The Troubleshooter 4-15-25

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

Man.

This is the Troubleshooter Show now, Tom Martine.

Hey, Tom Martino here, Welcome to the show. Three oh three seven one three talk seven one three eight two five five.

We're here to talk about.

Anything near and dear to your heart and your pocketbook, the things that tick you off and the things that make you tick.

Welcome, one and all.

We are streaming on YouTube, as we do every day with my YouTube morons.

You can be a moron too.

If you go to YouTube, you just look up the Troubleshooter Show or Troubleshooter Network and you'll find us. It's also you can search referral list. So welcome my morons, one and all. And also they want me to and I don't know how to say this, but we have a Discord going on and Tim always asked me to promote that discord, and I just need to know how I send people to Discord. I'm not sure, but we do have a Troubleshooter group at Discord and we invite you to join that. So today we have a guest

To you about your problem.

You can always call three oh three Martino as well, three oh three six two seven eight four sixty six, and you can call that twenty four to seven and we'll get you on the air. You know, I was shocked to hear that Lebron James and Stephen Curry are no longer the top selling jerseys in the NBA. This is just a side note, you know. I'll be honestly, I'm a fairweather fan. I just got interested in the

Then you have then you have.

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

So I was just uh.

I was just shocked because Lebron James for because the name's school, the Jersey School.

I was shocked to hear that.

And speaking of sports, the only time I become interested.

In golf is during the Masters.

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

We're having some phone issues.

So anyway, when we're talking about the Masters, you had.

This what was that?

The Susan Lucci of Masters. He's been at the Masters for years and years and years and years and just one and I'm telling you it was really fun to watch. And the reason I bring up the Masters is not because of the Masters, but because of because of this woman who lives next door or near the golf course. And people are selling their homes to the Masters, or to this golf course, or to whoever the developer is. They're selling their homes because they want to expand the

Of course there are a lot.

Of holdouts for money, and they offered her more than a million dollars.

It's a little three bedroom house.

She raised all her children there and says, no too many memories there, and my husband died here. Money ain't everything, she said, we really don't want to go. So that's the story. That's why I mentioned the Masters I have with me today. I'm going to bring them up here if you're streaming a guest and we'll talk about a state planning. Dan McKenzie's with us and Dan has co plans dot Co and Kachina. Let me know when the phones are up and running. We do want to talk

That that's really I never even thought of that. So they do.

Yeah, if they're earning income.

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

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

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

Okay, So now the estate pays.

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

Yeah, I mean the estate will have if it.

Has is it the estate of xy of Johnson.

It's a different Yeah, it's a different return than the ten.

Forty it's do you do those I do not.

Some attorneys do, but we usually refer CPAs to do it.

Okay.

So as long as the estate is open and earning income, it must pay correct.

Okay.

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

The phones are now working. So when.

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

Is that right?

Right?

The only time you pay tax on an inheritance, I'm told is when tax has not been paid on what you're inheriting.

Does that make sense? Is am I saying that correctly?

Yeah?

Retirement accounts?

Sir?

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

Yes? But it's inherited, and so.

So what is it?

Does it become Tom Martino's four oh one k? Or is it John Smith who dies four one Kay's?

It's your inherited four oh one k?

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

Can I roll it into mine? Okay?

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

It depends on if it's traditional or ofth but yes.

You know it's traditional, so okay, so I inherit this what happens.

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

I and as I withdraw them.

Yeah, you're declaring that as income.

So if I wanted to withdraw.

Only a very little of it, I can. I don't have to do them in ten even payments.

There is a minimum distribution. It's kind of a silly formula.

Even if you're an under seventy two, there's a minimum distribution.

Yeap, And what's the formula? So it's exhausted.

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

Well, but presumably as you get older, your income's lower, so you would want to do it maybe.

If I'm fifty, If I inherit it when I'm fifty and I'm still sixty, I'm probably still earning income.

Okay, So anyway, you have ten years with inherited qualified money to distribute it to yourself and to.

Pay tax on it.

Correct.

Yeah, okay, so except roths. Roths are also you're constrained to ten years, but you're not paying tack.

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

They want you to they want you to write, they want you to take that money on pay those taxes.

There's no penalty. This is that though Kirst new it was for his dad.

So if I'm under fifty nine and a half, I take that money anyway, and it's not considered early withdrawn.

Not a penalty, but you're you know, again, you might bump yourself up some tax brackets by taking you know several hundred.

Thousand atat of time. Heather, welcome to the show.

You're having a problem with a general contractor.

What's going on, Heather.

Well, I started with him in February of two thousand and twenty two.

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

I had him remove an old woodstove and put in a new one.

That's all.

That's that's all, entire, entirety. And it started in twenty twenty two.

Yeah, and and and put in a tile, you know, for fire safety on the wall.

Okay, what is the what is the name of the contractor that you hired in twenty twenty two to do this woodstove?

Your business is called Anthony's Chimney Service.

Anthony's Chimney Service.

Okay, hold on and we'll come back to you and figure out what's going wrong and how we can help you. Three oh three seven one three eight two five five. This hour brought to you by waterpros dot net the absolute best water systems at the lowest prices. Get healthy get healthy water for your plumbing, for your body, for your drinking, all for under four grand. You get everything for thirty nine ninety five, including getting rid of chemicals

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 here three oh three seven one three talk seven one three eight two five five. So Heather hired the Chimney Service to replace a wood stove in twenty twenty two.

Continue your story, Heather, I.

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

Okay, I get it.

So you put a smaller So you put a smaller woodstove in.

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

Okay, got it and like like like a protective tile, right and.

The original balance. He charged me five thousand dollars okay for okay, okay, And then he came back. He put the stove in. He bought stuff at home depot, which I know. The floor tile I looked at it up and the cost of dollars forty seven apiece. There are a foot square and I intwered my house.

So why are you questioning, Heather? I have a quick question.

If this happened in twenty twenty three, why are you questioning now what he charged you?

Because that's not all he charged me.

Okay, he charged me continue.

In twenty seventy three. Okay, the five thousand, then yes, then he charged me and also two thousand and seven hundred.

And that was when did he hold on?

Was that in twenty twenty four or was that still in twenty twenty three.

Twenty twenty three? In July twenty twenty three, he charged me another three thousand. In September of twenty twenty three, he tried another another.

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

Twenty seven hundred more in September of that year, and then got it. Why why me another three thousand? Then?

Why did he why Heather?

Why did he charge you twenty seven hundred in September? I want to take one at a time. Why did he charge that?

Let me see, I'm trying to look at the receipts, but he gave me.

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

Did you have him do more work.

He also had to stain the the chimney out.

And you know, so was that the twenty seven hundred? What was what? What I need to know on your invoice? What was the twenty seven hundred for?

It was?

It was his first year for cleaning the chimney and bringing the stove down and taking the old stove out.

And yeah, but wait a minute, you already paid him five grand for that.

So what's the twenty seven hundred for?

Yeah?

I know that, and I can't find what ex for?

Okay, I get it.

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

He said it was a chimney. It was for the chimney and inspection.

I get it, But I need to know the five grand that you paid originally, did it include the stove itself?

The five grand?

Yes, that includes the stove.

Okay, okay, So so twenty seven hundred then he charged then he charged something else.

Yeah, and.

