The Troubleshooter 4-22-24

Yeah, ripped up news. You need advice? Who you don't have? Come running just as as you can. Shooter's gonna help. Come man, This is the Troubleshooter Show. No Tom Martino, Hi, Tom Martino here, Welcome to the show. How are you doing? We got Dan Mackenzie with us. A state law that's always a popular topic for texting. If you want a text, or you can call, and of course you don't.

Texting is five seven seventh three nine, And of course we don't limit to one topic ever, but this is really important stuff I wanted to ask him about. He's a state planning, he's an attorney. What isn't a state plan When do you need one? When do you not need one? Meanwhile, I want to talk to you about your problems, questions and complaints.

So let's get to the phone and talk now. When you're not here, or when you don't call here directly, you can call three oh three Martino three oh three six two seven eight four sixty six and we'll call you back like we did. James, James, what's going on with you? James? What's happening? Hey? I just uh, I've got a little problem. It's not a big problem. But uh, I just can't understand this. I uh, I needed to get a shuttle service from the airport,

Denver Airport. Yeah, ran like and I booked it on November twenty first of last year. And I would wait a minute, you when you booked it November of last year? When was When was it for? How much in advance? Did you do it? That was it? I was, That's what I booked. It was November twenty first, and I, oh, for November twenty first, I mean, you did it immediately.

I got picked up, got picked up on the sixth of March. That was the I was supposed to be picked up at the Denver Airport on the sixth of March and driven to shuttles through Grand Lake, which was fine. And I also at the same time that I had so James, you called in November for a pick up in a March, right, that's correct?

Got it? So then then I I in two weeks I wanted to be picked up back in Grand Lake and taken back to the airport, and they agreed to that and I paid one hundred and sixty six dollars one way,

and then another one hundred and sixty six dollars I paid in advance. So anyway, when I did get picked up on March sixth at about till I think it was eleven o'clock, and that worked out great, drove me to uh selld me to Grand Lake. Well, I was all done with what I needed to do in Grand Lake, and I just called the day before, on the nineteen to just check to see if you know, they were

going to be there at noon the next day. And the lady on the phone says, oh, you know, We're sorry, we can't pick you up. It's too car It says, excuse me, I'm I supposed to get to the airport. No wait a minute, they never let you know that. Had you not called just to check, you would have never known exactly what the hell is that all about. I mean, you know,

listen, I used to have this fear all the time about everything. In fact, when Uber and Lyft first started, I couldn't believe people got up in the morning and they had to go to the airport right and without making any prior arrangements, like about an hour before or whatever they needed to go, or that they would they would they would just go on their phone.

I thought, what if somebody's not there. And I don't know if that's ever happened to anyone with Uber or lyft, So I always found that extraordinary, let alone making an advanced registration reservations. Now, when you told the driver I need a ride back to the airport tomorrow, did he write it down? It was in two weeks? It was in two weeks. Oh, two weeks, okay? Basically yeah, yeah, And this was the twentieth of March. So anyway, here's here's the deal. So wait a

minute, did did they write it down? Did you or did you call a number? Or did you tell the driver? Oh? No, no, I had this all confirmed. I have it in writing that it's all confirmed. That okay, And in two and you did this. You did this basically two weeks in advance, and the night before you find out they can't make it. Yeah, they just said, uh, yeah, we can't. We're just too far. I said, excuse me, I am a flund at five o'clock. And had they ever called you or left a

message or texted you or anything? Nothing? Gray? So what's going on? Now? What about I need to talk to a supervisor. And she says, let me check my supervisor She comes back about five minutes later and says, no, I'm sorry, you can't go to the eirport. We we're just not picking you up. I says, wait a minute, I already paid for this. What am I supposed to do? Oh? You know what, we do have another service. It's a private service, which we could hook you up with. I said, well, how much is

that? They said it's five ninety nine and I said, okay, five That was more than the flight, wasn't it. Yeah, anyway, what happened? What happened? Did you take the private service? Yes? I had to take the private services because well, you know what I would do. I swear to God what I would do is I take those guys to small claims court and use your verification by email as proof that they screwed you.

So anyway, I left. I sent him a letter about four weeks ago, just as I came back, I said him a nice letter, just saying, you know this was not right. You You basically owe me four hundred and thirty three dollars because I get it this. Yeah, yeah, I'm your in agreement with you if you truly had a confirmation and they did not let you know in advance that they couldn't do it, And what happened? What do they say? Are they agreeing to pay you back or

what? No, they're not even no responding. I called them. They won't answer. They just all right, well, we're gonna call them. What's the name of the play the shuttle. It's called Grand Mountain Rides. It's enough easier. Wait a minute, Wait a minute, they're in. They're located in the mountains. And they said it was too far. Yeah, okay, advertised they advertised that they go to Grand Lake. Shoot,

wait a minute, and you can't. No, I would never let this go if you truly have Do you truly have a confirmation number for the ride back? Yeah? I should have it somewhere here. I've got all the time. Did they just plan on not showing up? What they knew you were booked, but they just planned on not showing up? Or do they not even acknowledge you booked it? No, they acknowledged that I booked it, but they said they just couldn't make it because it's just too far.

That was the excuse. And even the supervisors said, nah, we're not gonna we can't pick you up. So I was I was did you ask, did you ask why they didn't bother to tell you? I was so distraught at that time that you know, I was just going to another question, another question, another question. Have you ever heard of uber or Lyft? They don't have it there. They don't have anything like that in Grand Lake. There's no one around up there. The only other shuttle services is

Home James and they do mostly winter park that company in March. In March, they just don't go all the way to granted because there's no Kachina. Who do we have that can do what happened? I'm hearing static. Hello, that's coming from Oh. Mark's trying to get in. Mark. I don't know why we can't hear you, bro, We just heard static. Let's this is a Mark would take you to small would take these this shuttle place to small claims court, using that verification as proof he had a contract

and they breached it and it cost you money and all that. And we can do that separately. But I want to Kachina, who do we have. Let's give it to a deputy to work on. I just need to mark down who we're going to give it to. Sure we could do Deputy Dollar or we can also do Deputy bo. You know what I want to do, Deputy shop I no, no, no, okay, I want

to do our newest deputy coming in tomorrow. I want you to save it for her, okay, because she kicks butt and I want to And we haven't come up with a name yet for her, So what do we do? Her name is Genie but depid huh Deputy xx y xx because she's a female. Oh fun? Oh, that's fun. All that is in our first female FIRSTX correct? Oh man, we can come up with something like that. That's pretty cool. We got more coming to listen, James, you're gonna be in good hands. Man. We're gonna see what we can

do with this one three zero three seven to one to three. Talk now, Diane wants to talk about an issue with DraftKings sports app coming up. Hey, water Pros the best water systems at the lowest prices. Now, I love the coffee it makes, but I also love drinking water, and I don't love drinking water, but I love water Pros. Only fourteen hundred bucks fully installed triple filter reverse osmosis under your sink doesn't even require electricity.

It runs off the water three oh three eight six two five five five four Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance

companies find out now three oh three seven seven to one. Help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino, your troubleshooter three oh three seven one three talk three oh three seven one three eight two five five Diane, what's happening with you? And Draft Kings? Hey? Tom, Thanks, I'm actually

calling for my daughter in law. But they placed a bet on Draftking sportsbook in December of twenty three and it won and Draftking it was like thirteen hundred and seventy dollars that they won, and Draftking denied how much total? I'm sorry, how much total? Thirteen hundred and seventy dollars okay, and Draftking has denied to pay it to them because they said that they don't believe that

it was them that placed the bet. So my daughter in law has sent like her driver's like, well, what does that mean they don't believe it? What do they mean they don't believe that their identity is correct? They're not paying them because they don't believe they're the person that is on the account. Basically, you got to well give us a little more than that. What the hell does that mean? Are they saying that they didn't give a social Security number? Or they they made the bet while they were at a

state. They've got to be giving more infos and Mark, here's Mark. There's something else too. Even if they don't believe those people belong to that account, why don't they just don't they just pay the account and then then you worry about getting access to it. In other words, isn't that how they do it? Don't they just pay the account? Don't you have an account balance? And if they have access, it's going to be attached to a social Security number. The bet had to be made in the right state.

I mean, that's what I'm saying. There's more to this than they're simply saying, Hey, we don't think it was you. That doesn't make any sense. What else are they saying? Well, I'm, like I said, calling for my daughter in law. But I did. I did find out from them that she has since such submitted like her social Security number, her birth certificate, or driver's license picture of her to show that it's

her account that the bet was placed on. But they just refused to make pay the payment out so long to prove see, that's not even they don't even see. This is what I'm confused about. They just pay the account. I don't know what you're saying, Tom. They pay if you win the bet, you get it. You have to own the account, you know. But they but where do you mark if you win the bet? Where do you get paid? Where? They put it in your account?

That's right, that's right, and you can transfer it to your No, I'm talking about don't they have online accounts for in other words, they don't have an account on draft Kings. Then, yeah, they do have an account with DraftKings. Yeah, so use your name password just right you would with Netflix. So when you go on that account, there's no money taking in and out of that account. Yeah, you make a deposit and then that's the money you bet. If you win, it goes into your account.

