here's why a lot of times contractors will make their price match what you're gonna get paid.
Okay, correct, And that's what I thought.
And that can be by the way, that can be good or bad. Think about this, If the insurance is not paying that much, right and the and the contractor sees that before giving you a bid, he might give you a lower bid and leave out some important stuff that you should have because he wants to get the insurance job, or the other way around. If the insurance is paying a lot of money and and he was going to charge you less, he may increase the price just because. Okay, So what happened then?
Okay?
So basically did you hire him?
I was basically waiting for him to give me an invoice and everything. He never gave me an invoice. I never signed anything. I'm at work. My wife calls me and.
That you have never signed anything with this contractor did he do your roof?
There was shingles that showed up on our driveway. I'm at work.
Okay.
Three days later, his guys come take off the old roop and put the new roof on.
What wait wait, you never signed up with this guy ever?
Correct?
He came to your door and he wanted to talk to you about it, and you never signed Did he say this tricky thing like, hey, just sign this so we can look at your roof?
I never signed anything.
He's okay, gotcha, I believe you. But but so he was knocking at your door and and did he give you ahead?
I didn't say he knocked at our door. He's a contactor that our neighbor uses a lot.
Got it?
Okay?
Did he.
Since everybody else was getting their roofs done and everything? He figured, Well, he asked me, did you sign up with any contractor yet? And I said no, I didn't sign up with anybody.
Did he give you an estimate?
No?
What?
Why?
That's why I'm calling you because.
Okay, so tell me what happened next?
Is?
What happened next is in a day he replaced the roof without you telling you.
Basically a day and a half. Okay, he replaced He replaced the roof because I told him I had a timely when I hire a contractor, I have a timeline that I have to work with. He says, well, that's going to fit right in with doing your neighbor. So he was going to do in the neighbor's roof, and then he understood that he would probably wind up doing our roof if he gave me an estimate. He never gave me an estimate.
I get it. So you never hired the damn guy technically correct? Okay, now, so he just talked to you. He replaced Rufe. But I have an obvious question. When you saw the work starting, why didn't you or your wife go out and say, wait a minute, wait a minute, we don't have a contract.
He wasn't there, His ohs were there to speak that don't speak English?
Is that what you were wondering? D Why they didn't go out and talk to him?
Yeah? Did he try to stop them?
Did? He just said they were of Spanish speaking Crewe?
I assume correct.
Okay, so then what happened? Keep going?
Okay, so they replace the roof and everything. Now I asked him, I says, well, what's going on? I still don't have an invoice of what all this is gonna cost. Well, you know, I think we'll probably just go with what the insurance settles with you.
Oh no, no, no, no, no no, Look at you never got a contract. That's against Colorado law that you have to have a state approof contract.
Correct.
What's the next? Can I can you tell me the name of the company?
I could, but I'd rather do it off the error.
Okay, that's fine, I want to I want hey, bo, I want you to get on this case.
Man, do you know if he got a permit for that?
Did he even pull a permit for your house.
Oh bo, you're gonna love this. He showed up a week after I got back in town. He took me and my neighbor down to the city and had us pull the permits as homeowners?
Are you giving a kind of tacit approval by going along with all of this?
You think?
I still don't think he can nail you for it, but it's kind of weird that you would go down and get a permit and say, look sir, that's up to that's your problem.
Now, Well, the work was already done before he took us down there, and to get the permits. That's the thing.
Does he have a license in your jurisdiction?
He That's the other thing. He was using another contract.
Okay, man, Charles, you tell us hold on, we got to take this break. Just hold on because I got to figure out what do you want us to do. I'm Tom Martine. Go with a sure thing Denver's Best roofer Excel roofing dot com. You don't pay a cent until you're content. Time for an insurance checkup free no obligation. In comparison, call Compass insurance paying too much your coverage at dozens of insurance companies find out now three o three seven to seven to one.
Help.
You'll think you're his only customer when you choose Frank durand the real estate eight man dot com to list your home with Remax Alliance three three nine two zero sixteen twenty two. Hey Tom Martino here three three seven one three talks seven one three eight two five High Charles, we were talking about a legal principle we want to talk to you about, but first I want to ask you what do you want? This is what Charles called
in about. He said, a guy came over, a contractor was doing some roofs in the neighborhood, came over to talk to him about his roof. They discussed it a bit, but Charles never signed anything. All of a sudden, materials show up at his door or at his house, and then the guy replaces the roof in a day and a half for two days. And now he finds out the contractor doesn't have a license. He finds out the contractor wanted him to pull a permit, so he went
after the fact and pulled the permit. It was after the fact that you pulled the permit, right, Charles?
Correct?
Okay, as a homeowner. Now here's what I want to know. I mean, not want to know, I want to Yeah, I do want to know. First, and then then Dan McKenzie, attorney at law, here who's who's of course, the state planning, he had some legal observations. But I want to ask you what do you want?
Basically, I want to make sure he can't put a lean on my house and try to make me pay whatever else the insurance is going to pay.
Okay, Now let me ask you something. Do you want to pay him anything?
I already paid him part?
Well wait a minute, what did you pay him? What did you pay him?
Okay?
I figured it first. You know from listening to your show and everything. When materials show up on the driveway, then you're pretty much stuck with the contractor. I never ordered the materials.
Okay, I get it ordered.
But how much did you pay him?
So far?