So in addition to the five and.

The twenty seven hundred, he charged you another three grand.

You said, yeah, well.

He charges one hundred and seventy five dollars an hour.

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

What was that for?

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

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

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

Wait a minute, and what is this guy's name? Is guy's name at Anthony's what's his full name?

I think that his last name is Jones.

What does it spell that?

J O N E s.

Oh Jones? Okay, got it?

Listen, do you have a phone number for this guy?

Yes?

I do?

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

Could you do me a favor and call him?

Yeah, you know, Heather, do you have invoices that you can send to us?

They're not there on that yellow.

Okay, no, I get it, I get it.

Can you take would you be able to take a picture of the front of them, just a rough picture with your cell phone, not.

A rough picture, a high quality picture.

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

You know, we we don't need.

Okay, when I set a picture, obviously the best quality you can get.

But the bottom line is.

I just want to verify you did business with the guy, and if we can show the amount on there, we'll call him and get details. But do that for us please three oh three seven one three eight two five five. This sounds horrendous. Fourteen thousand dollars and when you think about it, she exchanged the stove and she paid for this, so that included a stove, chimney inspection and cleaning, and some tile. It sounds ridiculous to me, But why now? Why is she questioning it now? The last work was

It's all free of charge, complimentary.

That's three oh three nine two zero sixteen twenty two Frank durand the real estate Man dot com Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven seven

So I have a pretty obvious question for Heather.

Heather, why did you start questioning and calling us now? Or have you been thinking about this the whole time.

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

He never finished the tile, and you had to hire someone else.

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

Okay, I get it. So in other words, not only did he not.

Finish, but he did a lot of wrong things.

Yes, and he.

Could have killed me and and anybody else that was in my house.

Now, how much did you pay the second contractor.

I've only paid him five hundred.

Oh my goodness, So this guy must be golden. He's a good guy.

Huh. The second guy just wants to help you out.

Wonderful man.

Okay, Well, Deputy D I don't know if you heard this, but not only did she spend fourteen grand with this guy, but the second guy she hired for five hundred bucks, who've inspected everything, said there are a ton of problems on top of it. So Heather, get off the phone, get us that contract, to get us some pictures. Lay him on a table and take a picture with your phone. Send him to us. Kachina walk her through that. Katie, your turn, Katie, I'm Tom Martinez. What's going on with you? And,

Landlord?

Are you the tenant or the landlord the tenant? What's going on?

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

And well, let me ask you this, katie. What's the name of the place. What's the name of the place. Let's expose it.

It's called Hidden Lake Apartment. It's right off the sixty eighth in loll.

Hidden Lake Apartments, sixty eighth in loll Okay. Now when you wait, what do you mean they're lying? Tell me what you mean by that.

So I bluntly ask them do you have a bug problem? And they said no?

Wait?

Wait how many people ask that? You actually asked that? Before you rented? You said, by the way, do you have a bug problem?

Yeah?

Really, I mean I never asked that in my life, but you actually asked. You asked specifically if they had a bug problem. May I ask why you asked that question?

That's a weird question to ask.

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

Both got it.

I get it. I get it. And so they said, we have no problem?

Right?

And how long did it take you? You're there twelve days?

Tell me how bad is it?

I haven't I haven't even moved in yet. And in my unit, it's not bad.

In my unit.

I haven't seen any live bugs. I see only dead ones. I was there yesterday. I'm trying to break the lease. I can't furnish an apartment.

Well hold on.

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

What kind of bugs did your witness? Are we talking about cockroaches or flies or bees? Or one?

Cockroaches and they're dead?

Correct?

Now?

How do you know that maybe they did that? Because maybe they've they fixed the problem?

Now?

No?

Yes, what do you think you never fix a cockroach? Probably?

Wait? Wait?

Wait, do you meaning he could never fix York? And there are more cockroaches there than stars?

In the sky. No, but hold on, what do you mean you can't fix it?

Though a building can have an exterminator come in and fix the cockroach temporarily.

What do you mean temporary?

They live in the walls, they live in the floors, the ceilings, the pipe.

So listen, Katie, you saw several dead cockroaches.

This is recent. She's only been there twelve days been there, she has not even moved in.

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

Really?

No, seriously, how many dead bodies did you see?

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

Oh Katie, but listen, are you jumping the gun here? Listen?

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

Wait, dimitrio.

Are you telling me if you saw two you would think there's a major problem.

If you see two, that means there's two thousand more. Oh, come on, come on, really.

Guarantee you that?

Man?

I didn't you live in New York too?

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

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

Did you knock on doors and ask neighbors if they're having a cockroach problem?

No?

I didn't. But now that I know that there's this issue, the neighbors are saying that there's a problem not only with cockroaches.

But with bud bugs.

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

Okay, Katie, When you asked about getting out of the lease, what did they say?

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

Okay.

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

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.

Revietionized.

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

Can she get out of this lease?

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

Brad Well.

The Colorado Warranty habit Abilly Statute allows the tenant to get out of the lease.

But there's several steps that have to be followed. First, they have to give.

The landlord notice of the condition that makes it uninhabitable, and then the landlord has a certain amount of time to respond to attempt to.

Remediate, And then and only then can they go to court to.

Sue for a termination of the release.

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

If you start already signed the lease, that's the contract which is finding doesn't matter if she hasn't moved in yet.

Katie, are you hearing this, Katie?

Katie? Is she still there? To China? Just tell me?

Okay, So Katie, it sounds like it's going to be an uphill battle if you try to get out now.

But if you moved in, I know it's sees how much is the penalty?

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

Grand, So you're talking about three months altogether.

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

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

You don't pay a cent until you're content.

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

Yeah, RiPP.

You needed that's who you don't have?

Run anxious as can. Shooter's gonna help come.

Dix is the Troubleshooter Show. No Tom Martinez.

Hello, Welcome to the show.

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

Woo, so welcome.

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

Welcome.

Sally and I have some textas as well about a state planning and a state Questions what is your question, Sally?

My question is what do you do within a state attorney who is not returning any calls, emails, tepts to the executive?

Okay, let's back up. Okay, let's back up, Sally. Who's the state are we talking about?

It's my brother.

And when did he pass away?

January of twenty twenty four.

Okay, So your brother passed away in January of twenty twenty four.

And what happened then?

To give me the steps on this attorney and how he got involved.

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

So he knew he was dying. Did he have a terminal illness? I mean, did he know he was dying?

Yeah?

Yes, yes, he had a couple of very serious things that have been going on for years and it come to that he was eighty three.

Okay, yeah, okay, So just before he died he contacted this attorney, right, and who is the attorney?

The attorney this is in San Francisco in the Bay Area.

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

Now? Is the estate settled or not?

The estate is.

Basically finished. It was all in really good order. It was not the least that complicated. And the executor is a lady friend of my brothers, who also lives in San Francisco, and she's just done a wonderful job and she cannot get a hold of this attorney. The attorney is a female actually, But why do.

You have to get a hold of it?

Why do you have to get a hold of the attorney if it's all settled, what is the purpose?

Well, things need to be settled out that the executor, you know, she needs to meet with her. She has documentation.

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

No, nothing's been distributed.

Oh I thought you said it had been settled. So you mean he died in January of twenty twenty four, and nothing has been done.

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

Okay, but what tell me how big your brother's estate.