When it's in your account, you can cash out into your bet. Now that's okay. So then what difference does it make who has access to that? That's up to that account holder. So in other words, why don't they make good on the bet to begin with and then let the account holder worry about whether Diane's daughter in law is going to get some money or not. First of all, the irs reporting is very very important under any

legal online gaming. So if they did not give a correct social Security number or something along that line, they're never going to pay it because they're not allowed to pay it. You mean, if they believe the original account was set up fraudulently, Yeah, exactly, something along that. That's what I'm saying. There's more to this or the other part is if the bet was placed out of state, and they don't think these people actually place the bet

well in Colorado, I don't think that would be the situation. But bottom line is they are not getting paid for this thirteen hundred dollars and why that's what we keep asking you. What are they saying? They have to have a specific They're saying that she's not the correct owner on the account. And okay, okay, don what well, I don't know what Diane? Whose account is it? Diane, we're trying to help. Okay, now if

it's her account. What I'm asking this is do they if she goes on that account, not talks to DraftKings, but goes on that account, can she to this day? Can she place bets or have they suspended the account? I don't know if they've gone on to place one since then because they got paid for this. See, that's what I need to know, because where what you're telling us is incomplete, we need and you can call us back, but we need to know this first, or have your daughter in

law call. We do have people that we can help, I mean, then can possibly help. But here's what we need to know. Is this account still active or have they suspended the account? If they suspended the account, that makes more sense than just not paying. Because for example, if I had an ACCH that was going into my account, a bank account, the bank doesn't care who I am. They're only worried about putting the ACH in my account. Then if I have access to that account, I can

get the money. They don't tell me, Well, you can't have that money because that's up to me and that account holder. If it's me, fine, If it's my wife, fine. But that's the part we don't understand. Are they not paying because they're saying the entire account is fraudulent or are they saying something else. I mean, we need to know that because what you're telling us makes no sense. Can she log onto the account right now and make a bet? Can she actively use that account? If so,

then they should have paid the account. That's how they do it. So so what you're saying isn't driving. And I'm sure your daughter in law will be able to explain it to us, and we'd love to help. If go at what's I'll have her call. If you have her call, I'm gonna mark this. If she mentions you, Diane, I'm gonna mark this that she'll be calling. Then we can get to the bottom of it. Three oh three seven one three talk three oh three east seven one three

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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 oh three nine two zero sixteen twenty two. Hey Tom Martino, your troubleshooter three O three seven one three talk seven one three eight two five five. What's on your mind? How can we help you? I'm going to open this up now a state plan. I said you could text us at five seven seven three nine. Hey, by the way. You can call us about anything.

But one thing I do want you to do is call before it becomes a big problem. Now, the one problem with the shuttle not showing up, I don't have a problem if they made a reservation, confirmed it, and then way in advance said oh, by the way, we should have never done that. We can't do it, we can't take you. But he said he didn't find out till the night before when he called to verify and

they said no, we're not coming. Well then they push him off to a private service for like six hundred bucks or five hundred whatever it was. It was terrible. Well, you can't do that. None of you had a written authorization or confirmation. So on this sports betting thing, the sports betting piece, people have an obligation to make sure the accounts are real because there are people I looked up are setting up fake accounts so they can get

gambling winnings without reporting them. Now, I'm not saying that's happening here, but they might suspect it is happening here, or worse, it could be an excuse. That would be terrible. If a betting app is purposely not paying off bet I doubt that though, But who regulates those betting apps is? Because really is it where they're located? Is it? I often wondered how they do that? How can online betting? Are they prohibited in some

states? Mark? Do you know anything about online betting? I don't. I don't know how they leave. I mean during football season, I've definitely placed some bets, but I know for a fact that if the Social Security or there's any kind of strange stuff like that, they simply won't pay it. Now. Candae is the daughter in law, and she's on the phone right now, so I'll wait on these questions for our estate planning attorney. Yeah, I'm dying to hear what they're telling her at So, Candice,

I'm glad we're talking directly to you. I want to ask I want to ask a few questions. Did you how long have you How long have you had this account with draftings? I've heard it since twenty twenty two, so about two years. And you never had a problem before this? No, I actually did in twenty twenty two. I had this same problem. How did you work it out? So? I everything that I've tried to done so the first time I had to send in they wanted my social they wanted

a picture of my ID. They wanted a picture of me with my ID. In twenty twenty two, that's all I had to do. But recently, when I it's like thirty, they were cashing me out two hours prior and then all of a sudden they put my account on hold. I said, I needed to prove my identity. No, Candice, help me out here. Just wait a second. When you said they were cashing you out. Under normal circumstances, when you place a bet and you win, doesn't

the money automatically go into some online account with them or not. So yeah, it it goes back onto your betting account, and then you can go in and you can cash it out into your bank account. That's okay, that's what I thought. So what I want to ask is can you get into your account right now and make a bet? No? Okay, that's what I thought. So they suspended your account. Yes, okay. Why do you think they do this? It's because they think fraud is going on.

I think that's what it is. They just keep asking me to prove my identity. So I send it a picture of me and my ID, my ID, my social I've even sent them baked statements proving that this is my bank, this is where the money came out of. I don't,

And it's just it. I always just get the same reply where they want me to send it again, or they'll want and tell them the last time this happened to you, The last time it happened to you, Was it specifically with a bigger bet that you won or was it a smaller one? What was it? It was a smaller bet the first time? Really? And then how many bets since the first time before they asked for ID again this second time? How many bets in between? Problem? Fifty? And

you never had a problem. No, I never had a problem until that. It's like thirteen sixty eight. I think that they won't let me cash out, and I've tried to contact my bank to go like around it. I've tried to contact them, I've sent them every piece of information that I possibly can to prove my identity, and they just keep blowing me off. Well are they not communicating at all anymore? Oh? No, they're not at all anymore. And this has been going on for about six months now.

And there's also no actual way to talk to a physical person it's just an automated email response. Man, this is frustrating as hell. Wow, yeah, where are they located? Do you know? I have no idea. I bet if we googled it we might be able to find out. Okay, I was just curious. So you don't have a person or a number we could call. No, And when you go on the Draft Kings app and like push contacts us, it only sends you their email, and

that email only responds with an automated response. And you have never won the last time around you did this. You never talked to anyone. Nope, I never talked to anybody. The only the only betting site I've ever been able to talk to somebody on is sports Set. You know. That's that's kind of weird. I mean, you know, but this is the trend nowadays. So did you call eight seven seven? This is what I looked

this up. Did you call eight seven seven four three five? Well, actually it spells out something eight seven seven four the number four Draft Kings. Have you done that? Yes? I have? And when you call there, what do you get? You get an automated like response system that tells you to contact the email address. Did you so? You wrote support at draft kings dot com. Yes, and you got nothing. And then I get an automated response that says, we need your account has been suspended.

We need to prove your identity. Please send in the following information, a bank statement for this month, a picture with you and your and your state ID, and a copy of your Social Security cards. And you did all of that, and I've multiple times I have done all of that. Wow, Wow, Mark, what would you do? I'd probably take them to court. But I still think we're missing something. I don't know what is the bank account you're trying to transfer into. Is that in your name?

Yes, my name and my name only. It's not a shared account with my husband. It's only mine. Is it located in Boston? That money still in the account? Yes, the money is still sitting in my draft Kings account. I just can't do I can't place the bet with it. I can't pull it. You just can you log on right now to your your account? Yes? And when you log on, you can't do anything. I can't do anything. I can just see like their basic loading page. When you log in, it'll give you like a home screen. I

can see that. But if I try to make a bet or hit withdraw. It'll tell me accounts suspended. Please contact draft Kings at draft King Support a draft King dot z ndsk dot com. Okay, I don't, Mark, I think, honest to god, you would do small planes court. But I wonder if they don't have an agent or do have an agent? Oh, I'm sure they do. I would think so for sure, Yes they do. Let's see, I'm looking it up on the state. Okay, Listen, they have to have one due to the registration in Colorado from

the Gaming Control Commission. So you need to look up their registered agent at the Secretary of State's office. Do you know how to do that and what you do? Let me explain what you can do. You can just take in the small claims court for breach of contract for the money. I mean, you have all of the copies you send to them, you have the string of emails. I think you have everything you have, and I don't

think I think if anything that will get their attention. You know, when Mark first started doing sport, you know, I did small claims court for all kinds of little stuff, but I never thought of a big corporation, right, So Mark did this. I forget the first time he did the big corporation, but he found the registered agent. And in every single case, I believe Mark, they called to settle in every single case, right,

everyone, every single one, and he found magic. So what we're telling you is not to put you off if you listed, right, I just found him on the Secretary of State. I mean they're good. I was looking it up too, so thanks. Just so you who is the registered agent. It's CT Corporation. I've served those guys ten times. Easy. That's a professional registered agent. Yeah, exactly. I mean this one's a slam dunk man. The abandon I don't know is the I don't know

how like if anyway the Gaming Commission it's involved in this. But I don't think it matters if you can't call up and talk to him. This will at least get you a conversation, no doubt. That's right. That's right, Okay, I'm I go about looking at that is it? Just like easy on Google? Just give her mark, do you have the enuugh that the address and the name you can just give you just now. All you do is google Colorado Space so os and then you go to the Secretary of

State's website. It'll be the first up and then you hit find a business, and then you type in DraftKings and you'll see DraftKings Inc. Okay, and then you look for the and then it'll have the name of the registered agent. Now that many of these companies have registered agents that are professional registered agents for many companies, but you can still serve them. Do I owe you a brake? Shanon? Am I late? Okay? More? Coming

right up? Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance checkup 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 Frame durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero

sixteen twenty two. Hi Tom Martino here three oh three seven one three Talk Deputy Doc. You have a comment on candace situation. What is it she has to do? Tom is called the Colorado Gaming Commission. They are like bulldogs they will go after the DraftKings, and if they put me a license to Colorado, I guarantee that she will get action very quickly. Really, hey, Candace, did you hear that the uh Colorado Gaming Commission? Did you put a commitment? Is she still on, by the way or not?

Is she all right? Maybe she's still listening or we're gonna tell her? Thanks Doc? Have you really they do listen to complaints? Oh? Absolutely, I mean even minor complaints from like from the casinos, they investigated pretty quickly. They're very, very conservative when it comes to following all the rules. Thank you, doc. That's deputy Doc. And I don't know. I think he's gambles now. And then hey, Steve, you have an HOA issue? What's going on? Did he just get disconnected there?

