The Troubleshooter 6-10-25 PPM

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The Troubleshooter Show. No Tom Martinez.

Hello, what's going on in your life? Let's talk about it every day, aches and pains, the things that make you tick, the things that tick you off. You know, even though we do have a discussions having to do with the day's news, a politics, it's only as it as it applies to us in our pocketbook and our life. This show truly can't be defined as just one topic, obviously, but it's all about helping people, and not just helping,

So?

I uh was in there adm minutes of the hospital for a broken bone and was it in the waiting room. Took some pictures of my ankle, which clearly you can see it's not bleeding, the bone's not sticking out. The X ray tech took an X ray within a mobile device and said, yeah, you have a broken heel. We need more X rays. So I'm like, okay, great. My mother and sister were there as a businesses in the waiting room. I called them it.

Was mother's day.

I was supposed to have U with that and or lunch.

Sorry.

So they showed up to the hospital, waited in.

The waiting room with me, and they called me back.

To do more x rays.

We don't even go in the x ray room.

My mother and sister are with me, and yes, ra Texta grabbed my ankle and starts twisting it, and I say, you know, hey, that hurts like my ankle is broken.

That doesn't feel good. And instead of need to.

Rotate my leg, he says, well, we need to get this shot and continues twisting, and then there's a loud pop and he says oops, and we look down and my bone.

Sticking out of my skin, and then leaning, oh my god, wait a minute, Wait a minute, wait a minute. So he he is the one that manipulated your leg and caused the bone to pop out. Yes, so now now, but the bone was already broken, right, I mean, obviously the bone was already broken.

Bone is broken.

He could have literally asked me just to turn my foot to the outside to get the same angle that he was looking for instead of grabbing it.

Wow.

Okay, So so what happened after after the bone pops out of the skin. Holy crap, Other than being shocked, what did you do? Did you faint or something? What happened?

I said, al and then I looked down and my foot is bleeding all over the table. I grabbed my phone and took a picture immediately because I was like, I'm going to document this. My mother and sister witnesses as well. They continue taking their X rays, and then in the notes they put that I came in with a compound fracture, saying that it was already popping.

Out of the skin.

So time goes, I have to have an unnecessary surgery to deal with the unnecessary pain and suffering obviously, as well as all the unnecessary drugs, antibiotics, all of that fun stuff that I shouldn't have had to deal with because of their negligence.

Right now, now, now, hold on, though, Now you're you're making you're making some giant leaps. Okay, you're saying that it's it's it is possible that you did come in with a compound. I mean, it wasn't through the skin yet, but it could have been a compound fracture just under the skin. You're assuming that they caused the damages. I mean, you did come in with with with some damage, right, we can agree to that.

The bone is broken. Compound fracture means that it's perforated through the skin. So it was not for Fred, that's right when I came in.

No, no, I understand what you're saying. But what I'm saying is the conditions for the compounding fracture were all there and his manipulation caused it to pop through the skin. Look at I get what you're saying. And you went through you did, you went through some other pain that you possibly wouldn't have gone through. So what I need you to do, Dustin, because this is this is a very complicated case, but with malpractice, because that's what you're

Twisting my foot. If you're laying there and your feet are pointing to the ceiling, you can twist your body so you're let your foot would be pointing to the outside. If he did not grab it, right, be on the point when I was telling him it hurts, that would have never happened.

Ever, even if he did a break. No, I get it. Now, did the break though the break was already there?

Right?

Or are you saying that it wasn't broken and he broke it.

The break was there, the bone sticking out of the skin was not, and it would not have happened with him.

I get it.

Twisting now, I get that.

Okay, So what are your damages. How long did that visit last? In that emergency room?

I had to stay overnight and then have surgery, and then was in the hospital for several days after that because they had to give me.