Was or is a callin a million?

Okay?

So nothing has been distributed, but things have been done in the background, tax returns and stuff like that. But you want to know when is it going to be closed out? And you can't get an answer correct? Okay, Dan, what are you do in a case like that when you have an responsive a state attorney? This sounds has probate actually been opened as a case?

Yeah, yes, it has all everything, to my knowledge and to the executor's knowledge, has been.

But has there been a probate case, an actual court case opened in your brother's estate's name.

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

What is that?

Wait?

Wait, but what does that have to do with my.

Pater didn't own the house anymore. It's mostly just so probate wouldn't have been necessary.

So the house was burned down. Did he get insurance proceeds?

He did, Yeah, and it was in San Francisco proper. So yeah, you know, I get it.

I get it.

So what is there what is there in his estate to be distributed?

Mainly cash?

Mainly cash?

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

And I guess I just said, are is She declined? Are you the you're the fiduciar?

She she is the an heir and he appointed a personal representative.

Okay, yeah.

I mean it's always tricky because that's not really your attorney. So you could hire your own attorney, like you can't.

Really, she doesn't have standing as an heir.

To talk to the attorney.

Not necessarily that attorney is really the attorney for the estate, but.

The representative she knows the personal representative and the personal representative she knows very well, and that personal representative can't get a response.

See, yeah, it's kind of their obligation. So she should can talk to the personal representative and ask for that.

And if she's not getting you know, recent can.

The personal representative go to the bar association?

Sure?

But I mean I guess first, if the personal representative feels like they're not getting responses, you can always you can always fire your attorney.

That is always something you can do.

So if that, I mean, it really is on the personal representative to get this done.

Well.

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

Yeah, I get it.

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

Here's my question.

We are aware we could.

Fire this person and get a new attorney, which is what we're looking into. But my question is this other attorney, Mike is holding some documents. How do we even get that away from her? Because she won't even respond to text to emails to nothing.

You know what, I'll bet you.

I'll bet you I could come up with wording that the personal representative could send that would get a reaction. If you know that that attorney is getting texts. The personal representative can say you had a fiduciary responsibility to me and to the estate, and you have been lax in your response to me. I am going to the Bars Asociation and the Oversight Committee, and I'm complaining about you. If I do not hear from you in two days, that's what I would do. Now, Dan, Is that silly

I don't want to interrupt, but that's exactly what happened. Several weeks ago, was the middle of March, and my one of my sons.

Was a businessman.

I'm very good at writing. He wrote a letter for the representative to make sign and.

It was not and it was in strong wording like that, and it.

Was exactly that we gave. She gave her till death eighteenth of March to respond, which was.

And the attorney. Are we sure the attorney's alive?

You know what?

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

To help them lodge an official.

Complaint against you if you do not contact them. I'll bet you that gets a response from a radio show. You want to make a bet we can get a response.

I don't know.

Well, here's what I want you to do, Sally. Here, I'm going to tell you what to do.

I want you to hang up and call the personal representative and say, look, these people from the Tom Martineau radio show, a consumer advocacy show. They're willing to contact

They're great people.

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

Hey, I'm Tom Martino.

You're a troubleshooter three O three seven one three talk seven one three eight two five five. Jason has an issue.

With a trailer park. Jason, what's going on?

Hey?

Tom?

How are you?

Good man?

I was helping a buddy six a leak up in Glenwood Springs at a trailer park.

And now is this buddy? Is this buddy?

Hold on?

Is this buddy renting a trailer there? Or does he own his own trailer there?

They they own the park, him and his family, oh owned the trailer park.

And the old.

Abandoned trailer park. And they think the waterline froze underneath.

It and broke.

And so I went up there with him to help.

Him fix it.

And then he lived in Florida, So she took.

Off and didn't help, went back to Florida, and I drove back up to Glenwood Springs and dug it up and capped the line and fixed a water hydrant and did some other work around the trailer parks. I was up there for two weeks, and I asked them for my money when I left.

Wait a minute, you said, this is a friend, right, a buddy, This is a buddy, yeah.

From high school?

And so you.

Helped him, and how much did he agree to pay you? Was this like a buddy thing or did he agree.

To pay you?

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

Yeah, but did you have did you have permission to do that?

Yes?

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

How much are you owed? How much Jason? How much are you owed altogether?

So what I was owed and what I told him to pay me are two different amounts. I just wanted to get paid. I told him to just pay.

Me for fifty hours. How much fifty hours times fifty.

Times fifty So yeah, twenty five hundred bought it. But I was up there for two weeks, hotels, food.

Stuff like that.

I was living in my truck and I was paying for it.

Have you ever talked personally to your buddy. I have.

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

Yeah.

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

I did a lot more work I had.

Yeah, but it doesn't matter.

You're only charging twenty You're only charging twenty five hundred. When you told him that, did he agree to it?

Yes?

Oh well, and you know.

This is like and like I said, I got text and they got pictures of Jason.

Yes, when was the last time you were on that job? I'm asking for a very specific purpose. When was the last time you were at that job?

Right?

Good?

Two three weeks ago? And that's why I'm calling, because I don't know if you need them or.

If you absolutely positively, you absolutely positively need to put a lien.

On that okay.

So and if you if you don't know how to do it, you hire an attorney to do it. You need to put a lien on it. First, you have to warn them you're putting a lien. Then you do a lien, you file an attent to lean, or you notify them of an intent to lean, and then you lean it. And there's a very specific time period. I suggest you hire an attorney to do it. It's worth it for and I wouldn't go for just the twenty

And what county is this?

Uh?

What is it?

MESA?

But I okay, well, I think, okay.

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

Okay, Can I asked you one more favor or one more sure you think?

Go ahead? No, go ahead? What is your question?

Do you think you guys should call and try and light a fire.

Under the Oh? Yeah, yeah we could do that.

Who do we hey, Kachina, who do we have on duty today? I don't want to overload the deputy d here?

Oop Dollar and Deputy Chopper?

Oh okay, sorry, so Chopper you're in the studio, Yes, sir?

Who else is in the studio?

Deputy Dollar?

I'm here?

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

Dan McKenzie's with us.

I have a quick question for Dan or actually Dimitri, you have one? What is it? Yeah?

So you know, over my lifetime, I've learned a lot about how to do stuff right by also learning how not to do it?

So what is wrong with this possible scenario?

Instead of hiring someone like you to write up my will, why wouldn't I just simply write up everything I I want to have happened, including whom I want to have what not half the letter notarized and give it to my beneficiaries, possibly with a small stack of signed blank checks to all of my accounts. Now, I'm not suggesting this is the proper way to do it. I realized

I mean, are your beneficiaries authorized to sign? You said the checks are signed? Yeah, I mean obviously signed by you. Yeah, pre signed blank checks.

And I'll say, look, when I die in this letter, I want you to have all of these accounts hold the blank checks just right.

When are you going to give me that check? Anyway?

So the probate process is an orderly process for making sure everybody has the information and knows what's going on, and somebody's in charge and has a responsibility.

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

Yeah, you're there's no way that will is gonna be any good. It's gonna have ambiguities in it. It's gonna miss stuff that you don't.

But what about the blank checks.

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

When you just write a bigger.

Check, we well, because I don't want it to bounce.