He's not on? Okay, So we're going to come back with our state planning attorney with questions like what do you do when you inherit a bunch of stock accounts? Do you liquidate? How do you liquidate? Where the tax is paid? How are they paid? Also, somebody wants to know about airs. Are they automatically equal if not specified? Or can they be spified? Hmmm? That and more coming up on the Troubleshooter Show. I'm Tom Martino. Get your calls in three oh three seven one three talk. Go

with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two

rift need So you don't have a cam's gonna help? Come man, this is the Troubleshooter Show. No Tom Martine. Hey, I'm Tom Martino. Welcome to the show. Three oh three seven one three talk seven one three eight two five five. So a very interesting question we got for our estate planning attorney, Dan Mackenzie. Then I'll go to the phones. Our number three oh three Martino, by the way, is a good number because if you don't get right through, and you probably will. While we're on the

air. If you don't though, if it's after the show or at night, we will call you back. Our promise to you really three oh three six two seven eight four sixty six. We believe in access now. Dan McKenzie attorney at lawn my referral list refer list dot com. He does estate planning and all of those issues. And this is a very interesting question when it comes to airs. Is it assumed they all are equal if not mentioned in the will? Like that's that's a very interesting topic. Like for example,

a house, are they equal? Uh? Stock account? Are they equal? Bank accounts? Are they equal? Whatever they're on? Are they equal? Yeah? Yes, yeah. If it's not stated, then yes, it will be assumed equal shares yeap, So we can add you know, you can own a house as tenants in common. So that's like you each owned separate shares that house. If you can specify in the deed, this parents known seventy, this person owns thirty. But if you don't say

anything, it's going to be assumed that's fifty to fifty. But you can dole out percentages. That's interesting, you can, but then you don't own it jointly anymore, meaning that if one of you passes away. No, no, I don't mean you and your wife, I mean your heirs. Can you say this person gets this air gets thirty percent, this air gets seventy percent. And we're talking about a specific asset, yes, like a house or a car or a piece of art. Can you dole out percentages?

Yeah? Yes, but the result will be a tenants in common ownership. So again, that just means you all own separate shares, and that's probably what you want frankly, but yes, you could do it. Okay, So what is the fault? The estate is in a lump sum and everybody divides it up? Yeah? Usually, I mean most, I mean like the intestate laws are certainly very vague about that. Most estate plans are kind of like, here's the percentage of the overall estate that we're giving it

people. Usually it's equal. And we've had cases where they will inherit a house some siblings, right, yeah, two of them want to sell, two of them don't like it. Can you specify in a will? And maybe people should? And I don't know how you handle this. How do you handle that? Should they specify not only the asset but what to be done with it? You gotta be really careful with specific gifts. I tell people like, it's nice to have specificity because it lowers the chance you're going

to argue over who gets the right house. That On the other hand, you have stuff like this where it's like unintended consequences where exactly what you just say, so so is it? Then? Can you say the house will be dealt with in this way? Possibly? I mean, you know, there's there's limits. It's to you know, what's going to happen is probably one of the people who wants to sell, for example, it's going to go on the court and ask for it to partition it. And then it's

that's basically a force because here's why. We had one case where a guy specified that he wanted this house a vacation home kept in the family and and and three of the kids said yea, well that's cool, and the other one says no, yeah, I mean I want to be bought out. I mean, can you actually can someone deceased actually dictate that? Now? I mean, that's what trust planning is for. And then you've got to have some mechanism in there to cover all the HOA fees and taxes and insurance.

I mean, is this kid gonna It's not that easy to control an asset after death. You got to be very careful about that. Yeah, because all that stuff I just mentioned, and you could be hoodwinking someone or should I say, straddling them with an obligation. Yeah, and we're not going to do that, right, Yeah, so that kid's not course to bail that. Let's say there is a provision in a trust or in a

will. Can the majority or all errors if they're in unison, if they're in agreement, can they have it changed even though the deceased wanted this. Can they say, listen, we're the errors. We don't want to keep the house. We all want to sell it. There is a mechanism for a private agreement among errors and beneficiaries where that can supersed or not. Well,

yeah, it is a supersede supersession of the decedent's request. No, yes, but you'll have to look and see because there might be future beneficiaries we're going to lose out on likeationing got in this house too, right, so they might have to sign. So it's tricky. Oh wow, that's why you have a a three to three seal plan. Steve, let's talk man about this HOA. What's going on? So the hailstorm that happened in Aurora last summer, Yeah, significant damage to the condo that I live in.

Yeah, and there's three other units that are attached to this one building that we all live in. So is it a townhom or a condo? So there's three town homes and then the condo sits on top of the car port that I live in. Oh but okay, but they're all condominiumized, meaning it's one building with four units. Correct. Okay? Now was that the only building in this whole subdivision? Or are there several buildings like that? There are several buildings and they'll receive damage, okay, and and there

and okay, got it? So now what's going on? So now the HA is wanting to replace the roofs and prepare them. Sure, and there's a nine thousand dollars deductible for each owner of each unit. Well, it's either a deductible or it's an appraise. Accuse me, it's an assessment. It really doesn't matter what they call it. But you what they're saying is insurance won't cover that amount. Correct. Okay, So then what so then I reported that to my insurance. Right, they say that I have an

outdated plan. You do not have what they call you do not have loss assessment. Do you know what loss assessment coverage is? I'm sorry kind of say that anything. They say you have an old plan, which probably means you don't have lost damage assessment. Loss damage assessment is very simply this. It covers you for assessments for insurance losses only, by the way, not just it Like if there's an assessment to fix the pool or the parking lot

or anything like that, or landscaping, it won't cover it. But if there's an insurance loss, they do have certain coverages that go up to a certain amount depending on the policy. You can get a policy that covers pretty damn big assessments, or you can get a policy that caps off at two grand, so you don't have that. The bottom line, though you don't

have that coverage. Is that correct, Steve? And so this is where it gets confusing, because they said that I do have loss assessment, but not because it's under the deductible for an Okay, hold on, hold on, we got to talk about that. Let's get compass insurance on here's what I think they're saying. Some I believe. Now we're going to ask We're

going to ask Compass unless Mark you remember this. I don't know, but we talked about this once before, and that is lost damage assessments will cover certain assessments but not necessarily deductibles, or they covered deductibles but not shortages. I don't know something like that. I'm going to have to get our insurance expert at Compass Insurance Group on and by the way, we'll have them on. They do that insurance checkup. So hold on, let's get Compass on

Kachina and see what we can do for that. Steve, this is important, so we'll get you an answer for this. Three zero three seven to one three talks seven one, three, eight two five five. We also have McKenzie law Dan McKenzie, and we were talking about airs and some of the One of the reasons you would want a trust rather than a simple will because you can have more specificity and terms and conditions. But I want to ask them another way. I heard about doing it, and it might be

a tricky way, but I don't know. Uh. Someone once said, well, my dad put things in an LLC and the ownership was left to the kids in certain percentages. We'll talk about 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 contents. 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. Hey, I'm Tom Martino. You're Troubleshooter three oh three seven one three talk seven one three eight two five to five. I have Jeremy Terzio with us from the Insurance Health Center. Are actually

Compass Insurance group. We call it the Insurance Health Center dot com because what they do is the insurance comparisons to make sure you're not paying too much, to make sure you're not under insured, or to make sure you're not over insured, you know, just to make sure it fits you, and again that's free of charge at three oh three nine nine six nine thousand. Jeremy, Now listen, Jeremy. This guy says that he has an older policy

he was slapped with an assessment. But there's a weird difference here. He is saying that his assessment coverage that he has will not cover what is it? Steve? Explain that it will cover something but not the deductible? Is that what you said, Steve? Are you there, Steve? Yes, I'm here. Go ahead. So the way I understand is that it will not cover the deductible for the insurance claim through the age away. But what

will it cover? What will it cover? I didn't okay, Jeremy is there, Jeremy, can you so if you have loss assessment coverage and tell me the limitations or exclusions under that? Sure? Well, there are so none of our companies do this, but there are a few companies out there that will not pay the loss assessment if it's purely to share in the master hoas deductible, which is really silly because that's ninety nine percent of what you're going to get assessed for it, And what will they cover? Then?

I don't understand if they won't cover the deductible portion. What will they cover in those circumstances. You're correct, because you're all loss assessment policies or coverage is only going to cover damage from a covered peril, so hail wind fire, right. You know, if you get a notice in the mail and says, hey, we're getting a new clubhouse and you get an assessment, your your insurance isn't going to cover that, just like if you were going

to do something and upgrade to your own home. So that's just it. It's always going to be something that comes from a cover insurance claim, which is what the HOA policy's covering because they're ensuring all the shared common own property and then they assess that deductible. So, I mean, the only example would be if there was damage, let's say at Hell damage and the HOA decided it wasn't enough damage to file with their master HOA policy. They were

just assessing the damage amounts. So it's a useless coverage base. It's a useless coverage if you don't have it cover the deductible correct. Yeah, And we at one point had a couple companies that tried to go to that limitation, but they backed off of it. But yeah, you need to make sure that your HO six policies loss assessment covers hoa deductible share. Hey, Steve, who is your carrier? Your insurance carrier, not your agent,

the carrier that it's all state? Well okay, enough said. So you now are stuck with nine thousand dollars in assessments because it's a deductible and and like you said, Jeremy, there are very few circumstances when the shortfall. I mean, what else would it have done? I mean, it's always going to be deductible, isn't it. I mean, what else unless, like you said, they decided to self ensure, right, so, but everything else for it to be covered at all, it has to be a

covered pail from the pome. Well we yeah, I understand that. Like if they want to pave the parking lot and they assess you, right, that's not going to be covered. Now I have a weird question, Jeremy, do they ever have a deductible of the deductible So if you have lost assessment coverage and it goes up to like you know, and it's for it's

for everything, you know, everything peril related. And let's say you're assessed ten grand, can your insurance company make you pay a deductible of the deductible? Yeah, you have a deductible on the loss assessment because they're not look I mean whether it's a shared deductible or not, and most times it's going to be you have to look at it from this is the insurance loss. If you have an HO six, the unit owner's loss is whatever their assessment

is. So you have a ten thousand dollars loss assessment, you're still going to have your deductible that goes into play for that, but you're only paying that one deductible because obviously the HOA is collecting this money to pay that they're

deductible. Does it surprise you that all state doesn't cover deductibles. There's been a lot of back and forth with insurance, the HO six policy, these and these master policies with that or the hoas I should say, And to me, what's surprising is that companies just don't charge what they need to charge for the risk. You know, if you start putting in we're not going to cover for this scenario when it's so likely that's going to be the scenario,

