The Troubleshooter 4-17-25

Yeah, Rip dum new need advice, so you don't have.

Come running.

Just as as as we can, Shooter's gonna help come.

Man Dix is the Troubleshooter Show. No Tom Martino.

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

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

Okay, okay, now, so the wait let me let me get this straight. The other party is threatened to sue you for pain and suffering.

I have no idea what they're what they're threatening to suffer me.

It's it's being.

Communicated to me through my State Farm adjuster. And that's all the information I had.

Okay, Well, you do understand, you do understand that your insurance will step in. You're insured, right.

I'm insured, But the twenty five thousand dollars they're saying that the twenty five thousand, they're saying they've got medical bills that's going to surpass the twenty five thousand dollars. And I know that, I know that my insurance company will provide me an attorney to fight it if I have to. I've been told by the adjuster that the quality of this attorney is not much. I've been told by other people that the including John John Fuller, that the quality of their attorneys aren't much.

Of whose attorneys, of whose attorneys, Danny, pardon the quality of whose attorneys?

If State Farm would furnish me an attorney, they say the quality of their first is not much.

Okay, Danny, let me explain a few things to you. Okay. The only time people refuse the insurance limit and go outside of the limit is when they believe that you are worth more. That's why I wish tell people to ensure themselves for what they're worth, because I'm going to give you an example. If if I had a twenty five thousand dollars policy and somebody I hit somebody and hurt them, they would never take it because they would assume that I had more than that. Do you have?

I've got assets. I'm I'm made you one and I'm retired, and I got a lifetime of assets.

That okay.

But to Danny, Danny, they're just to have.

Pardon?

What do you have?

What do you mean?

What do I have? I have a house, I have.

In assets, in assets? Do you have is your okay? Is your house paid off?

Yes?

Over a million? Danny? What the why were you only ensuring for twenty five dollars when you have a million dollars in assets?

Because I was really stupid, I didn't I didn't even dawn on me.

Now, Danny, okay, I want to know this. Tell me about the accident.

Oh, I got stuck. I don't. I don't believe it.

But anyway, I.

Ran, I ran a red light and was hit by an oncoming car.

And uh, and you don't believe you ran a red light?

No, I don't. That that's debatable.

But I got the ticket.

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

Okay, Yeah, they're going to prove that you ran the red light with traffic cams.

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

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

Many there was there was just one other person. We're going about thirty miles an hour.

And I get a hould. But tell me about the other person's tell me about the other person's injuries.

I don't know. I don't know.

A damn it.

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

Nobody is.

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

So well, well for let me tell you why, okay, Because they don't care beyond twenty five thousand dollars. They don't care if your sued for your personal assets, you're the one that was underinsured. They don't care. All they know is they risk twenty five thousand dollars. They're going to offer them twenty five thousand dollars. Those people are going to take that twenty five and they're gonna go after you, or they're going to refuse the twenty five

I understand that, Tom.

What do you think if Danny calls John Fulad to get a referral to a defense attorney, what did he say?

He gave me this Rick Train's number.

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

Let's try to get more. And I would say, I would say that's a red flag.

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

Well, then you need someone else.

That's why I'm.

One of my insurance people.

Tell me about the Affidavid, tell me, hold on a second. I got to take a break. Hold on a second. I got to take a break. And I want to come back and talk to you about that affidavit. And and Brian, stay on the line. I'm interested to hear what your family does for fun. We have more coming up on the Troubleshooter showwaterpros dot net the best water systems, the lowest prices, and I'm telling you the best for for thirty one, for thirty nine ninety five under four grand.

I got I got a it's an appidavit. I'm gonna call. There's there's two of them. One of them. One of the appidavits is that I signed that I have no other no other insurance policy, okay, and then then the the one the Appidavid, it's Scott, it's Scott. I think there's eleven. They call them questions and they're not questions that they're paragraphs and I.

And they're interrogatories. They're they're called interrogatories.

Okay.

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

Email it to you.

See you can look at it though.

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

I've been trying. I called John Fuller, and then I John.

Fuller does not John Fuller goes after people like you. He doesn't defend people, okay, that his practice is going after people who are liable and who are worth a lot of money or who have a lot of insurance. Okay, that's what John Fuller does. He's not going to defend someone. It's counter to his practice and the guy that he recommended. If the guy didn't answer the phone, then that would be my first indication. If I can't get the phone answered,

Well, whenever I have an opportunity with clear skies and good weather, my grandson and I who's five years old, we build estes rockets together, paint them, we send them, glow them all that good stuff, paint them up, and then we go down to a really sizeable part and we launch rockets. Well, I get a okay, and I usually get like a crowd of kids looking because they're like, oh, model rockets, this is great. Well did I give you now?

Do they come back down? Do they come back down on a parachute?

Works to keep you?

Yes? How big are these rockets? I've seen some of them that are pretty big. How big are yours?

Well?

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

But and they travel about anywhere from one.

Thousand to eighteen hundred feet. Goes up quite a ways. But the funny thing is all the kids that come around to watch.

I make it a competition.

I tell them. Anybody who can catch a rocket.

Before it hits the ground, I'll give them five bucks.

And commercial farms co oh wow, that's fun. That's fun.

Turn you know, I don't have to run after it.

I get these kids to go run after it, and whoever comes back with the rocket in their hand, I give them a five dollars.

Does it ever get carried away to where you can't retrieve it?

Yes, I've had.

I've lost several rockets, and a lot of times the trajectory I actually pointed in a certain area where I know the airflow is going, and I'm pretty.