What are you saying that was? But Dustin, I'm trying to differentiate. This is clear for everyone listening. I'm malpracticed. Let's just get it right out there. You have to show that part of it was due to what they did and that contributed to it or caused it. If you have pain and suffering with a compound fracture, that's not necessarily malpractice. You were going to have pain and suffering no matter what. What increased pain and suffering did

Do you think if you had a broken bone and someone twisted it and causes the bone to terity your skin, that it's not going to cause more pain?

I think I know it, called Dustin, I don't doubt it causes more pain, and but that more pain could have been inevitable that you were going to have more pain when they set the leg. Anyway, I'm not arguing with you. I'm trying to find out which part of this is malpractice. You're going to have pain when you have a fracture of your leg and they're trying to set your leg. I want to know what was negligent. That the bone tearing through the skin was terrible, But

They turned around and charged him for the damage that they did.

The additional damage. Yeah, well that's a different issue. I think we need to get I think we need to get an attorney that market deals with stuff like this. Let's get Marco Dustin't I'm not good at talking about malpractice because it's sometimes I think there's nothing there and sometimes there is. And I'm not a really good arbiter

I can't believe the guy made that big of a mistake on his foot. But I don't see any like life changing events happening here. I don't think an attorney's going to touch it simply because there's no money in it. It really does so I wish he ended up paying for their mistake. But unfortunately, there's not much to do here. An attorney wouldn't make anything on this.

No, and that's where the problem is that I wish there was a level of malpractice because healthcare providers many times will do a lot of things. I'm not talking about tiny things. Listen, we got to give people grace. But and I'm not talking about the really major things

Hey, Tom?

Thanks for having me on the show last month. On the week prior to the May twenty fourth, I solicited bids from five concrete contractors to have some flatwork done at our house and I wanted to appoint with the company. I wound up going with the company.

They were not low bid.

He seemed the most knowledgeable and communicative at the time, so we went with him. Day one he came in, and it might be worth noting that all these companies required fifty percent up front.

And okay, which kind of was not it? Maybe afortable?

Hey, Bob, I wouldn't have given I wouldn't have given fifty percent up front unless it was when they started. But that's neither here nor there. What kind of concrete work you didn't say, what kind of concrete work were you having done?

I was basically demoing an existing sidewalk on our front yard and then building a footer with a stem wall, and then three separate concrete paths or areas with concrete at about a thousand square feet of concrete in total. They did start that day. There was three of them on the crew with the owner. They started working and again doing the basic dirt prep. He worked for about almost a week and a half on the project. He

When he needed the jump.

All right, I mean he gave a bad first He becave a bad first impression for sure. But let's get to the meat. What happened.

Well, ultimately we had some disagreements on the workscope. There was a one week completion date which which kind of came and went. Then there was some work that was being the work he was being done. He was covering up some things that needed to be addressed, and ultimately my wife and I wound up taking care of it ourselves.

He just covered it.

Give me an example of again, you got to give me an example of what you're talking about. Some work that he covered up. What are you talking about?

There was a large cottonwood tree we had cut down a couple of years prior, and there was an extensive root system underneath that existing sidewalk.

We didn't know how long until.

The concrete was removed. And any concrete company is going to tell you there cannot be any organic material left underneath, any kind of new flower, it's.

Going to be done.

So that had to be removed, and he kind of sort of steered away from the conversation about that. He went ahead and moved forward, compacted all the dirt right over the top of these.

Well, Bob, when you knew, Bob, if you knew there were roots under this, I'm trying to get a feeling here. Did you just basically let him do what he was doing, or did you say, wait a minute, this root system has to be removed.

I told him that, yes, there's very good. Well you could even tell that there was a roostersys from underneath here, because well.

Did the contract, did the contract address it? Did the contract say we'll remove or what did it? Why did you let him proceed if you knew it had to be removed.

I was at work and we had the discussion that as soon as he demos the sidewalk, he needs we need to assess the situation, look at the roots and see if if it's if they need.

To be removed or not.

That in one day, he removed the sidewalk and then spread the dirt out, packed it and called it good.