it just it causes those types of problems. I'd rather see companies just charge appropriately for what the real risk is and not have people have to go to that level to try and figure out Yeah, exactly, not have them surprised when they need it right right, Okay, by the way, thank you, And they do the insurance check up at three h three nine nine to six, nine thousand and Steve Man, this is going to be a real hardship. Did they give you a payment plan of any kind? I

have six months? Could they? Well, then I would change my policy if iru. Yeah, I'm definitely going to find a new insurance altogether. Yeah, and I suggest you call Compass seriously. They can hook you up. They're a broker. They represent like twenty five twenty six companies, and I'm sure they're going to find one. Definitely, get away from All State. Man three oh three seven to one three talk Okay, Now I want to talk to Dan McKenzie, attorney at law. I'm going to go back

to our wide shot here. We were talking about leaving a home, or leaving an asset, leaving art, leaving and you know, and they all have presumably an equal share unless you dole out percentages that can get messy. But what about and he said, if you had a trust, it's easier to do. And with a trust you can also dictate terms and conditions. What about people who believe that in LLC, for example, they put something whatever it is, an asset into an LLC, and when they leave that

asset, they're actually leaving the l the LLC that owns the asset. Is that a way of doing it, and then that LLC can be run by the airs. Yeah, it's a really great solution actually, because the problem with trust is that there's a trustee in charge and the parties might change over time because kids start growing up and they become interested in the property as well. An LLC lets you specify, you create an operating agreement. You say,

here's who has the membership of interest. Here who has the right to make major decisions and minor decisions about the property. Here's how you buy someone out if they want to get out. You know all the stuff about it. But if you had the home liter a home for example, in an LLC, and they were current owners of the LLC before passing, they don't get the stepped up basis, then you would get the stepped up basis in the LLC. The LLC would get the stepped up the because that becomes the

entity. Correct, so the members would enjoy that stepped up basis. Oh, very interesting. Now we had another question on stepped up basis and for those listening, what is a stepped up basis? Well, it's to minimize tax. Really, what it's saying is this, if somebody bought something at one hundred dollars and sold it at one thousand dollars because it increased in value,

that have a nine hundred dollars gain right absence of any exclusions. Now, but if that one hundred dollars thing you bought was left at death, some items get a stepped up basis, meaning the day of death it was worth a thousand, not one hundred anymore. So the errors get it at a thousand dollars. That doesn't mean they claim a thousand, It just means that's what their asset is worth. So now if they sell it for a thousand because that's the current value, they don't have a gain. Okay,

what do you enjoy with stepped up basis? Is it only a residence or do cars do? What gets a stepped up basis? Yeah? Really, any stocks. Everything is valued on the day of death, correct, So for stocks that could be upboard down, Yes, you can have a capital loss. The same with cars would be down most likely unless it was a collectible. Yeah, usually don't kick capital gainsing cars right right of course.

So in essence, then you don't inherit the basis of anything or are there certain assets where you would inherit a basis if something was done like putting it into a eurovocal trust of some sort to evade a state tax, then you can still you can lose that basis step up. So there are certain thing and you can lose it if you quit claimed it to somebody, if you quit claim it during lifetime, that's possibly a lifetime gift and it depends on

your intent, but you probably will lose the basis. See, this is all very very interesting. Yeah, and I love you're the first one actually that brought up that LLC idea. It's a cool idea, I mean, it really is. I'm surprised more people don't do it now. Obviously it doesn't take the place of a trust. So I'd like to go over when you would definitely want to trust When could you get away with an LLC 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. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven to seven to one help. You'll think you're his only customer when you choose Frank Durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.

Hi, Tom Martino, your troubleshooter three oz three seven one three talk seven one three eight two five five. Let's talk to Heather, who wants to talk about a car issue. Buying a car mile high Honda? Was this new or used? Heather? I purchased a new vehicle, a twenty new When did you buy it last Monday? A week ago? Today? Bought a new vehicle? Okay, well that should be a happy time. What did you buy exactly? It should be a happy time. I bought

twenty twenty four Honda Civic Sport Touring. They're wonderful. Wait a minute, you bought a new twenty twenty four. You bought a Honda. Where did you buy it? I am so sad to say mile high Honda? Now what went What the hell went wrong? I means so far, like I said, Okay, what went wrong? What's going on? Well? I

think the finance guy was, you know, kind of misleading. While he was misleading, he told me that I've only seen two people come in here with the last and within the last month to get the deal that I was getting. It was supposed to be like a six year warranty contract for like under one thousand dollars, like six years maintenance free if my rooms got scratched. Oh you know, these they're called FNI guys, Finance and Insurance. The FNI people, they're usually liars. Oh he was, he's a big

time Let me tell you something. It's called let me tell you what this is called packing a deal. Okay, Now, now let me explain something. Unless you're packing for insurance for vacation, that the packing is never a good idea. And what that means. It happens in real estate, it happens all over. Packing a deal means adding stuff in and I'm telling you I met a person one time that had their deal packed thousand dollars. But the good news is, when did you buy this last Monday? You can

get it. You can get that stuff removed. Well, he removed like like four thousand dollars worth of stuff, but he wouldn't remove the gap, and he wouldn't remove the windshield coverage, which well, no, well that's too bad. Well no, no, no, because you didn't ask, You didn't ask forcefully enough. Well, they're being horrible. I went in person the next day and the finance guy that dealt with how much there? How much total? How much total pack did you have on the deal when

you walked out the first time? I think it was like after financing, like fifty two. But then now I already have my phone. No, no, I don't want to know about the finance charge. I want to know the actual purchase. Did you trade a car? And I did, And that's what I'm waiting for. They're telling me, I got an email this morning. I'm waiting for a sixteen dollars check for a twenty nineteen Honda

Civic Sport that I traded. Listen, I can't. I can't even imagine how screwed you were in this deal, because especially look if you trade in a car, and did you owe on that trade four hundred and nine dollars. Yes, that's what you owed on it, right, Yes, So what you should see clearly on your buy order, Heather, is first the purchase price of the car you're buying. Second, the amount allowable for your car minus the payoff, so your net equity, and that should come off

the top. Then they should charge you sales tax after that, and then all the packing. Is it clear or not? Well, I have my auto, my hont of finance that I because I had my twenty nineteen through there, so now I'm able to look it up. I put in my vin so now I'm able to see that I owe like forty two thousand on everything. Yeah, but that's not my question. Do you have the original purchase agreement with what I just told you, the purchase price, the trade

and allowance and all of that. Yeah, the purchase price was thirty one thousand, and then they brought it up. You need to send me. You need to send me that one page purchase agreement. Do you have it electronically? Do you have it? I do I have it on the the FOB and I can print it. Yes, you don't have to print it, but you can email it to us. I really want to see it, Heather, because it's not too late to back out a lot of that stuff. It's not I don't care what that FNI guy told you. He

lied to you. You can back out all of it. Yeah, it's it's been a miserable thing. And then you know, get this is that is that really what you're calling You're not calling about the product itself, you're calling about the packing. Well, yeah, the whole deal. Plus I wanted I had snow tires on there that I forgot about, and we also

told him the next day we went in. I was like, well I have snow tires on there, and he's like, oh, they won't fit anyway, he lied about that, So well hold on, but hold on. So but what were you going to do? Put your regular tires on the trade? Yes, because I had my all seasons at home which I took into them, and I'm waiting for my snow tires, which they haven't contacted me, so they have my we can we can help with that.

We can help with Yeah, they're hor and plus I need to see you mean to take them off, and well, you know what, that's kind of on you, that part, you know what I mean, You know what I mean. You could have you should have been prepared for that. But I Heather, if you let us look at that, if you let me look at that right as soon as you can, we can talk to you today about it, because it's not too late to do something about this. I'm really happy you called now, as opposed to waiting a month because

then it gets more difficult. So so hold on, Kashina, have her email us that as soon as possible that I just need the purchase agreement now. If she has her financing, that's too. But I really want to see the purchase agreement and forward it to Mark as well, because that's going to tell the story on how they packed it and how bad it was, and maybe she even was charged on the financing for credit life and disability and

all of that. I hope not. I hope not. Let's find out right after this, go with a sure thing Denver's Best roofer excel roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free no obligation comparison call Compass Insurance. Pay too much your coverage at dozens of insurance companies find out now three oh three seven to seven to

one. Help. You'll think you're his only customer when you choose Frank durand the real estate man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino here, three oh three seven one three talk seven one three eight two five five. All right, so Tom, you want to talk about an issue with an insurance guy. What's going on? Tom com? I've owned a warehouse in Fort Collins for thirty years. The last well six years I was under lease with a

cannabis grow operation. We were fully insured with an insurance company that would ensure the cannabis grow. And now, what do you mean ensure the cannabis grow? You mean if what does that mean? They would ensure my building knowing that it was being used for cannabis growth. I got it, I got it, yep, okay, okay. So their lease was technically up December

thirty one of twenty two. I was back there in November of twenty two and didn't like what I saw and they were starting their demo for moving out. Why didn't you like it? Why didn't you like it? The tenant brought in a demo crew that didn't know what they were doing. They only demoed partial of the building. And what were they supposed wait wait, wait wait, what were they supposed to do? Return the building in as good or better condition than received? So did they move out voluntarily or were you

evicting them or not renewing? Oh? They they were They're planned on moving out at the end of their lease, which was December thirty one of twenty

two. Okay, when I got there in November, I planned on meeting the backflow inspector and we found that the back building the building was frozen solid, so the tenant wasn't maintaining the heat, and we had a bunch of damaged water fixtures, which so wait a minute, so they were not they were not growing so at the end, So when did this freeze happen before the end of their lease? And they chose not to make a claim on their insurance? Would be a which would be a covered peril. And I've

been an insurance adjuster for twenty seven years. So tom so, Tom, you had the landlord insurance on this right, right, Plus the tenant carried a building policy, got it? And this happened back in twenty twenty two. You discovered all this, yes, so keep going to make a long story short. They told me, I brought in the city. I had a list of least non compliance items that needed to be taken care before December thirty one. And I also brought in the city to do a walk through

to make sure that everything that was supposed to be permitted was permitted. And the manager of the inspectors was kind enough to show up. But bro this was back in twenty twenty two, so tell me what happened. Well, the tenants said that they could not meet the permit violations and the least non compliance, so they asked for an extension to March thirty one to comply.