Good about, you know, getting it close to the.

Launch pad, but I have lost a few when when it hit turbulence up in the air.

Now, i'd like to ask you, in general, what does it cost for an average two foot rocket two foot rocket?

Anywhere from twenty bucks to thirty five.

That's it. That includes fuel.

No, the motors are the engines, which.

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

Well that's not bad. So we're talking to launch your rocket a two foot rocket with the rocket and the fuel is about forty bucks.

Yeah, well, and you got to get the launch pad and the and the actual mechanism that the or the launch controller.

I've got a I got how much then?

How much would all that set up be?

We call that a couple hundred bucks overall, because I got the professional one, which is actually allows you to do two rockets at a time.

I also, yeah, I mean it's it could get you can go far into it.

The next next step up, I'm gonna.

Try to build a twenty foot rocket and get.

Out into the planes and shoot it up through the Wait a.

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

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

Okay, you get approval through the FAA. But where do you launch from? Do you have to get approval for that? Yeah?

Usually, I've been looking into it. You can if you if you're friends with a farmer or something that's that's adequate.

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

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

Is the twenty foot rocket gonna cost?

Uh, we're looking at about five to ten grand overall.

Wow.

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

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

I'm just gonna ask Brian if you could put a small camera in these rockets.

Of course you do.

Oh yeah, personally they do that.

They do it all the time.

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

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

I like shooting and collecting World War two items, and I like it gives me something to do when I'm retired.

Okay, Number one stress relief. Stress relief.

But that makes total sense because you're away from home and work, which.

Is doing something voluntary that you want.

To do that you can do, so it totally makes sense. It clears my mind, and home and worker the only source.

Of what clears your mind. By the way.

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

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

Hey, Tom, I have a great hobby.

Now what do you have? Doc?

I played poker and my hobby pays for.

Itself, you know what. I got a text about that just now and said that they play cards. I don't know if they play poker, but you know, I know a lot of people who do poker, and they do it for money, and it's a pastime. You get socialization with your buddies, you got refreshments. You know, it's it's uh and you got you got money you can make and if you do lose, you're probably you know, you limit it right, it's not like hardcore right?

No?

Absolutely, do you do tournament style when you guys play, or do you do by hand?

No?

I do cash games. There's you know, tournament play is very different than just playing regular poker, Like everybody's used to number one.

If you're winning and you have to leave, you lose.

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

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

Usually if there's a home you can make.

You win a crapload of money and want to leave, What do the guys think, Well, you.

Just won't get invited back if you're in a casino. So if you're in a casino, you could play one hand and get.

Up and leave.

Nobody says anything.

But when you're playing in a social game, regardless of the stakes, if you you usually have to commit to a certain amount of time unless you're losing.

This.

So if you guys say, hey, we're gonna be playing till eight o'clock, then you want them to stay at least through eight o'clock.

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

By the way, you guys can text me at seven four seven, Thank you, Doc. You can text me your hobbies too, seven four seven nine fifty eighty. That's my private text number. So you can text me there about the show about Wave eight wealth management, or you can text me right now on the topic what do you do for a pastime? What do you love doing? What is your passion? Now? Pastimes are not all sports and they're not all hobbies. They're just different mixtures of things.

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

Hey, Mark, do you think that was of two factors?

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

Well, Doc, I just don't have an answer for that. I don't know the answer.

Well, I'll tell you I don't.

Guys so that I played poker with that don't go to Vegas anymore because they can play poker in Central City and Black.

Most most of the casinos I go to, I mean they got rid of poker rooms like thirty years ago. Where what well, pretty much any station pretty much.

Uh.

The only place I can think of that I go occasionally Belagio. I don't even think Bolagio's got a poker room anymore.

I mean they might.

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

In this corner we have major market Ica, there's a brand new property, no poker room.

Durango, brand new property, no poker brand rocks.

That may be one of the reasons why, uh, you know, tourism is down.

Because a poker room. Okay, to this mark. One guy said he enjoys picking up trash literally in the public. But I'm going to tell you about one that I discovered I went to I even went to my boyfriend to ask about it because it was Was it a hobby, was it a pastime? Was it a passion? I am told it is a mental illness, and I'm going to be telling you about that right now. I want to go to the phone, though, John, what about an eviction? What's going on?

Hey?

Tom?

Hey, So I got a friend that's trying to invict his twenty five year old son.

Out of his house.

What's the process?

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

No agreement? No, no agreement, no nothing, Nope.

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

You know, he's well hip on the uh he needs to be evicted or if he has Yeah, he knows he has to be evicted.

He's been here.

Okay, I don't know if he has to be evicted. But this is really a good one for Brad O'Brien and John. This is a really good topic because I've actually never addressed it before, so that means it's new area. And by the way, I'm serious, we have now Mark. Didn't we have that one woman in the springs or some remember the one man that's always to be taken advantage of by her son and grandson? Did we have a question on eviction where the kid was saying, you can't get rid of me. I don't know, Mark, I

Pretty much his whole life?

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

I know there's no contract for sure, he doesn't have like a you know, at least he may pay some, but I don't think he does.

So I don't think he does.

But I know for sure one outside there's no rental agreement or nothing between them.

Just okay, So.

What I need to know is did he ask him to leave? Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation comparison call Compass Insurance. Pay too much your coverage at dozens of insurance companies find out now three oh

Yeah, ripped.

News.

You don't have to.

Anxious cam.

No shooter's gonna help.

Come man, This is.

The Troubleshooter show, No Tom Martino, Hi.