You're I mean, you're creating a fertile I don't want.

It to bounce.

Okay, So would anyone protest if I if a day after he dies a check shows up at the bank, would they honor it?

Well, they would honor it, right because they have no idea that I die.

Yeah, Okay, So now you're committing fraud?

What that's fraudulent to.

Cash a check for somebody who's dead and not tell him they're dead?

Really sure, you're you're taking.

Money out of a dead person's again, I mean immediately that bank is going to lock that account of.

Okay, Okay, all right, it's not proper, okay, and in a nutshell, But.

What about I understand is improper. But I'm just wonder why it's improper. Improper?

So, well, it's not like it's not a not an ideal way to distribute his assets. He wants to know you're looking for a quick and easy way.

To distribute assets with two beneficiaries, my my nephew and my niece.

Why not just put designated beneficiaries on the account. I already did that, Okay.

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

If you put them as as do on death for them payable on death certificate and for your two very nephew and niece, that's done.

You You did it.

Your will is not going to control that at all.

Right, another thing you can do, and there's a you know, there's all kinds of tricky things you can do.

It's better to do it the right way. But payable on death.

Uh, certificates on accounts are really easy.

And by the way, I do intend to do it correctly. But that is asistence you already he did. Payable on death, that's correct.

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

And the only other asset I have is my home, and I know what that is?

I mean, how do they know who your beneficiary?

You have to have a will. Now you could have.

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

But dan is that considered weird?

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

An LLC operating agreement can do everything you want, really an LLC and survive your death because on your death, your ownership goes to the survivors. I've done LLC operating agreements like that, where you know, with with my wife or with someone who when I die, they get it all and then there is no there is no probate, there is no, a state. It just is an LLC, and that LLC is an entity unto itself like a

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

All right?

So we got more coming up on the Troubleshooter Show'm running a little late, so we'll be back right after this. Go with a sure thing Denver's Best rufer excel roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass insurance paying too much your coverage at dozens of insurance companies find out now three all three seven

Remember that. I'll never forget that anyway. Darryl. What's going on? Man with DMV.

Yeah, it's Darryl, Daryl and my brother Larry.

That.

Oh okay, that's right.

This is Larry, This is I'm Darryl and this is my other brother Darryl.

Right, So what's going on, Darryl?

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

There's nobody in this room.

Nobody and you got three people working over there, didn't matter.

You got to make an appointment online.

Well, hold on, couldn't you make it? Couldn't you have taken out your phone and made an appointment?

Yeah?

If I wanted to wait another forty five days, what.

Wait a minute?

So they didn't have any appointments open online. But you were there and no one was there, and they wouldn't let you in.

There's an armed guard at the door, wouldn't let me in.

And there wasn't a soul in the room. Nobody.

So I went out and stand it on my phone. Forty five days later, I can get an appointment. But my question is, COVID is over, it's done.

It's a thing of the past, right.

Why do you have to have poyment online?

Why?

Why? But here's what I don't understand. How long was that place empty when you were there?

Well?

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

And you could have had it done in the glass not working. You got three.

People, right, that is so, and you could have probably been in and out of there and what ten minutes?

What you know? Really?

Yeah? So why?

Why?

Who makes these rules?

Is that a state thing?

Is that a governor?

Who does that?

You know what? That's a good question. I don't know. I actually don't know who. I mean.

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

Well, they wouldn't even let me in the door. And I what, you know, what I was really shocked about is an arm guard?

Really?

I mean, I get it.

I don't I don't get I don't get what's going on. I don't think they're all like that. Do they all require appointments?

Do you know every single on everyone I went on the DMV website, you can't get an appointment for less than twenty or thirty days out.

Well, you know, but in a way, if you think about it in a way, hold on, I understand, I understand your frustration, But if you think about it, I used to hate going to DMV and waiting in those lines. And I don't know if there's anything wrong with an appointment system, it just so happens that you didn't know about it, so you showed up there. I mean, I listen, I understand you're upset, and you want to get the

Yes, so, I don't know, man, there's not one office you can make an appointment with.

What were you going to say?

D So the appointment thing has been in effect for at least five years.

Now, well, no, five years? Yeah?

Yeah.

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

I like that in two minutes.

I like this, wait a month?

I mean, well, it's once again you've waited a.

Month to get in there.

All right, let me summarize it this way.

But you really didn't wait. I mean you're you're not like waiting in line.

I mean yeah, once again, DMV is providing the punchline to every joke we've ever heard about DMV.

All right.

And if you looked at that one cartoon they had the DMV workers where snails or sloths?

They were sloths, that's right, not snails.

It's it's part of the government system and unless you're going to run for office and change it, then we just got to work within the system.

Now, BO, Deputy Bow has a suggestion. BO, what were you going to say? Is Deputy Bow there? Or Bo, do you have a suggestion? Yes? Now I can go ahead.

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

With the title. I wrote her a letter or are you think you.

Can call her? And she's can cut through the red tape and get it, you.

Know, help.

But she's not going to make a special exception and make an appointment for him.

I mean, it's not going to help him with his issue.

They won't.

But for all of our listeners, the DMV needs to.

Change because going there is like going to a third world country.

I get it. I was intimidated with the guy with.

The pistol on his tip, you know, and you're right.

You go in there, there's forty empty seats and you just.

You know, you can't get in there for an appointment.

Some people just don't know how to make.

An appointment online.

But just you know, she's the lady that can make changes at the DMV.

Not for this, but for you know.

We're paying the time their salaries. You know, there needs to be changes.

And I feel for this. I had a similar problem. And okay, it takes to go in there and get a duplicate driver's license. It's ridiculous, you know.

But but okay, we say it's ridiculous. But what I'm saying is making an appointment. When you're waiting those three weeks, you're not waiting, You're doing your life. It's I'd rather have it that way than waiting three hours at the DMV office. I mean I used to go there and sometimes you would you take that ticket and you sit down and you're waiting hours. I don't see the big problem with making an appointment. I think the biggest problem was Daryl did not know it, so he showed up there.

I don't 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 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

What's going on with you? Cliff? What's happening?

You may have seen some of these car washes around town. Take five. I think they also have oil chain services.

It's called take five.

Take five. Yeah. I signed up for a monthly subscription and my wife had signed up for a monthly subscription to their car washes.

And how do they work?

Discovered? Well, so you pay, you pay a flat rate. So it's either sixteen twenty two or I think maybe twenty seven dollars tiered different service levels.

All right, hold on, I want to hear about this, cliff, hang on, I want to I want to hear about how this works.

We're running out of Tom.

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

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 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 oh three nine two zero sixteen twenty two.

Rip you need so you don't have runs? Can shoot us? Help? Come man, this.

Is the Troubleshooter Show.

No Tom Martino, Hey Tom Martino here, welcome to the show. Three three seven one three eight two five five.

Let's get right to the phones. Now.

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

Okay, So I had one and my wife had one.

For me.

It works great, it's a business expense. I drive a lot, so I watched my car a lot. It's very handy.

My wife not so much, and decided that she was going.

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

Mean take care of it? Did they say they would give it credit? What do you mean take care of it?

We'll credit you back. Yeah, we'll give you a credit, and they did. But she called the credit card company and said, I want to permanently stop them from taking this money. They've done it once. I have a feeling they're going to continue to do it, and they have. In fact, they've tried twenty eight times to take the money out, and that wasn't enough. They even tried under

Minute, how many times? How many times have they tried?