And that's fine. So March thirty one of twenty three, I'm talking to mic Broker ahead of time about new insurance because it's not going to be a cannabis grow building anymore. Okay, but were you this was back? Okay, We're going to continue this, but can you answer me yes or no? Did they fix the building or not? Yes? Or no, no, okay, We're going to take you up right after the break. I'm Tom Martino plus other calls three oh three seven one to three Talk 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. Time for an insurance check up free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh

three seven seven one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two ris need You don't have come run anxious as can. Shooter's gonna help coming man. This is the Troubleshooter Show. He know Tom Martino. Hello Tom Martino here, Welcome to the show. Three O three seven one three Talk three oh three seven one three

eight five. What's going on in your life? We have Dan Mackenzie with us for Mackenzie Law. We're talking about estate planning and stuff, and we have some very interesting things to go over on structuring and uh you know what you do with stuff your left or how do you leave stuff the proper way.

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five four now eight six two five five five four. So Tom was talking before the break about something hands of commercial building and my god, did I have that disease one time? And he was renting to a cannabis grower and what happened was the cannabis grower was supposed to put the building back the way it was when he left when the least was up, but did a whole bunch of damage to the pipes and to the place and didn't do it properly. Is that a good summation, Tom? You were left with a mess?

Is that right? Tom? That's correct? And this leads into the issue now that takes us to spring of twenty twenty three, so keep going. As of December thirty one of twenty two, the tenant told me that they will not be able to comply with the permit violations and least no. I got it, and they asked for an extension, and that brought us to spring of twenty twenty three. Then what right? Right? So their

deadline was March thirty one, I got it. In the meantime, since I was switching from cannabis back to a non cannabis building, I was researching my building insurance. My long term broker for many many years would only give me one quote and I asked for multiple quotes, so I went to a

different broker. The different broker she wrote me up a policy with an inception of February first of twenty three, which was before the March thirty one last day that the tenant was to cure their defaults, and April one, I showed up and I found the mets. What is your question? My question is, in the fall of twenty three, I reached out to my broker and asked for a copy of my declarations page and the broker was not in town, and her assistant emailed it to me and I'm looking at it.

And then I replied back asking for a copy of my policy because we are going from cannabis to non cannabis. I don't know what that means, exactly why that matters, But okay, see got a new policy. Did you get a look at it? I didn't get the policy, but that got the declarations. And the reason that it matters is most companies have an exclusion for any cannabis operation. Oh see, I didn't know that. Now that that makes sense to me. I didn't know that, So keep going.

Then what happened? So this new broker who I just happened to find on the internet and Fort Collins, because I now live out of state, I reached out to her. She put together an application and all I received was a docusigned document, and I docusigned it, turned it back in, gave her my check, and the inception date was February one, but the tenant had until March thirty one. No, I get it. I'm getting all of it. I'm getting all of it. So what what are you calling

about? Now? Now? What is going on? Now? What's happening? Man? I understand all of this. So you got new insurance non cannabis. The tenant left you with a mess. Where do we stand now? What's the issue today? Tom? The broker filled out the application that the building was leased to a plumbing company for plumbing services and storage of equipment materials. Well, let me ask you this. Did she lie about it? Yes? Why? Well? I think she just wanted to sell the

policy and get her premium. And okay, so did you how much did you pay in premium? Well? The first year was forty some hundred and it went up like sixty percent this year. So why did you tell me you didn't have any insurance loss? Did you? No? I did not, But Mi, so what do you listen? So right now you have not been damaged by this, But what are you calling about? I still

can't figure out what you're calling about. Well, my newsbroker falsified the application, and my concern is looking back on my old policy or looking back on my current policy. Right, it says that I do have coverage. If a tenant moves out and I am making repairs to the building, it is not deemed as being vacant. So I've been making repairs on this building back and forth for a year now, and my concern is if I do have a loss, I probably won't have coverage. That's right, you won't,

You won't, that's exactly right. However, there is something called the contestability period in some insurance policies. I don't know if it covers casualty property damage. In other words, if they did not catch mistakes they have to ensure. We need to call again our insurance experts. So hold on, we're

going to get you an answer onto what now. Then the other question is this, if you wouldn't be insured and they weren't covering the risk, then you paid for nothing, which means you might have you might have an action to get your money back because you did not get coverage even though she said you had coverage. So there are a number of things to explore here, all right, so hang on, hang on this that what's happened to that?

She also renewed me this past February, knowing that the building was a second and it still lists a plumbing company in there, and I never leased it to a plumbing company. Well, did you know erroneously reporting a plumbing company? No. I did not cut that until I looked at my declarations closer, because I was worried. All right, let me ask you something. Who is this broker that you used? Where is the broker out of poor Colin? Well, did you ever let her know that you know?

She's a phony? I reached out to her after her assistant gave me the declarations, and I followed up with asking for a copy of my policy. Her reply back to me by email is I took my email one hour in the morning, one hour in the afternoon. Any questions you have needs to go through your insurance company, not our office. Yeah, but she's the one that filled out your policy, your dog on, right, she is? Well that Okay, hold on, hold on, We're going to get

compass on. I need to ask them some questions, Tom, I don't know the answer. I don't know if you're covered or not. This is going to be a good question. Three oh three seven one three talk three oh three seven one three eight two five five. If you want solar energy, probidenergy dot com one of the companies we fully believe in, and they have special financing and grants for commercial properties as well, and of course they

will answer all of your questions. They have battery backup systems with a complete solar system for around twenty grand fully installed net to you after credits. Probid energy 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, Hall 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. Hi Tom Martine, you're troubleshooter three all three seven one three talk three oh three seven one three eight two five five. Welcome to the show. Hey Tom, welcome. You know I uh want to ask, oh we didn't where's compass? I wanted to get

compass on. Hold on, Tom, I'm gonna go to Dean until we get compass on Kaschina, get me compass, please, Dean, what's going on with chiffy lube? Well? Uh, January eleventh, I go after work, get a little change. I'm headed to Nebraska and uh big when wait? When did you get it done? January eleventh? Got it? Keep going and I head out to Nebraska that evening and it's it was two

hundred and sixty miles that I drove. Get a motel, Wake up in the morning, go to start my truck, twenty twenty one gmc thirty five hundred diesel, and here at gurgling sound and all the oils pouring out of the oil filter. So why get a tow truck? Well, it's either loose or the tow ring. Was the service place that I had a toe to said the o ring was pinched. When they how many miles were on it? I have eighty one thousand miles, or had eighty one thousand miles

at that time. Okay, then with only two hundred only two hundred and fifty on the oil change. Oh so that happened two hundred and fifty miles later, got it road trip to Kansas. I actually went for about five hours later than when I got the oil change. Okay, and uh so I've been speaking with their general Well hold On, what did what did you? Didn't you left the part out? Was their engine damage? That's what I've been trying to find out. They keep Uh, they will be well

wait a minute, who you are trying to find that out from? Well, from Jiffy Loup. They're going to run compression tests and everything. No, no, no, you don't let that. Wait, bro, you don't let the people who perpetrated it run the jack. Yeah, that will be stupid. Well, where's your truck right now? Uh? Parked at the job it My truck's been running fine. Okay, listen, every when you when you went to hold On, when you went to Kansas and you

saw this major oil leaked? How much oil had drained out? It didn't drain till I turned the engine on and then it evacuated. It evacuated probably nine quarts. How much is Here's what I'm asking during your trip, you had no oil lights, no excessive heat. Is that right? That's correct? And then it evacuated after that the following morning. Okay, nine of how many quarts keen? So you had one quart? And but it did not leave your engine till the next morning? Correct? Then how could you

possibly have damage? You were lubricated, doesn't matter if it was messy. It was lubricated. Now after it drained out and you only had one court, did you drive it after that? No? Okay? Well what makes you think you have any damage? I don't believe I do. I'm just trying to get reimbursed the the toe and the service that I had to take it to the absolutely absolutely how much did that cost you? Two hundred dollars in a toe and two hundred and eighty dollars for the oil change and to

clean the hole. So the oil filter, oh ring or or gasket was was crimped? Yes, I still have it? Okay, Well man, this is this is easy. They owe you the money. Man, it's just crickets. When I when I leave messages, well, hold on, nobody does anything. Hold on? Where have you been talking to this jiffy loube? Where? Where in Falcon, Colorado. Is it individually owned? Yes, that's what I was told, individually owned, because I tried corporate when I was in Nebraska and they, okay, you had to call the

shop, so I had to wait till till that long. We're going to give this to somebody to work on. This is absolutely acidine that they would not. So how much you're looking for again, I'm sorry, let me write that down. It's four and they said, man, Jiffy Lubs said they were going to eat the original oil change. I mean, I don't know if they're going to do that or not, but yeah, because they did put the oil and do the work just shoddy. Albeit so for around

five hundred bucks. These guys are jerking you around, yep, crickets. Well, it's going to be a slam dunk in my opinion to get this money, whether it's through US or small claims court. But I'm going to tell you right now, I'm going to put somebody on it. Kachina. Let's put somebody on. Who do we want to put on it? Maybe Deputy Dollar, Let's do it, Deputy Dollar. That yeah, yeah, yeah, because I'm thinking, yeah, I'm thinking this is wrong. You're

gonna you need you need to be reimbursed, man. So I mean, I don't see how they can say noed these people. You know, if people just did the right thing. Goodness, it's not like you're exaggerating or something. All right, pictures, yeah, yeah, yeah, I mean look, if you were looking to put them together, you would have been it would have been way more than five hundred bucks. Plus you're inconvenience. These people should do it with a smile. For God's sakes, all right,

Now hold on because we're gonna go. Uh, we're gonna give this to somebody to work on. I have with me. Our attorney today is Dan McKenzie. He is an estate planning attorney, and we talked about creative ways to leave properties and stuff. So if someone forms an LLC and put stuff into an LLC, if I put if you put an LLC, let's say you have a business and you put the business in the LLC, that's

a pretty creative way to lead. Well, the business is already probably an entity, right, so can you bring on your airs as is it possible to bring on airs into that LLC that take on more power after your death without doing it as a trust in other words, can you write the LLC that way? Somebody wanted to know. Yes, Yeah, you've got your operator, you're inte and specifies what happens if one member passes away. So really, it is kind of I don't want to use the word trust,

but it is kind of like a trust. Oh. I compare them all the time. It's an entity unto itself, and to me it sounds almost like a cleaner. I'm not trying to say it should take the place, but it's a pretty clean way of doing something. Yeah, I mean the benefit of trust is you have a person in charge who's going to do stuff and make sure things happen and WELLLC you can have disagreements between members and be hard to resolve. Okay, But with a trust you have a trustee.