Tom Martino Your Troubleshooter three all three seven to one three talk seven one three eight two five five. You know, I've seen movies. I've had friends, neighbors failure to launch kids once in a while, kids who just stay home, they don't do much, kind of deadbeats. You want to you want to get them off their butts. You want them to go to work, you want them to do something. Hey, why don't you chip in around here? Do some chores? They say, leave me alone. You're always bugging me. Okay,

That's right? The son who's an adult over eighteen, eighteen or more is has tenant protection and he's entitled to do process.

You know, if he's not, even if there's nothing in writing, even if they have no arrangement in writing, nothing he never paid a dime.

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

Okay, So explain this then, a tendancy? What did you call it, what kind of tendency?

A tendency at will? It's not a month to month tenancy, okay, a year to year tendency, tendency at will, which is terminable really quick.

So how do I terminate? How do I terminate a tendancy at will?

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

Now, can the father at the end of the three days just remove his stuff?

No, that's self help and that's illegal. Self help will always get a upper unit or landlord in trouble.

Okay. So then once they go to the court and the court says, now you have an order to evict, right, well.

You file a complaint for eviction.

That takes about a month or so to run his course, and then it ends up with a judgment for possession, and then ten days after that judgment for possession issues, then you can go to the court clerk and get what's called a writ of restitution. That's the piece of paper you take to the sheriff's office, and then the sheriff's schedules the actual physical eviction that they conduct. Atlantic not a title to like do their own addiction, change the locks or give them the boot.

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

Right, I'm sure it happens all the time. Parents given the boot, you know, no legal process.

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

File a court complaints or wrongful eviction and you might get some damages which might be in the equivalent to alternative housing costs.

Okay, have you ever had weird evictions like this where you had to evict a child?

Yes?

Or you know, an offspring?

Yes?

Children?

Sure, other Brad.

We have another question that just came up. By the way, John, don't go away yet, Keith, you have a question. Go ahead, Keith.

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

The cause you can evict them on?

It seems like this kid is.

So Brad does just cause? That's a good question. Brad, does just cause excuse me apply to tendancy at will?

Yes?

It does.

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

Right, Yeah, okay, that a just cost doesn't go there.

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

Does not apply.

But they don't have to give a ninety day notice. Then the normal three day notice on a notice determined tendency will apply.

Okay. Now we have a question from the peanut gallery over here, Deputy Boat, go ahead, Brian.

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

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

I forget the name, but anyway, it used to be a.

Three day notice.

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

It's a separate deal.

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

I have a nephew who's disabled. He was in a car accident. He has his so his address has always been at his parents' house. He didn't always live there, but that was always his address. So after he had this accident, he was hit by a car and he went back to his parents' house once he got out of the hospital. He had three operations when he was there.

And he has the epilepsy, and his.

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

Does okay? Well, I want to ask a few questions, Vicky. Vicky. First, let's ask some questions. How old is the nephew.

He is fifty years old.

And was he living there before the accident?

No, he had his own place.

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

Right, It's just his father, his mother died two years ago. He's a PLI for Social Security. He's applied for Social Security three times and it's never come through so that he could buy his own place to live. And his father is very mean to him. Like last summer he let him stay there for him to do all the yard work, and then when winter came along, he wouldn't let him stay there.

He literally spent the winter on the street.

And he is disable, Okay, and I don't know how to about.

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

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

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

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

So that's when this nephew would have had his most rights, is when he was living there, and and then he could have demanded that he go through the eviction process. But but remember this, when we say people need to go through the eviction process, that doesn't mean they get to stay. It means that they are going to be evicted unless there is something that denies the event, you know, you know, so, so it would just prolong it a little. So may I ask something, VICKI, was your what was

No, it's my brother.

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

Yeah, I do.

And that's when he led him in last summer. He led him in last summer. And and he just he does drugs. And if they both do drugs together, they get wild and stupid and fight. And I can't get my grand nest to quit doing drugs. He thinks he needs it for pain, and maybe he does sleep. Been in the streets, you know, a freezing to death.

Oh my god, but VICKI have you ever thought about opening your home to your nephew.

I don't live in my own home.

I live in my male friend's home. And he doesn't want his problem.

I thought, what're right for it?

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

Way, right, no determinancy, That tendency is terminated, so he.

Really has no right to go back in now.

Okay, we got to take a break. I'm Tom Martine three or three seven one three talks seven one three eight two five five Denverregien dot com. You know Mark's losing weight on it. They also do stem cell therapy for pain and it really works Denver Regen dot com. Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content.

Okay, thank you, all right, thank.

You, Vicky. What were you gonna say?

Bo?

He was going to suggest to Vicky, I feel for her problem with the nephew, and I was going to suggest that you contact Fort Logan Mental Health Center.

Yeah, but what if they don't do interventions for God's says no.

But you could sign him up, try to get him a.

Bed there, but he may not want to go.

Well, you're right, Tommy, he has to have me.

Yeah.

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

I understand, Thank you.

I just wanted John, right, Yeah, I just want to make sure I got that.

But remember this, Yeah, here's the process. I want to review that. He's got to get this three day notice, okay, and then it's either it's either vacate or comply, and he doesn't want to comply. He just wants in the vacate. And then if he doesn't leave that that notice goes. I would I would hand it to him, or I'd put it on his bedroom door and take a picture of it. Okay, that's what I would do. I'm not

Eviction.