Twenty eight?

Now, why are they doing that?

I guess they're either morons or they're crooked.

I don't don't insult my don't insult my YouTube morons, No, no, no.

No, but they're they're creepy. Yeah, man, what what the hell.

Is going on?

Did you call, by the way, did you call them and ask about it?

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

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

I have a feeling that that is going to be the issue that I run into when I if I decide to.

Stop now, now, by the way, how much is the monthly R card? How much is the monthly no no, by the way, yeah.

Sixteen dollars?

And and how many times do you get there to do a wash?

I'll probably go there twice a week.

That's pretty cool.

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

Wow. Okay.

In any case, Cliff, if you you know, if you we might want to call there and just say why do they keep doing it? I mean, it's just kind of amazing that they keep doing that. But I'm glad you're getting the word out. People need to keep track of that. I imagine people are getting auto dinged all the time. My son just did a charge this morning and it went through on three places Apple, one credit card and his debit card.

Three times for the same thing.

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

Is Deputy D on the phone even though he's here? No, he's not.

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

Oh.

Somebody says the DMV is a step up from the Colorado Payback program.

I gave up a claim I.

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

Though.

Somebody else said you can renew online you never have to go in ever. Now is that true? Can you renew online a complete driver's license?

Why did I have to go in?

I think I had to go in because I believe they make you go in.

Every other time. Yeah, every other time, because you need to update your photo.

So you can get by twice with the same photo. And how long is the license good for five years?

Five?

I thank you?

So then every ten years you have to go in.

Correct. That's not bad. That's not bad. The best. Okay, somebody wants to know.

Oh, we got to get our tax guy on because today is tax day and somebody wants to know about extensions and money owed. So get Eric on whenever you can. Kachina, we want to use him. And also I have a question for Mike Wink of bankruptcy attorney want we have some questions for him. And then we have an update from Deputy d on the salvage title somebody called about. And then we have our guest Dan mackenzie to talk about a state law. So anything you want to talk about,

Windows in your home.

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

So is it valuable?

Well, yes, and no, you don't get penny for penny money back. Sometimes it's better to leave allowances open.

Is Eric up right now?

I have I do have a question for him, Eric, Ryan Atlasfirms dot com.

Hey Eric, thanks for being here. We have a quick question.

The first one is I have six thousand dollars I owe seventy five hundred.

What do I do when I file my taxes?

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

Okay, So you don't have to make a note. You just send in what you can.

Yeah, and they Automatthew will sit back and response a month later.

Now, will this monthly payment be what they say it is? Or do they negotiate it? Like, how do they come up with a monthly installment?

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

And in today's world of interest rates, what are you paying in interest rates?

It's probably going to be at least a ten percent rate on it, So just consider it a ten percent loan from the irs.

Okay, but that's if you think about it, that's almost better than putting on a credit card.

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

Someone else says that they have to file an extension and they know they're going to owe money, but they don't have the money right now, but they will have it. Should they wait to file.

The extension or do the extension?

And then what do they do in a case like that with they know they're going to owe.

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

Oh my goodness.

So if they file an extension and don't have the money. Do they put a note in there? Do they ask for an installment?

What do they do?

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

But what about the money owed? Will they contact you?

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

Okay, will you get a penalty then if you didn't pay on the fifteenth?

Definitely?

Oh you will? And is is that really uh? Is that a pretty heavy penalty for not paying on time?

Yeah, it's a combination of the eight percent interest plus I think it might be one percent per month late payment penalty, So it's a blend of interest and penalty, so that.

Could be twenty percent a year. Wow.

Yeah, it could definitely get up to that if you're not paying.

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

So the answer is okay, here you can to get on a program and do it over a short period.

Okay, I got a couple more.

If you can hang on, I got to take a break three on three seven one three talks seven one three eight two five five.

If you have any tax.

Questions, we're answering some of them by text right now. We also Dan mackenzie for a state law and then Deputy d has a follow up on that salvage title we talked about the woman was convinced she had a wrecked car and wasn't told. We'll talk about that and more coming up on the Troubleshooter Show. Renew Home Innovations has the most beautiful showers you'll ever imagine. They convert your shub, the tower, the shower and tub into a

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, you're a troubleshooter three oh three seven one three talk seven one three eight two five five.

Today is tax Day.

We're addressing just a few things on that with Eric Reinemer from Atlasfirms dot com. There are a series of accounting offices that serve small businesses and clients, not just business, but they're great. They've been doing my work for years and years and years, and our troubleshooter network as well. So Eric, somebody is calling or texting about it's a woman wants to know about innocent spouse. Whatever the heck.

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

Okay, And so do they actually then say to the husband or wife, yes, you're not responsible for this.

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

Yeah, okay.

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

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

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

Not paying? What are some of the common mistakes?

Yes, so here, I looked it up while we're offline. The key thing is if you don't pay Number one, if you don't have the money, you still on a file anyway, because what happens is the failure to pay the money accrus at five percent per month on top of the interest, but the failure to file by not even filing an extension is five percent per month up to twenty five percent. So you can get in a world of hurt if you don't at least efficiently say you want to extend that at least gives you six

And speaking of deadlines, we're speaking with Atlasfirms dot Com, the accounting firm we've used as our experts for years. So Eric, speaking of deadlines, the extension gives you a deadline to.

When six month, well for the person returns is six months from today, which is October fifteenth.

And a lot of people.

Have businesses which we're due on March fifteenth and get extended until September fifteenth.

Okay, and that's and so then that's the final deadline, right yep. And so people you've heard it here Atlas Firm, and if you need an accounting firm, there's certainly a good one. Three oh three seven one. Thank you very much, Eric. We appreciate the last minute information and tips for the questions we've had. Thank you very much for being on. Okay, deb, what's going on with their air conditioner? Welcome Deb? Oh

Eight two five five.

Deputy D has a follow up on a salvage title D without going into the solution, what was her original contention when Amy called the show?

Amy bought a car from a dealership up in Golden and it immediately broke down. And the Amy's allegation was that they sold her a car with a salvage title without telling her because she found information to that on a report she pulled from some service called Bumper. And the update that I'll provide when you're ready in fall, my conversations with Rod Greer from jfr At.

Associates and he's not involved in he's.

Not involved in it. But he's our expert on guns cars. Okay, and he ran that title through two services that they use.

Okay, good, and I have some answers. All right.

We got more coming up on the Troubleshooter Show. Three oh three seven one three eight two five five one Clear Choice Garage Doors for all of your garage door needs. Give us a call at one Clear Choice Doors dot Com. That's twenty four to seven service for emergency situations, Broken springs services.

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Time for an insurance check up free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven seven to one help. You'll think you're his only customer when you choose Frank durand the Real Estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Artine here, Welcome three all three seven one three talk seven one three eight two five five.

I'm gonna go to Michael Wink right now.

Mike Wink is an attorney that does bankruptcies Wink Law Firm dot com. And I had some questions here, Mike. Somebody wanted to say, or someone did say.

By text that they don't.