Is that what you're talking correct? And you're the trustee while you're alive and then it goes to someone else. But what's how do you pick a trustee? Though? It's got to be someone you truly trust. Yeah, that's a big job it is. Now. Now, do trustees get paid? We always say yes in our documents, but it's a reasonable compensation. So so can a trustee then be abusive? To the like, Okay, let's say you have a niece, a nephew, a son, a daughter,

a sibling, somebody to be your trustee. Yeah, what's to assure you that they're not going to want too much? They have to account to the beneficiaries. They have to tell them what they're taking, and if the beneficiaries think it's unreasonable, they can potentially take that matter to a court. Can they reappoint another trustee? Ends on what the trust document says, so there could be a way then to remove the trustee of the trustee becomes abusive.

Yes, but do you feel that's the only Really if you think about it, asking someone to be a trustee without being paid, it's kind of weird, even if it's a relative right. I mean they're yeah, they've got a right to be paid if they're doing all that work. Yeah, so, I mean it's part of the trust. Do they need an expertise to be a trustee or just trust? No, they don't. I mean most don't have any expertise. Can I designate a law firm as a trustee?

Yes? Do you recommend that or not? You know, we've got a number of professional seducaries that we recommend and one of them is a lawyer, but she's not doing that in her laws. Again, though, this is not the same as a public administrator. Right, no, right, because public administrations over the years have been have been terrible, and I mean,

in my opinion, they've been terrible for estates, terrible. If the siblings can't get along and they end up getting a professional administrator, you may as well say, well, we just pissed away a ton of money. Because to me, public administrators, I don't know if they have a fiduciary, but it seems to me like they don't because it seems to me like it's

always their interest first. But what is the technical technicality of a public administrator, which, by the way, is like your personal representative when you can't get anyone else to do it in your family because they're not getting along. So do public administrators have a fiduciary to the estate? Yes? Always? Yeah? Okay, Now, without naming names, without getting specific, you and I both know that that is an area in the law where there's a

lot of abuse. Sure, yeah, okay. Is that because the airs don't know enough to to fight it? Yeah? I mean, public administrators are usually getting appointed where there really isn't a clear option. I mean, somebody's passed away, there's not really any close family, and there's real estate

sitting there. You know, nothing's being done with it, and somebody's got to get appointed to do it. And Affrey County has a public administrator who's kind of on call to do those kinds of things, and so there's a little bit less I mean, I think the court's going to watch watch that pretty closely, more closely than they went in a normal estate. But yes, because the beneficiaries are little bit more detached in those situations than they usually

are. Three three seven one three talk Now, I'm going to come back. I'm sorry, Jeremy, I didn't rush. You were there so quickly. We're going to come back to Compass and ask, then, what do they think about this insurance situation, with this commercial operation, Tom could have been screwed. I want to ask their opinion right after this, go with a sure thing Denver's Best Roofer Excel Roofing dot com. You don't pay a cent until you're content, wait top of it. Time for an insurance check

up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies. Find out now three all three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Hey Tom Martino here three three seven one three talk three O three seven one three eight two five five.

All right, Now, Jeremy is with Compass Insurance Group, and we have a question. I want to lay this scenario up for you. Jeremy, Tom had a marijuana grow in one of his warehouses he was renting out, and he had to have special insurance for that. Have you heard of that, Jeremy, That regular insurance doesn't like doing that. Yeah, it's typically a high risk, all right. So now that his tenant was leaving, he's got to make a lot of repairs to bring it back to the way

it was supposed to be, you know, like after the grower. Right, And in the meantime, he wanted to get new insurance, and he explained to the broker, I'm no longer going to do you know, any marijuana, which is fine, okay. So therefore that's where they stand.

Right. Well, he now was curious about his insurance. So as for a declarations page, this is about a year after he bought that insurance, and the declaration shows that she's not The broker did not list it as vacant being worked on by him, which is I think acceptable, But it shows that it as being rented out to a plumbing contractor Is that right? So far? Tom correct? So he wants to know a couple things first and

foremost, if he has a loss, is he covered? Are they going to say she lied and by him acknowledging, I think, do you have to sign a dex page or something. I don't know if they're going to say this is not going to be covered? And has he been paying four thousand dollars for nothing? What are your thoughts on this? Man? Yeah, I mean it could potentially be a problem for him. Is there a contestability period that in casualty insurance like there is with life and health? It

doesn't work the same way, but there's a big difference between. You know, if he had emails to her saying exactly what it is that he's doing and the broker wrote it incorrectly, you know, there's a big difference between that in the first year and there isn't a tenth year, right, So if if it's something where he has proof that he can you know, show it's like, hey, no, I was very upfront and what I'm doing, there's probably going to be more of an issue for the broker by certainly

something he's going to want to get fixed. And you know, especially if that company he's with it doesn't do vacant homes or there's any issues with it. It's not a home, it's a warehouse, but you know what I mean, or warehouse. I'm sorry, warehouse you he could potentially have issues. So I think the best thing to do is, you know, fix it moving forward so that he doesn't take that risk. Okay, problem right now? The only fix come this year upon renewal. I reached out to

four or five different brokers for quotes. All of them told me the only thing they could write me up for is a high risk vacant building. And why it would be Why because because technically it is vacant. But the only caveat that I had in my back pocket was under my current policy, it states if a tenant vacates you still have coverage if you're making repairs to the building. Yeah, but she's not reporting that. She's reporting it as And

here's what I think they mean. I don't think they mean you get insurance while you're making repairs. What they mean is if you have a tenant and they move out, you can make repairs. I don't think they want to accept it from the get go as a vacant building where you're doing repairs. Isn't that right, Jeremy, Yeah, that's correct. I don't think you have coverage. Tom, Neither do I, And so Jeremy. If he wanted to get coverage right now on a building, how severely damaged is it

right now? Tom? Oh, it's ninety percent ready for sale, ready because I've spent a year back and forth from Saint Louis. Okay, then Tom, then it is a vacant building. That's correct. Except the policy that she wrote me. I'm not talking about that policy. It's useless. We're talking about getting a new policy. It would be for a vacant building. Jeremy, and that, Jeremy, that's not an issue. That's not

an issue getting a policy except for the cost. My question is for the first year and this renewal on February first, I believe they owe me that money back. Well, I kind of think they do too, Jeremy. If don't you think he could go to the insurance commission or something. I think he's been paying for something where he didn't have coverage. You certainly can try. I mean the problem is it's you know, if they come back and say, well, we would have covered it, and and I know

what is going to be. I'm not saying that's right. I'm just saying you don't know if they weren't going to cover it. So had he made a claim and it wasn't covered, how much? How much he's paying around four grand? How much do they want for the vacant building coverage? Tom it jumps over six thousand of pound renewal on February first. What is the what is the what is the building worth? About? How big is it one point twenty five it's going on the market for? And how big is

it? Five thousand square feet? So, Jeremy, does that sound six grand for a vacant building? Does that sound like a lot? No? I mean it is a lot, but not for the market right now. That's that's Okay, okay, if a broker, if a broker binds me under a vacant building, it's going to be between eight nine thousand. Oh oh oh, because you ought to get Compass Insurance group. You ought to

have Compass quote you on it, just for the hell of it. Well, and that's why I'm thrilled to be able to get in touch with you. I've been back there a month and I'm driving to Saint Louis right now and it's worth day all the time I've been on hold just to get your piece of advice, and I will certainly. Well, here's what I want you to do. I want you to call Jeremy at at Compass Insurance. These guys are great. I've known him for so many years. Just call

him for the hell of it. They represent twenty six companies. They'll let you know in a heartbeat. I mean, these guys are just legit. Three all three nine nine six nine thousand three all three nine nine six nine thousand Go with a sure thing Denver's best roofer Excel Roofing. You don't pay a cent until you're content. Time for an insurance checkup, free, no obligation in comparison, call Compass insurance paying too much your coverage at dozens of

insurance companies. Find out now three all three seven seven to one help You'll think you're his only customer when you choose Frank durand the real estate man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Hi Tom Martino here in three oh three seven one three talk three A three seven one three eight two five five. So we're talking about a state planning, estate plans and various ways to leave property, art,

businesses and things. We talked about the trust, which is a legal document that dictates what happens to your stuff even long after you die. Now, can you make a trust? This is a composite of a text question or two because they're like too long to read, but in essence they want to know, can you make a trust? As I've said before, I've said this before, I'm home, I'm right that not only controls what happens to your stuff through death and beyond the estate, but for the lives of your

errors in the trust? Can that happen or Dan? Does it have to be just for that one generation? For you? I mean, in other words, Can I leave things to my children in a trust and dictate how they use those assets their lives for their lives or does that trust have to expire after a certain time. It does have to expire after a certain time. It does pretty long amount of time, like how much son, No,

there's a there's a statute. This is a crazy lesson in law school called the rule against perpetuities that prevents trust from being going on forever, and lawyers figured out creative ways around that, like now colrade as a statute. It's got to end like in a thousand years, and it's got a very long time. So you can literally have some assets and a small fortune or a big fortune whatever. Yeah, and control how it's doled out for the

entire life of your children. Yep. And even beyond that, yes, do people often do that or just until the kids maybe get to a sane age. Yeah. In my experience, most people seem to think after about forty kids should be done with trust. There are reasons that they're wrong about that. I could go into But now, does a trust then if it's a revocable trust when you're alive, is it still a revocable trust when you

die and they take over. Now it becomes irrevocable. Yeah, because if they could just revoke it, we wouldn't do this right, Okay, So when it becomes irrevocable, then you get to say when it ends you do correct. Can all the people get together and decide when it ends they can petition the court? Yes? Yeah, or there could be provisions and trust insign here's some as says, now, this is very interesting. We have more coming up on this, and your calls at three o three seven one

three talk or three oh three Martino. Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're contenth time for an insurance checkup free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh

three, seven to seven to one help. You'll think you're his only customer when 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 news need ad You don't have come running just as fast as we can. Shoot's gonna help come Man Dix 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 is the studio number, and the Troubleshooter number twenty four to seven is three oh three Martino three oh three six two seven eight four six six. What does that mean? That means you can call that number and if we're not there, you leave a message and we will get back to and get you on the show. SEVI have a problem, question, you complaint? Call us a lot of interesting topics today.