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

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

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

Hey? Tom? This is for Southern California Pipe Traders Associate Association, the admin side, the administrator's side. I was contacted back in January that my brother was an employee of there is and he passed away in Las Vegas, Nevada at sixty seven. I get the phone call, I get the letters, and I had it proved next to kinship to prove that I was young. Yeah, and to get the beneficiary payout.

Okay, are you named as a Wait? Wait, Kenny, Kenny, Kenny, are you named as the beneficiary?

Guess? Me and my younger brother, Dollard, we were both on the form.

And you both have to do the same thing for this California company.

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

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

Correct, they're going to withhold all of it?

Well wait, wait, wait, why would they withhold? But why would they withhold all of it if you're willing?

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

Oh okay, Kenny. I have a very simple question, very simple question. You and your brother do you get along? Will he sign over his rights to you?

I'm spoken German forty years why we disintegrated typical American family?

How much money are we talking about in this account?

They will not disclose anything to me. First it with a life insurance policy. Now it's what was he has drawing retirement and I had a highlighted in yellow on the forums retirement. So at one department I submitted all the correct information. He said, I'll the benefits, the payout. People will get in touch with you. The next following day I receive a letter thing afid David no rise. I got to have his birth certificate. He's got to sign this statement. You don't want nothing to do with it.

All right, I'll tell you what we're going to do. You hang on. We're going to get Brad O'Brien on. No, not not Brad, sorry, Brad's real estate. We're gonna get let's see who do I want on? I want our state planning attorney on. So we'll get Dan McKenzie on. Okay, So hang on and we'll do that. Three oh three seven to one three talk. We have a question on being a beneficiary and what if the other beneficiary says

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

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

No? I do not, but I just know that's his personality.

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

You're more than welcome to tribe. Very likely. Yes, So in order to.

Be how how old is this? How old is this other brother? You're the one who's being.

A sixty four, I'm sixty five, the one passed away with sixty seven. I'm the middle child.

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

You know, I had no idea they would not disclose any information to me at all, even though I fulfill my part obligation proving that.

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

That's a very good question, Tom.

Did you ask them?

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

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

No? No, this the last last time I saw them communicated was nineteen eighty and show and hope put some hope help.

Okay, I'll tell you what we're gonna do. This is our plan. We're going to first get our attorney on Dan Mackenzie. Then we're going to reach out to your brother. What the hell, I'll bet you, I'll bet you among us there's one who can get through to your brother, you know, and just you know, just like saying, look, man, we understand you know, family dynamics and all that. All we're trying to do is not let this money go to the state. So either take your half or sign

Yes?

I got family. My family's good. But I've done similar situations. I'd be happy to call.

Yeah.

First we're going to talk to the attorney and then we'll reach out to your brother. You have his contact information, I assume, right.

Kenny, No, I don't.

But Rome or Final does for the pipefitters.

The pipe Oh oh, can you get it? Do you think, can you get your brother's contact.

He has it, Yes, he has it on his I know.

But I need you to get it because we don't have standing to ask some pipefitters Union to give us your brother's contact information. You do have standing, you're a brother. You can call and say, may I have information to get a hold of my brother so I can straighten this out? So why don't you do that for us because we're going to need it. Thank you very much three zero three seven one three talk seven one three eight two five five. We have more coming up on

You see?

What?

Oh?

Go ahead?

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

Anybody in their right mind.

He basically agrees to one hundred percent at fault and he knows he caused serious damages to her.

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

Well it looks like you actually put you put a checkbox next to him.

But listen to this. I am aware that as a result of.

This accident, blah blah alleges she suffered serious.

Injuries and has made claims against me. Okay. Now here's the deal at the and it also says at the time, these are things they want him to agree to. First, who he is and where he lives, and that he was involved in an accident on this date. Okay, Then they want him to agree to at the time of the accident, I was driving this car, you know they name it, and I was the owner of Okay, So two of those they're not bad. They can prove those.

Then they go into personal property, real estate, automobiles, cash in.

The bags, right, They're gonna come after They're going to come after him, no doubt.

Why would you, I guess all I'm saying is, why would anybody in their right mind lunteer this information?

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

News who you don't have, run as fast as you can. Shooter's gonna help.

Come man.

This is the Troubleshooter Show.

No Tom Martino, Hey Tom Martina.

Here.

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

Hey, I can get them a job at a recycling company.

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

No?

An old toaster?

No?

No?

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

Yeah, I think you know. Denver does publish those statistics, and from what I've from what I've observed, this about thirty to forty percent is going to be garbage.

However, do they.

Take it out? Do we still get the benefit of recycling for the little stuff that's in there that it really is recyclable?

A few of the things, so number one and number two plastics really are recovered and recarp So what.

I'm asking you is, does the trash ever get so mixed and so complicated they throw the whole bin away?

Oh you mean recycling that trash? Oh yeah, that's why. That's why there's such a huge rejection rate that recycling plan.

So they don't empty my recycle bin and take the stuff out that's bad and keep the stuff that's recyclable in.

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

Even if there's a few plastic bottles they can pick.

Out, yeah, because it makes absolutely no economic sense to go through it and pick out them.

So on that conveyor belt they pick out just the obvious recyclables that are pretty isolated.

Well, what they pick out is the contamination from the section of the conveyor belt that has very little contamination, So they'll pick out that.

What's the contamination stuff that's not recycling.

So like that toaster you mentioned, or the styrofoam.

Yes, the styrophone. By the way, I actually got a big note with a big magic marker they marked on my recyclable lid. No, no, I read it. Yeah, you did.

See it.

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

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

Does that answer the question?