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

Sure, we represent people in bankruptcy and in settling debt outside of bankruptcy very frequently. Those are two primary areas of practice. To settle, you have to go into default. So as long as you're paying the debt, they're never going to negotiate, like you might get a break on interest or something, but they're not going to take less

I heard medical bills were easier to settle than credit cards.

Now, well, like I.

Said, I think, I think it's just more variability. So, you know, we've achieved percentages on large medical debts that I don't we've ever achieved on like bank that. In other words, you know, we've done ten percent fifteen percent on certain medical debts. So in that way, the greater savings is possible. But like I said, sometimes I feel like by the time we get involved, the bill has been discounted already and it's when from that point it can be difficult to get more discount off of it.

How do you charge for your negotiating service?

Right?

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

Really get So when you say ten percent of the debt, when you say ten percent of the debt, do you mean ten percent of the final amount or ten percent of the face value.

Pre settlement balances? Yeah, so it's ten percent of the balance, So were they of the settlement. So you end up paying about sixty percent with our fees and the settlement amounts.

Okay, I get it.

So if someone owes ten grand, your charge is a thousand?

Am I reading that right? Yeah?

And then and then you reduce it to whatever you can and then you try to reduce it as much as possible.

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

But okay, I get it.

Type of that that you know the amount, okay.

And Mike, do you find being a bankruptcy attorney they know that going in when you're negotiating.

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

Do you have some collectors or some creditors that just never negotiate, Like, are there just pains in the butt?

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

Okay, And I just got this text saying that she's she was unemployed, but she was going she had signed up for a community college and then had a diagnosis and she thought she was very ill and went through a period of time where she was with surgeries. She never contacted the school, she never went back to the school, and now the community it's a Rapo community college, is asking for full payment of all of those courses. Did you ever negotiate educational debt like that for hardship?

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

Okay.

Have you dealt with educational facilities before institutions and are they easy to deal with?

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

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

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

Into a Yeah, like if it's a if it's a young person who's hardly working, and there's a prayer they're going to.

Get paid, it seems to me they might be more apt to want to negotiate.

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

Thank you.

And Dimitri has a question, Deputy d go ahead, Thank you, Tom, mister wink.

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

Are they pretty open to that?

And if so, roughly what percentage of the face value of the original debt do they accept for let's say a four or five years ago defaulted credit card.

Talking about people who buy up the bad debt.

Yeah, there are multi billion dollar companies that bottom feed in this industry, LV and VS Are they of them?

Are they easy to deal with? Mike?

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

For settlement or how much.

I would say you're in that forty to fifty percent range. The risk is what's risk that goes out if they sue you, which is different than a like a debt buyer. But if they hire a local attorney, now they're going to suit you, and then the cost of the settlement goes up. So you know, I would say on average we're in the fifty percent range. Oftentimes we get it settled before a lawsuit. We're really doing better than fifty percent.

Mister Weak, I've I've learned that they buy this debt for literally two or three cents on the dollar.

Is there any truth to that?

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

Yeah, because if they know they're going to sell to a collector for pennies, they might want to just do a better settlement with you guys, right, correct.

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

Have you ever been able to avert enough debt and settle enough debt that someone who came to you with a bankruptcy ended up not having to do a bankruptcy?

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

Do the do the creditors ever want to know where the lump sum is coming from?

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

Or hell, what if.

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

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

Them all right, Thank you, Michael Wink. It's Wink Law Firm dot com. Seven to zero five to two three zero six two zero seven to zero five two three zero six to zero.

We have more coming up.

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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, your troubleshooter three A three seven to one three talk seven one three eight two five five. So Deputy Dimitri has a follow up. So a woman calls up about her car and says she thinks she has a salvage title. She was never it was never disclosed to her, and she found that out.

Well, she ran a vehicle report on some service that none of us have ever heard called bumper Per. Yeah, and Bumper maintains that this is either a salvage or a branded title vehicle. So, as you know, we had Kevin Culkin from Shearon Argitech ran a Carfax and the Carfax, which is a very reputable company that we're all familiar with, doesn't have any indication of either salvage or branded title.

So break that tie.

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

There is no indication of branding. I guess you.

Thought because co part was the one that sold it to her. Yeah, cot excuse me, Coparts sold it to the dealer.

Yeah, and so she suspected that, well that must have been an insurance resh Yeah, which is you know, which is a reasonable assumption because co Parts sells insurance re recks. However, according to Copart's website, they also claimed that their premier auction site for what they call clean title cars. So that's not an indication automatic indication of a salvage vehicle, but these two serve is. The JFI Access said that,

And remember when you called the dealer, they weren't very No, they were very unsophisticated.

It's unsophisticated about how they handled it. They just didn't ever want to talk about it.

But if they have nothing to sounded suspicious to me when you called them and they wouldn't even talk about it.

Yeah, that's that. That's why I was suspicious.

So my suspicion was based on the fact that they refuse to discuss this matter with me.

Anyway, Kevin Caulkin inspected the car and verified the engine is bad.

Shot done, it's shot. She's gonna need a new engine. She's going to need a new car.

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

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 on top of it.

Time for an insurance check up free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven seven one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two Ripped you need who you don't have?

Run anxious as fast as we can show shooters gonna help. Come man, This is.

The Troubleshooter Show.

Now, Tom Martinez, Welcome to the Troubleshooter Show.

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

Yeah, I've got a couple of cases, one with the Small Business Administration docking our callers social Security payments like two hundred bucks a month. So dealing with everything has been kind of Dealing with the government is always slow going at best.

And what about you, mister Deputy Chopper, Well.

Kelly, I'm only working on that call from up there in glen Wood. The guy that went up and worked on a trailer and did a lot of digging and other stuff. He's trying to get his money. One side is saying he didn't send an invoice. He's saying he talked to her and the price. So I'm just trying to settle them both down and hopefully get some money sent to the plumber, as we would say.

And that was from earlier today, right, Yeah, we we tried to get to things as quick as we can.

Absolutely not like the show.

Right now, Well, we are here, so hang on for me.

Hello, you're here, am I on the air? I hear you, I hear you. Okay, good, so we're back on. I don't know what the hell happened, guys, Sorry about that.

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

Thank you.

Dan McKenzie's with us our guest ceoplans dot Co. I'm sorry for the technical difficulty we had. Thank you Kelly for trying to fill in there. Dan mackenzie, I'm having some questions since you're here about a state law. Let me go to my texts that have been piling up. Number One, people want to know can they do and we get this question all the time. If they do their own will, is it valid? Let's talk about the pitfalls of that. And first of all, what do they

The kind that they just write.

I mean it could be either. I assume their time out the online kind. But I always tell people like, look, you can take out a cocktail napkin and write your will on it.

I mean it's if you can. It's so if you write a will, yeah it's valid.

Yeah, I mean there's certain things that have to have you there.

It has to be in your handwriting.

So you have the cocktail napkin and you write in your handwrite in and you sign and date it like that is a will if it says like this is my will and I leave this stuff to these people like the cocktail gets that we've had post it notes submitted to court.

You've had post it notes? Yeah, all right?

Now what about the online wills? What do you think about those that do it yourself?

I mean, they just have to be drafted in a way that just covers, you know, ninety percent, so you know, I can have no special.

Provis like what are the mistakes that you somebody would make with an online will or with their own will.

It's just so simple, you know.