We have Dan mackenzie with us from coplans dot co, which is this website for estate planning also eight three three coo plans, and we were talking about a number of things. When it comes to leaving your stuff behind for airs, you can do a trust, and you can do an LLC, and that LLC can survive death with an operating agreement. That can pretty much spell out some certain things. Now let's talk about trust. Why would someone do

an ear revocable trust. Why would they have a trust that can't be changed? I just don't understand that. Yeah, the concept usually they are trying to get some assets out of their estate for estate tax purposes, or they are trying to get some asset protection and trying to get assets out of their name so that if they get sued or get a creditor, so they normally a target or something, or do they anticipate being a target them? Yeah,

that can happen. Yes, So does that irrevocable trust truly become there? Irrevocable? I mean they don't have control over it. There's a lot of things you can do to slip in ways to give them some protection or some ability to keep keep the amending things. But the more flexibility you give yourself, the easier it is for your creditors to pierce it. Now, if you have an irrevocable trust, can it be used to shit to shelter

you from liability. It's possible. It's got to be set up in a state that has a statue that allows at and Colorado is not one of those states. So there are states where they will let you do a self settled trust, a trust for your benefit with your own funds, and also still qualify as asset protection. What does this? What does that mean? Self settlement trust you're creating the trust, you're putting your assets into it, you're

potentially benefiting from that trust. And yet they're going to say it's protected from creditors and so state, they don't do that here. Okay, and it's a you know, so are you seeing an irrevocable trust here? It does not protect you, not for asset protection. No, no, no. If you're putting your own assets in there and you're creating it, like, no, you gotta go to a state that has a statue. Wait a minute, Then am I allowed to go to another state if I live here?

Sure? Wait a minute. So you must have people then that come in and say, Dan, I want to protect my assets in an irrevocable trust. And then you say, we have to do it in another state. And that's totally legal. Yeah. And when they go to another state, they don't have to be a resident, they don't have to establish residency or anything. No. I mean the each state has its own requirements for what needs to be done. You probably have to have a professional trustee in

that state. So state's like Nevada and Wyoming in South Dakota have entire industries now set up. Okay, trust, if you go to those states, Yeah, and set up an irrevocable trust. It cannot be touched by creditors. A lawyer is never going to anything that definite. It's it depends on when you set it up, when the creditor came. There's rules, so it's not ways for seven years. I know their look backs. But let's say right now, I set up an irrevocable trust in another state where they

allow credit protection, credit or protection. Yeah, and I don't have any problems in my past and something comes up. Now, that's a strong case, right, But people ask me, can I be sued if it's like

the answer is yes. And then the problem with these domestic trusts and why people continue to go off short to places like the Cook Islands or whatever else, is because we have the full faith and credit class the United States Constitution saying that each state is supposed to give full faith and credit to other state's judgments. Right, So there's still not entirely settled as to whether these trusts really work in every circumstance, it's stronger to go offshore, but then you

got even more hassle. Now we're talking about protecting someone someone's assets from creditors. But can they still use the assets put in irrevocable trust. Obviously there's restrictions, right, So you have to have this other trustee because they have to have instructions about when they're providing these assets. Right, So you can't just go in there and grab them and say, you know what, I don't I need the money, so I'm taking it. No. No,

I'm saying using it like a big home. Can you continue to use that home in irrevocable trust? Yeah, yeah, there's place to do that. Yep. What about the really wealthy that have a yacht, I know, Yeah, you can put that in irrevocable trust and then you can still pretend you own it, do everything you want on it. You can still use it. Yeah. Do you have to pay for the use? That probably is part of the price, Yeah, to make it look like, yeah,

I don't really own this thing anymore. Now I'm borrowing it from my trust and I'm paying rent like I would to any other person who owns this asset, and then that goes to the assets of the trust. Correct. Okay, but you're saying if that's done in another state, it's still possible that that other state can let it go for creditors if you belong in a state where they don't allow it. Correct. I mean there's I mean there's

Supreme court cases now where people are challenging these things. Right. So yeah, yes, Now when they go offshore, isn't that risky If let's say just take the yacht example. Yeah, they put a yacht in irrevocable trust, they get sued or they want they or whatever somebody wants something? Can what what is so powerful about that offshore trust? So again, places, certain places, the Cook Islands has been very popular lately have statutes saying we

do not honor the judgments of other jurisdictions. We are not taking judgments from the United States. Can they order you if you were that you can't be the trustee of an offshore trust? Can right? Not? Right? Yeah, because if you were a trusrustee could in your own state order you to release the property? Correct? So on purpose, it's another trustee in another country that you don't control, right, But you're giving them the instructions.

So you know you've drive, you know you've been partner. But what's to keep somebody from Cook Islands? What's to keep fraud from going how do you protect yourself if it's not the full faith and credit of the US. If you have an offshore trustee who lives in the Cook Islands and who cares if they're an attorney there, it's the Cook Islands, it's not the US. I mean what I'm saying, I'm not trying to insinuate that they're not ethical,

but how how truly do you protect yourself? Are these trusts? What's to keep a government saying we're no longer going to protect you or or you know, in other words, you can't help but believe if a one hundred million dollar yacht is sitting somewhere, that that trustee couldn't be tempted to use it or whatever. Yeah, I mean you definitely want. Yeah, you need a jurisdiction where it's like, you trust it, it's stable, the laws seemed well drafted, and and that's where a lot of Americans go,

as the Cook Islands. That has been a very popular place lately. You know, it used to be Switzerland, of course, you know Switzerland now I think has been I'm ashamed, no, no, but so some governments are almost forced by pressure into cooperating with the US. I mean I feel like, I mean care, Yeah, they yes, they care, yeah they yeah, they do care. They do not care? Right, yeah? Okay, So what kind of what are the Cook Islands? Are they

normal free society? It's like a very very small little chain of islands, and they made it a whole industry. They would you say, there are a ton of trust there, You're welcome. I'm sure there are. Yes. Interesting, is it illegal for you US attorney to set up someone out there? Oh? No, it's illegal if we are trying to evade creditors, right, I mean you really But if you have no danger in your horizon or in the past and you do it, that's fine. Correct,

You're free to do it. Yes, my predecessor on the show, that's what he does, Blake Harris, Right, Yesla Harris, Yeah, that's what he does now, Cook Islands. Now, following that vein, what if though you had a depreciable property for your business and you put it there, you can't continue to take the benefit of depreciation and all that on something that you no longer own. Right? That seems unlikely to me? Right?

So yeah, probably not. I'm not a tax No, you're doing and you're doing a logical thought that if it's not yours anymore, then you don't get to depreciate it. Yeah, it's really going to be treated like it's not yours. If it is yours and it was in your business, like the yacht, and it's fully depreciated and you sell it for a dime, you got a dime of gain. Now you're not a tax guy. But theoretically when you put it into the trust, does it have to be

assigned a value? Yeah? I mean you're usually gifting assets over or selling them to the trust for fair market value of some sort. So yes, there usually is some sort of appraisal process. So I'm curious if you had a fully depressiable asset if you gifted it to the irrevocable trust in the Cook Islands, if there would be a taxable event on you because you had fully taken its depreciation. That is a very complicated question. Yeah, and you

work, I imagine with tax attorneys and accounts on that. Yeah. When you're doing these kinds of trusts, the financial advisor, the accountant, like it's a team effort here. You're not just you know, with a vocal trust of course, can change it. So if you do make a mistake. Usually it's quite fixable. You're very now that all of this is very fascinating to me. Of course, I don't have that wealth where I would have to worry about Cook Island trusts or stuff like that. I mean,

I can you were people. Do you think the very very very very very wealthy the multi multi billionaires routinely have trust or not. They definitely do. And the amount of wealth you need to make these worthwhiles less than you think. Okay, because it's really they're truly wealthy. You probably have more protection they don't, you know, like if Bill Gates probably gets sued a thousand times a year, if he loses all them, they probably would not have

any impact on his life. I see what you're saying. So it's really those in between people. Yeah, the people, I mean, two million bucks can make it kind of interesting to a potential plans. Okay, I see what you're saying. Bobby, you have a question. What is it? Bobby? Thank Tom, longtime listener, Thank you, Bobby. What's happening? I just had a quick question. I was Unfortunately, I'm going to file for divorce and I am also going to look for a house at

the same time. I've been looking for him, but my wife has like she's not even part of it. You know what I mean, be on the lease or I mean as the market. I'm going at a holl on my own. Yeah. Should I purchase the house? Uh? After? Should I get your word? Oh? That is such a good question. Hang on, we'll come right back to you because I'm running late and I want to I want to take the time to answer that. It's good that you called before it happened. Three O 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. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven seven to one. Help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh

three nine two zero sixteen twenty two. Hey Tom Martino here, three oh three seven to one three talk seven one three eight two five five Denverregen dot com has the Semiglue tide in a compounded form. You can get right away two hundred and fifty bucks a month. Compare that to fourteen hundred bucks a

month for brand names if you can even get it Denverregen dot com. All right, So Bobby, you have called at the right time, and that is of course before it's a problem and you want to know you're you're filing for divorce. Now here's the thing. When you say filing for a divorce, when will you be doing this? And does she know it? Yes, she does. We're both in agreement. Yeah, so she does. Okay, do you guys own a home right now? We do not,