So the best thing that people who really care about recycling, the best thing for them to do is just make sure don't throw things that you don't get too optimistic. Don't throw the styrofoam, don't throw in the toast, or don't throw in like the yogurt tubs and stuff like that, hoping they'll be recycled, because what's gonna happen is you're going to contaminate a bunch of other actual recyclable stuff and it will all get thrown away.

Hey.

Hey, if you dimitri if you take out the uh, I don't know, if you take out the greenness of it. Is there any economic reason to recycle plastic?

Good question.

Yeah, the two plastics I mentioned number one and number two, the recycling company might get a nickel, maybe.

A dime a pound.

Aluminum cans are worth about a buck a pound, tintable.

But what Mark is asking is is it economically feasible to use recycling materials as opposed to fresh plastics? In other words, the companies saved by using recyclable materials.

You mean the manufacturers. I thought he was asking about it. What I'm saying is make money.

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

Yeah.

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

Well, with the exception of number one and number two, You're absolutely correct. Number one would be like your soda bottles, your water bottles.

Number two way.

Less energy to recycle and use it than to do fresh just.

With those two.

Yeah, right, now, where my company makes money is we specialize in cardboard recycling.

That is very profitable.

How is that recycled? Is that broken down and shredded.

Or what it goes to?

So it gets you know, the cardboard gets bailed up, we pick it up, we ship it off to paper.

What is actually done with that is melted or melted.

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

You end up with a slurry of hot water and fiber.

And so it's extremely economical to make cardboard out of cardboard as opposed.

To cardboard out of fresh materials.

Right.

Yeah, it's called wood pulp. Right, So card.

Say it literally saves trees.

Well yeah, it's not the trees you're thinking of, Like, they don't chop down the redwoods to make cardboard.

Bind they're more like but it does, say.

It absolutely does.

Cardboard is absolutely legitimate aluminum cans and tin cans. That's absolutely an economically legitimate thing to recycle.

And plastics two plastics, yeah, two plastics, but you know, not plastic, no like the you.

Know, the streat that kind of stuff.

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

Boat good or big boats that they put up for the winter, not that oh I thought you.

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

Out of it.

That's actually pretty valuable stuff. Another dime to twenty cents something.

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

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

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

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

He Kenny, Kenny, you know awhere did they say why? Did they say why they would not give you your half of the account?

Yes, they have a procedure they have to follow.

And they said unless both heirs comply. What did they say they would do with the money?

They started to go in the back office and some wherever storage area and that will be the end of it until they get their information.

I think you need to hire an attorney.

Probably in Kelter, the company located.

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

I get it, I get it. You don't have information on your other brother, and I don't know why they need that information to distribute your part of the retirement account. And I think it's horsecrap, and I think you need to hire an attorney to write them a letter. Can you think of any circumstance Dan, where co benefit in trees are held to each other.

I can't.

The only thing I can think of is if he said something like to my brothers and like they're not sure who that includes and they're trying to confirm that, or something vaguer than naming them if you name them by name, and said these are my brothers and they're the beneficiaries, I just I don't think. I mean, I think to understand that this is a contract that your deceased brother had with them, and so like seeing that document, like whatever their governing document is, it would be Yeah.

Kenny, I have a question, was there in a state opened for your brother, approbate proceeding or anything? He did he have a will? And did he name any personal representatives any of that.

That's kind of funny you say that because when he went to the hospice of the final basaport, you only has to be mentioned by younger brother's name because he was sick of no stop going very well. And they said, because you only even mentioned his name, that's all that that person, that's the contact, and I cannot do anything I should. I just learned about this.

Was a probate opened. Did your younger brother open a probate? It seems like if he didn't want anything to do with the retirement funds, he's not going to open a probate.

Oh he did not.

Does your brother have anything other than the retirement account, the one that's deceased. Did he have a home? Did he have automobiles?

I have no idea, Kenny.

You understand that if the younger brother, it doesn't matter if the younger brother was mentioned or not. You have a right right now if no one else did it to open up probate. See, here's what I would do if I were you. I can't tell I can't force you. Here's what I would do if I had this exact

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

Well, how would he go about to find an attorney in that area for pro Is there any kind of an association he can look to.

Uh this, I'm pretty generic, but it actually is a group of attorneys that takes us pretty seriously.

If you go to a state.

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

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

I guess you'd be tired from them, So I'm gonna assume a good twenty years, you know, I.

Mean, I mean, look, there's probably more. But what I'm saying is, if I were you, I would go to a state planning Is it a state planning dot org? Is that what you said, Dan? A dot org dot com? State planning dot com? Go there, Kenny, get an attorney in that area and just explain the situation and open approbate and get this damn thing done. You have all of your brothers, decease brothers information, you have the death certificate. You have enough to do this. I hope that's enough.

Thanks Tom.

Real quick question.

My father in law passed a year ago January. My wife and her sister acquired a house under a joint tenancy. My sister has a there's no desire to keep the house on my sister's side, but there's a desire on my wife to keep the house. So we wanted to buy out my sister in law's half of the house and joint tendancy, and we cannot come to an agreement as of this time. Is there anything I need to be aware of? She made a mention in a text that she will unilaterally put the house up on the market.

Well?

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

Dan?

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

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

Nope, we're talking New Jersey.

Okay, then the partnership laws of the state of New Jersey. Where it is not already agreed to in an operating agreement or in a separate agreement, then the partnership laws prevail. And almost every state is like that. So, for example, if I had to dispute, if I had a dispute with one of my co owners of an LLC and we did not address what to do with that dispute or how to do it or how to dissolve it

Well, it was all discussed prior to passing. And the house is a Jersey shorehouse. It was both my wife's parents' house for the last thirty years. My father in law made it very clear that he wanted to pass it down through the family, wanted both my wife and my sister in law to have the house, and made stipulations with bank accout ounce and everything to pay for taxes. Now, my sister in law who lives in.