All right, Okay, we're.

Gonna all right, Bob.

And so so basically he didn't think it needed to be removed, is what you're.

Saying, right, And I've had other country companies come out and assess it since he's left. But what and they all agree that that the roots needed to come out.

That would have been extra cost to you or was that in the contract?

It was partially in the contract, but our agreement was that that whatever was in there, I would I would make sure that I took care of removing the root systems. But he didn't allow me the time to do that, and he went ahead and moved forward, basically covered up a potentially bad situation because what would happen is if foot dissolved in the ground can collapse the sidewalk.

No, I understand it leads the void, but that that is only for really big root systems. So what ended up happening? Are you getting are you getting failed? Well? This was done when when you said May, right in May? So what's happening now? What does the what does the job look like now?

It looked well, basically on May thirty first, Saturday, May thirty first, he came out to work. We tried to discuss that and some other situations with the payments and everything and the timeframe.

Uh, we had gone way over schedule.

I had to rent the jumping jack compactor for him because he said.

He didn't know. Okay, so, but but you're still not telling me. You're telling me a bad experience. But you're telling me a bunch of little things. Did that add up to failure of the job?

Yes, failure of the job. We paid him half, which is which was six thousand dollars up front. He's only about fifteen hundred dollars worth of work, and he abandoned the job, and he.

Is, okay, now we're getting Now, we're getting somewhere. Why did he abandon the job?

Because he didn't want to discuss the issues that we had concerns about, and he got very upset, very irate, and he said, well, we're just going to have to reschedule, you know, And so tentatively he said that they would reschedule for June twenty fourth.

So you you paid him, you paid him upfront, and you got only partial work. Who told you you only had fifteen hundred dollars worth of work.

Two other concrete companies that came out to assess the work that they had done, and they quoted that about fifteen hundred, maybe two thousand dollars out of the six thousand.

Okay, hold on, hold on, if he poured any kind of on creey at all, it's going to be more than that. But I think what maybe you're saying is he did the job, but you did not get any value out of it because it has to be redone. Is that what you're saying.

No, there was no there was no final prep work done, there was no forms built.

I'm asking you. I'm going to ask this question again. Are you saying that the work that was done is so poor that it has to be redone?

No, yes, it has to be partially redone. And it's incomplete.

Okay, gotcha, I got you. Okay, No, no, I got you. It's incomplete and part of it has to be redone. Hold on to that. I'm Tom Martino Moore right after this, Tom Martino, your troubleshooter. By the way, Dan McKenzie is with us too, and Dan McKenzie is McKenzie law State law, and I do have some text for him. Bob wants the way in on that issue. Uh on, that issue with the contractor. Bob, go ahead, what did you Bob is with l em Landscaping on a referral list? And

Yeah?

Okay, Tom?

Here, yeah, thank you put it up.

Here's what I want to Here's what I want to tell people. You and I have this conversation throughout the year. Several times he got exactly what he paid for, even though he didn't get it. Twelve dollars a square flip based on his measurement is the kind of work you're gonna get. Okay, you asked him about stuff in the contract. In our contract, every single thing is wrote down Tree Works. We tell him we will take him out as long as it's not a main lift. That will affect something,

His job right, Bob. Consumers don't always know what they should get. So so you know when you said he didn't do his job. A lot of consumers rely on the expertise and trust of the contract. I mean, they don't always know and they should by the way, I do believe. One of the things I've always said about being a consumer is doing research for the project at hand to find out at least a little something about it.

We have not.

I have reached out to him, and I do have Dustin's contact information, so okay, so let's try to get it back on later we can get a hold of them. Correct. Okay, thank you very much. Now, Bob, as far as this goes, I'm going to assign this to someone who do we have in the studio today with with Mark we have Scholler and Deputy Chopper deputy chopper. What about taking a stab at this contractor and seeing if he thinks there's

Yes? Can you hear me?