And that's the second question. We are leasing, and we've been leasing for at least three or four years at this rental unit. And also I listened to you a lot, and you know, the first few years we had a written assigned contract, and then after that it was just because our landlord is out of state, so I was just making payments through Venmo to her. So you no longer have a lease, is what you're saying. Well, yeah, from what you said, And then doesn't it turn into just

thirty days since after you know what I mean, you don't. It depends on the original If the original listen, if the original lease required sixty days notice, then the new month to month would require sixty days notice. Everything in the previous lease would be enforced in the month to month. So but then they could say, well, now you have a new month to month and change that. But if they did not do that, most of the terms and conditions carry over. So do you have a thirty day notice on

the previous one? I would have to look at our concert, my leaf, whatever it is, is what you have. So if you have so, so just but here's the deal. Always check with an attorney on a legal document, because I don't have privy to that and I'm not an attorney. So, but look at your your lease. Now, once you get out of that. If you let your wife assume it and stay there but you're still on it, you're hooked. Even if the courts say she gets

the apartment. The courts can say one thing, but divorce decrees do not have to be honored by creditors. Do you understand that if they split up a credit card in the courts, that doesn't mean the credit card company can't still come after you. They can. A lot of people make the mistake of thinking that a court order from divorce iners upon the creditors. It does not. Okay, now that's first thing. Second thing, if you're gonna buy a house, you can't do it until the divorce is final, because

otherwise it's going to be marital property. Now, okay, good. When you file for divorce, there's an automatic stay on finances, meaning that everything freezes and you really can't make major purchases, or if you do, they're subject to being part of the divorce. So I mean I would not do it until it's final. Ah, So that's great, great advice, like

I said. Now, of course, like I said, if you're if you know, you want to go with an attorney, if you're gonna do this, right, are you guys trying to do this divorce on your own? Oh yeah, it's gonna be probably to mediation. I mean we have Okay, that's good, hold on, that's good. Get an attorney mediator. Okay, an attorney media can mediate and if you both don't have attorneys, that's fine. They one attorney can mediate and then in addition to mediating,

they can write it up. Okay. Okay, So that's a good thing and it will save you a ton of money. Okay, So I love I love that you're doing it. In fact, I have a recommendation for you. His name is Lawrence King. Okay. Now, he's a great guy. He's an attorney mediator and it's called divorce resolutions. Okay, now let me tell you something. Divorce. Yeah, divorce resolutions. He's not on my referral list. But the guy's a great guy and he's we

don't really have people that do mediation. Well we kind of do and kind of don't. They They mainly do. They mainly do divorces. But anyway, Larry, that's all Larry does. That's all he does. So here's what it is. It's three oh three six five zero seventeen fifty. Now, if one of you get an attorney, it can be really weird. So if you either both get an attorney or both don't have an attorney, is fine. But so that's what you really want to do is file there,

save yourself some money. Okay, call today. I mean that's one thing you taught me, like, don't do nothing, don't unless you know what I mean. Calls it first, yeah, yeah, call. In fact, it's yeah, you want to do that. Now, He's not going to talk to you alone, So when you call, you just say, look, I'm calling for both of us, and you know because he won't talk talk about your case with you alone ever, so you don't ask him, for example, should I wait to buy my house? He cannot

give you advice on that. He can only help you with stuff you guys already have and want to dispose of when you eyes are together. That's what mediation is, Okay. Otherwise you create a conflict of interest and it spoils the whole relationship. Okay, okay, sure thing, And I wish you well. I hope everything goes well. Sorry, this is happening, I guess, but sometimes it's inevitable. Three oh three seven one three eight two five five. Now what's your question for mackenzie, For Dan McKenzie, Steve,

what do you have? So my father left my brother and I a condo and a trust that goes on forever and never and never. My brother go with a sure thing Denver's Best roofer Excel roofing dot com. You don't pay a cent until you're content. Time for an insurance checkup free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies

find out now three all three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Hi Tom Marks, you know you're three oh three seven one three talk three oh three seven one three eight two five five. Let's talk. What's going on in your life? Janice? What's happening with your employment? What's

going on? Janis? I'm a gig worker. I drive for a company and I'm contracted through them. And Friday I went to clock in and I received the text saying that I needed to check my inbox. So I did and it was a termination email immediately affected immediately and that I've been dealing from who from the from go puff? What is that? It's a delivery service. We deliver anything, Okay, order within Oh really so they deliver any They basically deliver anything. Yeah, pretty much. At my facility I work

at, we don't do alcohol, but we do tobacco. And vade to the morning after pill and everything in between. Wow, So so okay, So anyway, you just simply got noticed one day you're no longer with us, right, and they they gave a reason. What is it? Theft? Theft area they're accusing you of stealing and multiple occasions I have engaged in this activity, they say, And what do they give specifics? No, and they won't give me any information. And everything's done through email, they

have no phone contact. But yet they give me the right to appeal and dispute it in one hundred and sixty eight hours to do that. But yet I don't know what I'm disputing my or defending myself against. That's so weird, like like you have no idea, like could it be? Like how does it work? Like uber or lyft? I don't really know because I don't know those those situations. This is what happens is I'm congress, Well, what do you mean how do you get your gigs? Tell me how

it works. I'm employed by this company called go Pop who I'm contracted with GP Logics LLC. And that's who my contracts with. But my dealings are all done with go Drive. That's the app and everything is done through the app. And I go to the warehouse where I normally work. You can work on ten ninety nine, so I can work three two other warehouses. I work just one in Westminster. And you go there, you clock in and then you wait, wait, do you have to go physically to a

location to clock in? No, you through the app, but you have to be so close to it to clock in? Well, so close to what? What do you mean so close to the facility? Oh? Really? So so what why why do you have to be close to this facility? That's not where you pick up your stuff, is it? Yeah? Oh, so you to make deliveries just for one supplier, for a one warehouse. Yeah, that's what I mean. And at this warehouse they have all of the products they deliver. It's like being for an Amazon place.

I mean it's one warehouse. Yeah yeah, okay, God refer to it. Yeah yeah. And so I you clocked in and then you're receiving an offer via text to the app, and you accept it or you don't accept it. You accept that. You go in, you scan the order, which is usually bagged because we pulled another product. It's all pulled for us and bagged and everything's ready to go. My job is I tick it up and I deliver and that's okay. And then one day they said you're gone,

so are they? Well, Janice, have you ever stolen anything when you were at the warehouse? No? And I've never stolen anything from a package in my vehicle from the warehouse, and I've returned everything that's been canceled. Well that's your defense. Then you'd simply say you have never ever taken

anything at all. I have said that and everything, and then they tell me that, and I would like I asked them about an investigation, because well to appeal, right, you asked them to appeal and what did they say, right? And they said they don't. Let mean, I took notes because it's all in emails. Sure it says a material reach in the Greek that they don't discuss internal investigations are termination or post termination things. But yet we're going to appeal it. But then they give me the right to

appeal it. I'm so confused. I'm so in shock. I don't blame you, but man, I mean, it would have been better for them just to say we don't want you anymore, or where you don't measure up or something. In other words, why did they go ahead and give you a reason like that? That's crazy. Yeah. And here's another thing, Tom, I've worked there four years, over twelve thousand deliveries under my belt.

Oh, I've never even heard of this place. So by the name of it Go Puff, I can assume they only deal with marijuana and vaping and all of that stuff. No, no, no, no, we don't do any marijuana. They do well, I don't mean marijuana itself, but the paraphernalia I don't know. Well, do you sell vape pens? Do you sell vape Do you sell those? Okay? And then you sell all of the vape juices? Yeah, I believe, so we sell what they Yeah, and you sell. It's like a huge truck stop. Do

you want? You can get there? But when you go to that is there any Are there any people at the warehouse you can talk to? Yes? And no. Because they are employees of Go Puff. They're totally different than what we are there, cause Go Puff and go Drive are two different things because we're independent, of course, but not all of us are independent drivers. But they can't tell us anything. And there's a manager, but they manage at least two other facilities, so they're never there and there's no

ship leading there. Where is go drive located? It's an app, It's in Philadelphia? And is that where your email's coming from? The go drive people? Go Puff support or go Drive? Yeah, well, which one is it? It's let's see, I don't know. I should check then, all right, listen, I got to take a break. Janis. I don't want to cut you loose, unless I mean I would like to try to find out. Yeah, well, hold on, real quick question. Are there any phone numbers for these people? Nor? Thanks? All

right, hang on, hang on, and Kaschina Kachina. I want to get her back on tomorrow where we can ask people if they've had similar experiences, because we're getting toward the end of the show and I want to take Frank right after this. 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 three seven to seven to one help. You'll think you're his only customer when you choose Frank durand the real estate man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino, your troubleshooter three zero three, seven to one to three talk

Frank, go ahead, what's going on? Frank? Tom? I know you address this before, but I'm want to ring it up again because I got a letter from Excel Energy Big so did I, So did I. They're offering these home warranties again. Exactly, they suck. What do you can you believe that? Though I mean I believed they want to make money, I can believe it. There's nothing wrong with those. But here's the bottom line. They will not tell you what is covered or not covered until

you have a claim. Look, it's the same with every single every single appliance or home warranty is the same. They suck because and again you can call back and we can get you on tomorrow. But they make you pay based on what you have in the house, but don't tell you if it's covered or not because you have to wait for it to break down for them to evaluate it. To see if it was pre existing. By the way,

Dan mackenzie Mackenzie Law COO plans dot CO. Don't forget three O three Martino Call twenty four to seven