South Well, what tell me what your sister in law wants? What is her main beef? What does she want?

She wants she wants cash by June?

Well, she wants how much cash?

Seven?

What is is half of the house worth that.

She thinks, so I don't think.

So do you want to keep the house or do you want to sell it? Let me ask you. Does she want to keep.

No wants?

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

No, no, no, no, we want to keep the house.

We do not want to sell it. She wants to sell it.

And what do you want to do with the house?

Keep it in the family?

Well what does that mean? I mean, do you want to live in it? What do you want to do? Do you want to look at it? What do you want to do with the house.

Eventually my wife and I will be leaving Colorado and moving back to New Jersey. So yes, we want to keep it for retirement, which is two years away.

All right, then you're going to have to come to an agreement or it's going to be sold.

But if it can, because.

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

So here's what how much is the house? How much is the house really worth? Right now?

I believe the house is worth one point three some maintenance issues that need to be taken care of, she takes, Look, how.

About getting one? How about getting an appraisal? How about getting three appraisals and throw out the top and the bottom and keep the middle. What about that? Is she willing to work with you at all?

Uh? You know I put out three different proposals to her, and she's.

Okay, hold on, I'll come right back to you. I'm Tom Martine. Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass insurance paying too much your coverage at dozens of insurance companies find out now three O

Well, we were talking about the joint Tennessee Tom.

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

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

And send it to her and say here's.

What we got.

You want to get one go ahead and see how they come in and maybe there's agreement, but I mean, there's no scenario where there's no appraisal.

Has has she agreed to Larry? Are you guys on talking terms?

But she's very passive aggressive?

But will she agree to an appraisal or two?

I think so, I think I think that's the next step is we need to go.

I think what I would do. I think what I would do is since it's the wife, your wife and her who are really the owners, they need to agree to hire an appraiser, or you each get an appraisal and you go in the middle. But but Larry, you don't know what that house is worth. She doesn't know what that house is worth. She's going by gut, you're going by gut. And as as Dan McKenzie just said, there is no scenario, none, where you don't get an appraisal. If you can tell your sister, look, if you saw us,

Can you hear me?

Yes? I can.

Yes, So my kids they've been seeing doctor Lawson at New Early Orthodonics NEO. Yes, yes, I actually heard about him on your show, and they've been.

For a while now.

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

I heard about that. I heard about that. How long ago did that happen?

Him closing?

Mm hmm.

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

Again, let me explain to you. First of all, I believe they filed for bankruptcy. I know that doctor Lawson has had some health problems. I don't want to get too specific. I think this whole thing was unplanned, and I think here's the biggest problem you're going to have with new early orthodontics. Any oh, is that there aren't many dentists who buy that whole program. You know, they all do this massive, massive correction. Now I'm telling you something.

I mean, I guess it's no. In fact, my son is in braces right now. And part of the problem is that he had enough pointment to.

Go get it. Well, when you say when you say braces, when you say braces, are you talking about their form of braces or conventional braces?

Conventional?

True, doctor Lawson?

Well that's good then then anyone can take that case over. But the money you paid in you need to put an acclaim with the bankruptcy court.

Okay, because I have his his I.

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

You need advice so.

You don't have come running as fast as we can. Show Shooter's gonna help come MANX is the Troubleshooter Show.

No Tom Martino, Hey.

Tom Martino here, Welcome to the show. Three O three seven one three talk seven one three eight two five five. We left off with Joy. We found out a lot more information. Joy was calling because her children were enrolled with Neo New Early Orthodontics and doctor Kent Lawson shut the doors, they said as a result of unforeseen circumstances. I also believe they filed for bankruptcy. I wasn't able to confirm that, but I saw some articles that they did file for bankruptcy. He had a ton of people

Yeah, it looks like there are two locations of the same. Omar To Orthodontics.

Omark Orthodontics will actually apply some of the credit you've paid in a joy uh if you wanted to check. Did you ever check them out on their on the website for NEO.

Yes, I actually went to them because my son needed an adjustment. So I went to that that new Orthodonis. He saw my son, but to treat.

Him further, it's upwards.

It's over one thousand more dollars for him to get through, and he needs to get through. And I've already paid my contract in Fuld, which you.

Know on news on news.

Well, I know you're right, He says, if you have.

Paid in full, comma nominal fees will apply to continue your treatment. So I looked up the definition of the word nominal and in the context of very small.

Far below the real value or cause.

Did they know that you had paid in full? Oh?

Yes, I mean I've talked to that. I talked to them in depth. Basically he explained to me that they did not buy the practice, They just received the clients.

So of course, of course, you know.

So it's basically to get what my son needs is basically again, what like the contract in full?

Again that I've already what was your contract? What was your contract in full with NEO? How much from beginning to.

End, well, beginning to end work I would say around six grand?

Around six grand, and you had paid the entire six grand?

Correct?

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

Oh no more than that. I mean, yes, you just said one thousand start. It's probably well over one thousand, I said, so, it's probably cheaper than starting a brand new contract over again. But he still has up over one thousand dollars that they quoted me, still needed that he'll need done?

Well, how much two thousand dollars, three thousand dollars.

For how much?

How much more?

Is it probably closer to two grand with the okay, and so removing the braces.