About eleven thousand?
What do you think that roof is going to come out to from your insurance?
I already know what the roof came out.
Well, what is it?
What is it? That's roughly fifteen okay, so basically just four more.
Basically four more, but including that is personal property and everything that was damaged in the haill.
Okay, I'm gonna I want to explain a few things to you. First of all, what the insurance pays you and what he charges you should have no correlation at all.
Okay, correct?
What? Okay?
Yeah, but we do want to talk about a few things.
The fact that you didn't sign anything in this particular case doesn't mean much. And I'm going to tell you why. Dan mackenzie told us about a principle in the law called latches. Okay, now what is what does that mean? Latches? Dan? Explain him? Dan explain? You're an attorney, explained latches to us.
Yeah, i's if you're watching somebody do work and thinking that you might benefit from it, to knowing that you haven't the contract agree to it, but you're pretty happy to see this work happening. You can't then later say I didn't and I didn't you know, Yeah, I never agreed to pay for it, so I'm not paying for it.
Now. Would quantum marrow it come into it as well? Which is which is quantum marrow? It means you got a quality, you got a value. Okay, now here's the thing, Charles, listen carefully what that means is this. Let's say that a roofer was supposed to do your neighbor's house and got the address mixed up and came to your house and you thought to yourself, hmm, they're doing my roof
and you just watched them. That would be latches. So it's almost latches in this case where the guy talked to you, the guy you know delivered materials, the guy did the roof, and you didn't stop them, and and and what do you let it go?
But the thing is I wasn't there to stop them. I was at work.
I show you your wife. Your wife was there, Okay. You said it took two days? Were you at were you at work for two Were you absent from your house in two days?
I'm an over to road truck driver.
Okay? Okay? Were you absent the entire time your roof was being replaced?
I'm just asking that, not the whole time?
No, I was there the last day, okay.
And when he talked to you about materials, you said, when the materials were delivered, you thought you were stuck, and you paid them eleven grand?
Correct?
The thing is he never well, he's okay, you paid him before they started the roof, when the materials were delivered.
No, no, I paid them after everything.
Oh okay, so when it was all done, you paid eleven grand.
No a week after that? Yeah, basically, yeah.
That's okay. So we're really you're doing the right thing in paying him. The question is how much do you pay him? And as I told you, what the insurance here's his problem, Dan, help me on this. His problem is the roofers problem is he doesn't get paid just anything he wants either. At the same time, there has to be a fair price. I mean, in other words, what if the roofer says you owe me fifty grand? I mean, what if the roofer says you owe me
one hundred and fifty grand? I mean, you just can't do work and get so there has to be this fair value. And it can't just be what the insurance settlement is, because that doesn't always dictate what the roof is. Does your insurance settlement break out the roof and break out.
The personal property? Yes it does, Okay, then.
Tell me how much of the actual insurance settlement is dedicated to the roof.
I wish I had the thing in front of me, just roughly, just roughly about twelve.
Okay, so you're willing to pay him the section of the insurance settlement dedicated to the roof. Correct.
But my thing is, I don't know how much the materials actually cost because the difference is there's been contractors that go and buy substantial material so they could save money and keep that.
Wait wait, wait, wait, you're saying substandard not substantial, substandard material.
I mean, I mean, like we wanted high end shingles and they'll go and buy a lower one, same color, trying to pass off.
Okay, it's way it's way too late for you to make that argument. Now listen, you can do anything. You can do anything you want. But I'm going to tell you, and this is not legal advice. I'm just going to tell you the practical stuff here. You will get a lean on your house if you don't pay a fair
price for that roof. And the fair price could be argued that it's what the insurance company speck doubt, and I promise you the insurance company did not speck out the best roof on the market, nor did they speck out the worst roof on the market. So they specked out whatever roof you had, and that's probably what you got. Now, if you're suspecting he bought cheaper roof than what was on there before. If that's what you're suspecting, you're going
to have to prove it. You're going to have to get an expert out there to literally price the material compared to the previous material. But then you have to take into consideration today's prices for that material. I would say it's too much brain damage over one thousand dollars. If the roofing settlement is twelve grand and you already paid them eleven, I would pay him the one thousand dollars left and saying, look, bro, here's the insurance. Look at it. This is what you're getting paid.
Right. I understand that. But the roof that was on there was supposed to be the same one that was supposed to go back on. So I have no problem with that.
It's not exactly the same. It's supposed to be light quality.
Correct, But I mean the brand that was on there and the brand that was supposed to be going back on, what's the exact same. I have no problem with that. My problem is I don't have an itemized receipt or you.
Don't have to. You don't have to. He doesn't. He doesn't owe you enough. He doesn't owe you an itemized receipt. You didn't demand one.
I never signed anything. And usually when you sign something with a contractor, it's gonna.
Say that goes both ways, that weakness, That weakness goes both ways. You didn't sign anything, and you let them go, and you paid them, you gave approval. And I'm gonna tell you you're gonna lose this when Charles, you're gonna get a lean on your house. It's what are you trying to save? One thousand dollars? Two thousand? What are you trying to save here? What is your best case scenario? What do you think you'll accomplish by putting up these roadblocks?
Just tell me what do you think you'll accomplish?
What the insurance says? Well, to take the thing back. They're saying because the insurance don't pay everything out, Yes they do. Oh, there's not everything at once.
We gotta take a break. We'll be right back