What's going on? Yes? I can? What's going on with your auto insurance?

So on February twentieth, I was at McDonald's and I was waiting to go through the drive up and I inadvertently rolled forward and bunched the guy in front of me. He got really really upset. We pulled off to the side and I realized that my insurance had lapsed at midnight that night. I was a little bit behind on my insurance due to financial constraints, and uh huh. We ended up calling the police, and they did a police report.

And wait, wait, wait wait, this was on private property on McDonald's and they still did a police report. Yes, okay, go ahead, keep going. So your auto insurance labs. Did you get a ticket for that?

I did? I did get it, okay for that? So then I took a lot of pictures. I had a witness look at the other vehicle. There. There was no damage to that vehicle. And now I am basically they sent me to collections for one thousand and fifty two dollars. They're saying it I did.

Okay, that's easy. That that that Andrea, Andrea, I'm going to tell you something, A bump, okay, or a tap on a bumper will never be less in one thousand dollars. You're getting off very cheap. Now, how fast were you going about two miles an hour?

I wasn't even going two miles an hour. I just rolled forward.

And when you hit his bumper, where did it hit the bumper in the center or on the left or right?

Well, it never even hit his bumper. I rolled into his receiver hitch, which hit my life.

Oh oh, so wait a minute, So you didn't even get to the car. You just hit the receiver.

Right, and I have a perfect indentation of his receiver hit.

I get you. He then what is he having done for a thousand What is he having done for one thousand bucks? What did he say was damage?

Herein lies the problem. His insurance company refuses to provide me with the repair bill and proof that the repairs.

What.

Yeah, they we absolutely refuse. I've asked over the phone, I've written them a letter. I've sent them registered certified mail letters. Now it's come down to they're going to that's weird my license and the only way, well.

They don't have the They don't have the power to suspend your license. The problem is this, the fact that you did not have insurance is the problem. But that party can't suspend your license. What they're going for is what's called reimbursement. And then if the court orders reimbursement and you don't pay it, then your license can be suspended. But they don't just go straight to suspending your license. So has the court ordered you to make reimbursement?

There hasn't been anything as far as court is related. But I have a letter from the Colorado Department of Revenue saying that I have to I had to get SR twenty two insurance, which I added to right my insurance if I had insurance within eight hours.

No, I get it.

And the state is requiring an SR twenty two that's very common.

Right, And they're requiring me to fill out a promisory note for to pay off the damages. But nobody.

Ripped you.

You don't have to shoot?

Is gonna help?

Come Dix's The Troubleshooter Show toel Martine.

Martino, Welcome to the show today. I'm Dan McKenzie with me from McKenzie Law. Of course, phone calls tape priority. We'll get to your phone calls. But Dan, I have a text that's very interesting and it asks here's what it says. They are positive there was a will involved, Dan McKenzie. McKenzie Law does a state planning and stuff like that. They were positive there's a will. The dad

Yeah, Unfortunately, the court presumes if you're not able to produce it's the original will, not just a copy the original, that the reason you can't do it is because it was destroyed. So and that's possible, right, this guy could have been talking about it for years.

So you proceed as what do they call it? Intestine?

Yes, you could open a probate, say it's a formal probate, and then ask the court to issue some sort of order. But I would probably start with a letter to all the siblings that just explains the statue in Colorado that says, if you were in custody of a will and you do not bodge it with the county court within ten days, you might have a problem on your hands if that failure to lodge causes someone to lose money that they would have gotten.

But so what do you do? Though? So it goes as if there is no will first, right, since there is no one?

I mean, yeah, so that's the question is why, I mean, who thinks that there was a will that was beneficial to them.

They all remember the dad talking, they didn't talk about the beneficial and again I'm only going by this text, but they say that they all agree there was a will. He mentioned the will, but they can't find the will.

I mean, I guess the Really the first question is is there a probatable estate here? What did he have? Did he have real estate? Did he have eighty six thousand dollars with ye?