But you're telling me, you're telling me that everything your son needed would have been covered had NEO remained open. Correct, Okay, So you are really suffering a two thousand dollars loss here. I don't know what to tell you. It's really too bad. I mean, it really is. I think NEO. I think it's been six years. They've been off our referral list five or six years. He had some health problems. I don't know the full story here. I hope he's doing okay.

To see if there's a I have a daughter paid I paid in full contract as well.

Wait a minute, how much is it going to cost to continue that one?

I have no idea.

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

Now, your daughter, what stage is she in?

He's in the observation stage, so luckily she's not in braces, but she's not completed yet through the program.

And did you pay for that in full?

Yes?

Can I ask you why you paid in full upfront? I didn't do that? Well, can you can you tell me your reasoning with that?

Because I just I I mean, this was a long time ago that we started this process my.

Kids, I understand.

Would would were you given a substantial discount?

No, I would, Well, you were given a discount, but I was making payments on both of them. But I fulfilled both contracts.

Like, Okay, I see what you're saying. No, I see what you're no. I know what you're saying. Okay, because there is a monthly payment I paid for each child, And you're right if you got to the end of it, you paid it up, and then there was still treatment

Uh.

In fact, I don't know if I still have his number, I might want to try calling him three h three oh seven to one three talk. Yes, go ahead.

When you say I need to get in touch with the bankruptcy court, I mean, is that something that I should first do or am I just.

Out of luck?

Well?

No, if listen, you're probably out of luck even if you do get a hold of a bankruptcy. I don't know if they did file. I read somewhere that Neo Early Orthodontics filed for bankruptcy, okay, And I don't know if that's sure or not. It says here it was Friday, January twenty fourth due to UNFOERC certain circumstances. But I don't see. But I saw somewhere where they did go bankrupt and if they did, then all of the claims. All of the claims have to go through the bankruptcy court.

See.

And then there's people. There are people. Yeah, you make a claim with the bankruptcy court, but there are people who claim who are claiming they went to the Attorney General's office. I mean, look, if there's nothing you can do, they say they're investigating. You know, that's a bunch of crap. I doubt anything was done on purpose by this guy, and I'm sure we're gonna find out. But anyway, I believe they did probably file for bankruptcy, although I can't

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

Yeah, she was very distrustful of the dentist.

Yeah, she was very, very suspicious. So she got a second opinion.

But and so her main beef was that the Loto Dental they offered her free X rays and then they diagnosed her with six cavities and gum disease, and she got a second opinion which says she did not have cavities or gum disease. So basically, she's saying that she paid for services that were inadequate because they diagnosed her. But what is this six hundred and sixty nine dollars she wanted back?

So that's the that's the portion that she paid for the service. Some of it was covered by a dental plan. Wow, some of it so.

Well, I would want my money back too, if, in fact I was diagnosed with stuff I didn't have.

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

So cavities are not an opinion.

Well, in my case they have been.

So oh wait wait, you mean someone can identify a cavity and someone else says it's not a cavity.

That's right. That happened to me.

Well, come on, and coincidentala, it was on six of them. And so somebody did recommend that I had six cavities filmed.

And they were not cavities.

Well, I'm still not sure what they are. But my other dentist, whom I've had many years of experience with, said no, there are two or three of these that we can put some kind of a filler or varnish on them. So he says, they're not quite cavities, but they will become cavities if you leave them alone. So we did that many years ago, and they never turned into cavities. And once in a while I have that varnish or some kind of a covering on them. Redone.

I see, I did not realize that dental. I mean, cavities are an opinion. For God's sake, it is it. It's absolutely and cavity's are holes.

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

She's got a full refund. Yeah, so that's pretty darn good you did. I don't know if you deserved a dinger or just a dinger of destiny.

I did very little on this matter.

Yeah, but we'll do the dinger of destiny. Just because she contacted us, Deputy Bow has a follow up. Deputy Bo, let's just recap this one this one was a biggie. Don called in and it's his toes were crooked. He went to the Bunyan Cure Little Tin for surgery. The condition came back. Now he was not blaming them for the Kitshen condition coming back. He simply wanted more treatment and they ghosted him.

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

His toes straightened out. And they were ghosting him, not calling him back.

And so during the break I made a call around noon, I got their answering machine.

Then after the show, I called again at two o'clock.

Talked to the receptionist and just told her who we were, that we're on the air, and just all we wanted to do.

I don't want his medical history.

I just want your doctor office to Bunyan Cure, the manager to call your patient and just try to get him back.

That's really all we wanted. We're not looking to interfere with the care. So what happened at.

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

But that's really good. Now, you know what, Why were they ghosts in the guy?

I don't know. I didn't get this.

It's not like the guy was blaming them. It wasn't like he was looking for anything special. He just wanted follow up care. For God's sake.

If it was me, I would have wanted my twenty five thousand dollars back.

You get your dinger, you get the dinger for that one, not the dinger of destiny, but a specific dinger, dinger Dinger. So anyway, bottom line is this neo. I'm getting some other people who have They were very upset that Neil closed because apparently he had a lot of open cases with people who paid in advance, very very unfortunate. I just I refuse to believe there's any kind of fraud at all involved. In fact, yeah, I don't think so at all, because if you think about it, yeah, I

I'm having problem with State Farm and I've heard you guys saying that they are the worst, and I totally believe you. I had what's the problem on Tucy? I had XL come out and clean my gutters out and they said I needed a new roof. So Jack from XL called my agent and they said that I had till the twenty ninth of this month to get the gutters cleaned out and the trees trimmed or they will cancel me.