I never have clients who tell me like, there's no other concerns other than getting stuff outright to adults, and that's what those wills are generally drafted to do. We certainly have that circumstance come up. But people just don't know, they don't know what they don't know, and they don't know what their options are for leading stuff to people who maybe need some supervision or some protection or whatever else.

To change the plan. And in a blended family, they made a total disaster.

All right, So bottom line is this, then if you do your own will, there's just so many mistakes, as the main mistake would be if you leave something out or if you don't cover all contingency, someone could challenge it.

Right, Yeah, you got to realize you got to understand who could challenge us and why. And I mean if you get back to Dmitri's example of earlier in the in the show where he said, like, look, if you put desnated beneficiaries on stuff or yeah, any titles could you.

Literally then for goal will, if everything you had was beneficiary.

May you probably still have personal cree the you can't really beneficiary. But yes, we've had clients who we've had counseled through they're like I'm going to use the desney of beneficiaries to pretty much do all of this.

So a beneficiary would be for each bank account, a beneficiary would be for insurance, a beneficiary would be for an annuity, a beneficiary would be for your iras even do you have are there are the beneficiary designations for iras and roths and all of those.

Yeah, those pretty reliably.

So if you did all of that, do you do it in the will as well, or do you do one or the others.

You just need to understand that if you can say whatever you want in the will, but if you've designated with a beneficiary, it's not going to be controlled by the will that's in front of the will.

So the beneficiaries you name come first.

So if you had beneficiaries named and then went had a will done, you have to remember to go back to the beneficiary designations and remove them.

You have to coordinate that.

And some people want like they you know, the will will look like, hey, you disinherited your son, Well, no I didn't. He's the beneficiary on the life insurance policy, so he's not named of the will, right, So sometimes things like that can come up. But yeah, you need to make sure that you've coordinated that and up there.

So beneficiary designations people actually come first before they hit your estate. So if you said in your will, I want my kid to have my cash, and your kid is not named as the beneficiary, but your wife is, and and let's say it's a second marriage or something, and she's a pod, she gets that money before it hits the estate, so your son never sees it.

Could the son contest it?

You can contest beneficiary designation, It's just like you can contest a will for like, uh, incapacity or undue influence. That's harder because those pass outside of a court process, right, so there's no case going on.

So everything outside the will is considered first. If you made private agreements, yeah, if you have.

A joint tendancy, that's one way to do it. If you have a Dosney beneficiary, it's another way to do it. A trust agreement we talked.

About ls, so you could possibly have an estate with much of your stuff never hitting these state people.

A huge percentage of wills do nothing. In married couples, a lot of times, you know, everything is either jointly titled or desneated beneficiaries between the two of them, and one person passes away and everything goes even if that person's will says they should go to my kids, all right.

Three h three seven one three eight UO five five D. Welcome to the show. What's going on?

D Hi?

My name is and I am trying to get a proposals from contractors to do landscaping and a retaining wall.

From the house.

And I've got a proposal back from a landscape scape landscaper, and I always hear from you not to really give money up front, and what.

He is don't give money upfront. Don't give money up front for nothing.

Ever, That's what I'm understanding from listening to you in the past. He is asking for a total of eighty four hundred, and the day that they he would start, he would need three thousand and about halfway through another three thousand, and then when he is done the remaining two thousand and then I would keep four hundred to make sure everything is complete to our set.

Have four hundred d D. Hold on a second.

The initial the initial eighty four hundred, what is it for?

It would be to remove sidewalk and let's see remove a six FYT for thirty five sidewalk.

No, no, no, no, that is not that. No, no, that's that's not true. That's not true at all. The eighty four hundred initially is for what he didn't He didn't remove a sidewalk.

Yet, what is the eighty.

Four hundred four the complete job?

No, that that's not either. D. Let me give you an example. If I said, D, I need eighty four hundred up front because I'm going to have these supplies delivered to your home, or I have to come up with a plan, and the architect is charging twenty four hundred, and then I have another sixty two hundred or six thousand dollars going here or there. I'm asking what is the eighty four hundred ear marked four?

Well, that's a good question.

It's nothing.

This person wants eighty four hundred dollars for nothing. That's a red flag to me. Nothing. You don't give someone eighty four hundred dollars to show up and then he wants three grand when he gets there. Does that sound to you like a good way of doing business?

No, it doesn't. And that's why I'm contacting you, because I've got I'm going to go ahead and respond, but I kind of wanted to make sure that I am correct because I listen to you and I do hear that.

So now here's what you're gonna hear. D. Here's what happens.

A lot of these people are going to tell you that to get your place in line, they want to make sure you're serious, so they want you to put up some money. Eighty four is a ridiculous amount.

You hang on. I'm gonna go over what you should do.

In this case. Plus, we have a question, ed, What is your question? D. I'll come right back to you. Ed, what's your question? We'll answer it after the break.

Okay, what is your question?

Ed?

Oh yeah, my brother is going to a divorce and he put me on his will as his beneficiary.

But he has three properties with his wife, all right.

As soon to be ex wife.

Would that take care of the properties? To media take it over the well?

Now that's a very good question, because you gotta listen, the divorce decree is going to have a lot to say about it before he dies. So hang on, we'll come to that and more coming up on the Troubleshooter Show. Go with a Sure Thing Denver's Best Roofer Excel Roofing dot com. You don't pay a cent until you're content time for an insurance check up. No obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out Now three oh three seven

Here's what I talked to.

When I talk to contractors and they want money upfront, I ask them why. And if they say it's for materials, I say I'll pay for materials when they're delivered. If they say it's for plans, I'll say, show me the plans and I will pay for them. If they say, well, I just want to make sure you don't cancel, then I'm going to say I don't want to. I want to make sure you're not going to cancel. So what says I give you eighty four hundred and you cancel and keep my money, or you get hit by a truck.

I'm not paying for your signature.

I'm not paying for you to promise to come to my house, and I'm not going to wait three weeks for.

You to show up.

When you show up, if you're hurting for money, I'll pay you for that day's work. I'll even pay you for a couple days in advance. What I won't give you is eighty four hundred dollars for nothing. So this guy wants eighty four hundred dollars for nothing, then what does he want?

Hi?

Tom with you.

Hello, That's why I'm asking you the question day.

So the eighty four hundred dollars upfront, what else is expected of you after the eighty four hundred?

Let me clarify. He said the day that he starts, he will need three thousand dollars, and then when he's halfway through, he'll need another three thousand, and then when he is done, he would need the two thousand. So it's that is just to clarify that.

Well, no, wait a second, So you're saying the eighty four hundred is the total job. Yes, okay, well that's a whole different story. So he doesn't want eighty four hundred upfront. He wants three thousand when he starts.

Yes and halfway, I.

Have no problem with that. Three I have no problem with that. Okay, none, no problem. You're paying as you go, your d You're paying as.

You go, right, okay?

Uh huh.

Yes.

So if he shows up and wants three grand, I mean, you know, there's a slight chance even then you give three grand and the guy then goes to another job the next day, and you know, and they rob Peter to pay Paul. But I don't mind paying when someone shows up an installment. I don't mind it at all. Are there materials included in that three grand? Or is it just labor?

He hasn't set it. Sounds like that's for materials and labor.

Good. I have no problem with it.

Yeah, I hit the contract you sent me is a bit weak, I don't you know. Like I said, it's a bit weak. But I wanted to find out how you felt about the three thousands.