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

Because it's missing all kinds of shingles?

Well, okay, but that's not an ensurable event unless something caused it. What caused it?

Well, I'm thinking maybe the hail of last year. But I didn't. I had nobody go up and lost.

Yeah, but you don't. You don't just get You don't just get a new roof. Listen. We are under a mistaken impression in Colorado that we don't pay for roofs, that they're all insurance claims, and they're not. If a roof has missing tiles, if a roof is deteriorating, you need to pay for it. You don't. You don't get to get an insurance claim. Listen. I don't like State

I couldn't tell you what.

Okay did it? But okay, but did Excel Roofing say you had hell damage?

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

Right, Judy, that doesn't sound like hail damage to me. That sounds like an old roof. How old is your roof?

I couldn't tell you because my husband passed away three years ago and he always handled that stuff.

Do you have any idea the last time you had a roof done, any idea at.

All, It's probably been at least ten years.

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

Yes, I do. His name is Jack.

I think she said Jack.

Yeah, Jack Barr. I think it is the ar RS.

We're going to that's good, we're going to talk. Let's do this. I want to talk to Excel Roofing. Let's try to get them on right now if we can, and if we can't, we'll continue this. But my plan is to talk to Excel Roofing and find out why you need a new roof. Did they say why? Did they say you have hail damage? Did they say you had wind damage? Did they say anything at all?

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

Okay, But unless you had an event like a wind storm, wind occasionally blowing tiles off, that's a lack of integrity of the roof. Insurance doesn't cover that. Insurance would cover a windstorm, a hailstorm. It doesn't. It's not a guarantee. Insurance is not a warranty. I mean, you're gonna lose tile from time to time, You're gonna lose granules from time to time, Your roof is gonna wear out from the sun from time to time. But that doesn't mean that insurance pays for it. Now here's what I want

Mike told me that they had an adjuster out here earlier, and they sent me a letter, supposedly in March. I don't remember getting a letter from him.

He well, what what? Just tell me they rejected your claim. They denied your claim.

He hasn't filed one yet. I don't think.

Who hasn't filed one. You're the one that files it.

Well, I asked Mike, I want.

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

And Jack said, it's like twenty five thousand dollars. I don't have that kind of money.

I don't.

I barely have.

I think I have six hundred dollars to my name.

Okay, is your house paid for?

Yes, it has been since nineteen ninety five. I've lived here since.

That's wonderful.

January sixty seven.

Judy, I'm gonna we're gonna here's what we'll do. First, We'll contact Excel to see if we can make it a storm claim. If not, you then don't replace it. But here's what's gonna happen. If you do get a hailstorm, they're gonna claim your roof needed to be replaced beforehand, and they're not going to pay for it anyway. So we have a situation here. We could have a situation here where if you don't pay for that roof, it's never gonna get done. Now, are you getting any leaks?

I have one in my bedroom.

What you need to do is call Excel and see if they'll at least do some repairs for you so you don't have to redo your whole roof and if they can at least repair the roof. And you have no money. So how are you getting along? Rite? Your husband died when Judy three years.

Ago in May.

I'm so sorry. How have you been getting along since? Are you on Social Security?

Yeah?

And I get a portion of his pension, but it doesn't go you know, It's like I get like, what is it nineteen hundred dollars a month and I'm paying?

So did State did State Farm actually turn you down? Well?

I wanted to talk to Mike about that, and he didn't have excuse my expression, balls enough to call me back, so he sent his assistant to call me.

And she and what did the assistant say?

She said that it needed to be done, and I had every right to cancel if the insurance policy if I wanted to go with somebody else.

Well, when she said it needed to be done, did she say they would pay for it?

Well, according to him, no, she didn't tell me anything. Jack was told by Mike that the most they could go would be six thousand.

Well why I don't understand that. Why did they say they would pay six thousand?

I don't understand any part of this, to tell you the truth.

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

I know about State Farm?

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

But Tom, when you agree that she needs to get the adjuster out to look at it.

Of course, but he's been out there and said they'll pay six grand. So what I think is I think the adjuster saw some tiles missing from wind and said, okay, we'll pay for those repairs. I'm not sure. First, what we have to do is get Jack on from Excel Roofing to address this if you can help us arrange that book. Got Henry Henry on right now? Okay, does Henry know about this case? I need to get a few more bits of information, but he will well do

Did she get a heat lock?

I mean she's been there since ninety seven. I'm sure the house has increased traumatically and she.

Can Okay, she might be able to get a hea locked, but she has no income. She has no income.

Time.

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

Is that right?

Judy, Judy, I don't know what happened at Judy. Did they say that you have to do certain things before they'll cover you? Did they say they were going to cancel you, Judy?

They said if I didn't get the trees trimmed and the gutters cleaned, which I have done, they would cancel me on my ninth.

Okay, so did you get your trees trimmed? No?

I haven't been able to find anybody. They won't return my calls.

Who won't return your calls?

Well?

I had Cambyan, Yeah, I had Cambyan Arbors do it last year, and she.

Has Do you have let me ask you something? You say you do you have any spare money at all for repairs you're gonna need around your house?

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

You understand though owning a How old are you right now? Judy?

Eighty?

I hope you lived many many years and I want to help you, But you're going, but coming up? Who knows what if something goes wrong in your home you don't have the money to pay for it. Well, Judy, hang on because I'm going to make a suggestion. I think that applies in your case and very few, very few cases where it actually applies, So hold on. We'll also talk to Henriette excel Roofing more right after this