How did you find Let me ask you a bigger Let me ask you a bigger question. How'd you find the contractor?

You know it was through a mailer and I looked him up online?

Wrong answer, wrong, answer. Sorry, wrong answer. You got a man and that's how you picked him. Did you do any did you do any checking on this guy?

I did?

I did?

Wait?

Wait, what kind of checking? D? What kind of checking did you do on them? I?

What I did? I went online to see some reviews. I asked him when he came to the house to give me some you know, reviews and past work. I'm not totally sold, but D, I'm calling.

So did he give you did he give you references from past jobs?

No?

Okay, So how did you exactly check him out?

So?

All I heard so far is that you read reviews online.

That's all I've done.

To be honest, I would want to talk to three clients, three of them, and I would want to talk to them in detail about the work that he did and if there were any problem. Go with a sure thing Denver's Best Roofer Excel roofing dot com.

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 all three seven to seven to one help. You'll think you're his only customer when you choose Frank durand the real estate man dot Com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Hi Tom Martino, you're a troubleshooter three all three seven to one three

Can I have yours?

Thank you, Dragon, because I know that you would never report Brownie if.

He had a technical difficulty.

But yeah, So anyway, Dragon's main gig is with Brownie. I say his main gig because it is, but he graces us for two hours of the show, and every once in a while we have our technical difficulties. Of course, I'm a prima donna who does the show from home in his home studio, so every once in a while.

It happens.

I have Dan mackenzie as my guest and by the way, he does a state planning wills and trusts.

I want to talk.

Somebody asks Tom tell us more about LLC's now, Dan, I don't want to steer people the wrong way, but LLC's for families, I think sometimes can take the place of a trust. Can you elaborate on that on LLC is an entity, it's a corporation.

Really, it's more like a business with a number of people run it, whereas a trust has a trustee and the trustee is in charge of things, and that might not work for some situations. The most common situation that we use LLCs for in estate planning is actually like abusination properties. Actually, oh yeah, beyond businesses. So like let's say you've got a family vacation property. You've got you know, multiple people in the next generation. Okay, I want to use that, like rather than putting.

One trustee in charge, okay.

They're all kind of on a board of directors together. And then there's rules in there about how do we decide who gets to use it when? What if somebody wants to be bought out because they live in Florida and those properties in Brecknry.

Okay, so someone said, how specific can you let me let me find it?

I'm trying to remember it.

How specific can you get with a trust as to what happens to the asset through the life of your heirs? Like, can you control the damn thing till the day? I mean, can you after you die maintain control of the stuff?

Yeah? Yeah, that is often a purpose.

You've got to be a little bit care I always tell people you got to decide do you want to be real vague or do you want to be real specific?

And there's pros and cons to both.

Now, if someone is very specific, like this home is to be kept in the family, and this is that and the other thing, and this artwork is to be hung here, I mean, can you get like that?

Yeah, I don't know about the artwork exam no, no, but but yeah, certainly, yes you can. But it's like, you know, the problem with being real specific is you're gonna probably have some unintended consequences.

Again, it's like, that's what I want to ask.

Then can a trustee change the trust for the good.

Of the errors?

They can have a private agreement in a lot of circumstances where they can agree to change the terms.

That no, the trusty cannot unilaterally change the terms.

So you mean to tell me you have that much power after death when it is put into a trust, it is it is a contract.

Pretty much, Yeah, because it was.

So it's kind of like maintaining control after you die.

Yeah, there are limits, of course, but what would be a limit. Well, for one is you can't violateublic policy. So you can't say, like you're only going to be able to use this house if you marry within the Christian faith.

Okay, we're not.

Doing Okay, you can't dictate that behavior. Can you say you don't get this unless you have a job.

Yes, I mean again, there's actually a famous example of people, so somebody set up a trust where they said, we're going to match your W two in right, right, and thinking, well, we're motivating this person to work. Well, like as a business owner, you might not have a W two So the problem right, So that's where it's like, didn't really think through that.

Now.

Can you do a trust where you have some specific specifics in mind.

But you leave it open for change.

Yeah, I mean it has to be something that people can understood. Just like a contract, it has to be something that people can understand exactly what we're talking about here.

So sometimes if.

It's too a morphous, the trust he might have to go to court and get some direction on it because I don't really know what this means.

Now, the one guy with a son and daughter want so, no, can you have co trustees?

Yeah?

I mean we usually recommend caution on that just because, Okay, at least at the very minimum, it's probably an administrative hassle because now they both have to participate.

But you could have like maybe co trustees with a tiebreaker of somebody.

Yeah, that's the thing. You need a tiebreaker or you know.

I've had clients say, well, let's make them both trustees. That'll force them to get along.

It does not. It does not. I mean they might still not get along. And now what do we do?

Okay, now, in the event of trustees, do you have survivor do you have a contingency plan for if that trustee is incapacitated?

Is how many levels do you go down?

I mean I like to go a couple at least.

So the trustee, a substitute for that trustee, and maybe even a substitute for that one.

Yeah, and maybe some provisions saying Okay, if this position has ended up vacant, what are we going to? I mean I had one client whose brother passed away, and he had like six people named, and he he owned like twenty LC's all holding these different rental properties. And all six of those people are like, I'm not dealing with this.

Seeah, they don't have to do. So if you have a trustee that doesn't want to do it, what happens?

They just turn it down and eventually you get to a point where it's like, Okay, this thing does not have a trustee, want somebody else to trustee.

Now, in my opinion, that would be the death knell of a trust.

It's not where you want you. I mean, you're trying to stay out of court. That's why you do a trust. So if you end up in court, it's probably not great.

And I don't believe public administrators, and you've heard me say this before.

I think they're the worst scourge that ever happened. I do.

I do dan because they the first thing I believe, Now look at I'm just giving my opinion. I believe the first thing they do is look at this a state and say what's in it for me? I mean, I don't know what your experience has been.

In general.

They've even made movies about it, and I know we've talked about it before. Do you don't you believe that's the worst thing that can happen to an estate?

I mean they're pretty tightly supervised.

But yes, there are supervised. Who supervises? Nobody actually says give us a quarterly report?

Do they?

I mean they We do have to report to the court annually.

Well, it depends on which are we talking about, like a custodianship or are we talking Oh, we're talking about a trustee of a trustee of a trust for someone's passed away. So yeah, the state law is you have to report at least annually to the beneficiaries and then.

The beneficiaries if they get upset, then the beneficiary.

Can beneficiaries remove a trustee.

They can ask the court to do it unless the trust document says provide them some mechanism to do it.

Do you ever allow for beneficiaries who really write the trust for to be able to remove a trustee?

Yes, but we when we do that, we always put tight constraints around who they can appoint, and that's for their protection if they can disappoint themselves any creditor coming after them as like you're really in charge of So is.

It accurate to say a trustee or excuse me?

A trust is an entity that survives you but still carries on your wishes and hopes.

Yes, yep, sure, yeah.

And then the trustee is there to see that it's carried out correct. And the beneficiaries are the benefits are the beneficiaries of what you have provided?

Yeah, I mean I analogize it to a company. So the trustee is the CEO and the beneficiaries of the shareholders.

All right, we got more coming up on the Troubleshooter Show.