And I don't know that part, but let's assume he had a big estate or a medium estate and it needed to go through probate. But they can't find the will. Is there a such thing as a temporary settlement? And then they readjusted, did they find the will?

Yeah?

I mean, I proceed in testate and see what you know? We just go through that process, and then, like I said, notify everybody who might have custody of a will that, hey, you know, look for this.

Is there a penalty for not bringing forth a will.

If it damages somebody?

It's kind of back to our med male discussion, right, right, you can have all these bad.

Things happen, but if there's no damages, it doesn't really.

Okay, So okay, let's say they settle things, and later on a will is discovered, can you actually go to court and have things readjusted?

I mean obviously it's hard. Yes, sure, but you know, is the money already spent?

Right, so there's nothing you can do in most if the practical well, the practical answer is you can do it, but you may never get paid. That's always a problem with medication. Yeah, that's the problem. And so people, here's the biggest problem I have found with the states that they can't put their hands on a will readily or the person who has the will. Other people don't trust that the will is valid. So if I were you,

I mean the problem is you just have to remember who you gave it to and if there are changes, I mean that creates issues. Right if some people have inconsistent copies, it's going to be a problem. So you just create potentially a hassle if you want to update things.

And then the original will is what takes precedent? Right, Yes, how do you tell if something's original? Do you market original?

I mean, that's why we try and sign things in color and stuff like that.

Okay, okay, get better? And do you need notary for those signed signatures?

So technically under Colorado, so you either do with two witnesses or a notary. I will tell you that Denver Probate Court, if one of those is missing, they're going to make you go through the formal process. So for us, we always do both two witnesses and a notary.

Oh, do both? So you do two witnesses plus a notary. Yeah, so you're having three witnesses to this signature basically.

Yeah.

All right, let's talk to Darryl and Nancy. Hello, Daryl and Nancy, whoever wants to take it, take it? What's going on?

All right? This is Darryl my wife.

Yes, for information more than anything else. We're well into our retirement. We're living in a house that we like very much, but as the costs are going up and as our income is going down, we're getting into some.

Some things that we want to look at.

And we've looked at things like second mortgages and reverse mortgages and maybe selling the house and downsizing, and we're struggling as to what to do and where to go first advice. We've talked to a couple of different mortgage companies, both for second mortgage and reverse mortgage, and obviously they're trying to sell something some time ago, a month or so ago.

Okay, Darryl, Darryl, I have a few questions for you, Daryl, I have a few questions for you. How old are you? How old are you and your wife?

We're in our middle to late eighties.

Late eighties.

Okay. Now what I want to know is how is your house paid for?

No, it's not.

We were we were about halfway through the payments on it.

Well, I don't know what that means. So how much is owed on the house? Well?

We all you know, just under half a million and the house is worth over nine hundred times.

Okay, so you have about four hundred thousand inequity. Yeah, yeah, okay. And you're thinking about a reverse loan and that's not a bad situation for your age. I would not get a second loan. They're not set up for what you want to do. If you do, you need money right now? Is that what you're looking for? Are you looking for income?

Not so much well, I guess the answer would the yes to some extent, or to cover some of the bills and stuff that we've accummunated. If we got rid of those, then we'd probably not have to.

What kind of bills? What kind of bills have you accumulated?

Oh, mostly credit card over time?

How much do you have in credit card debt?

Well, I guess more than I'd like to admit, I'm not sure I want to.

Well, here how much? I mean, I'm trying to get a snapshot here about how much do you have in credit card debt?

Twenty five to thirty thousand?

Okay, And here's the most important question. Do you have to go to your credit cards every month in order to make your bills? Are you depending on credit like a second income? Or can you pay your bills? Let's say you got rid of the credit card debt. Could you pay all of your bills on your existing income?

I think so yes, I think yeah.

Okay, what is your income?

Well, it's just so security and.

We both have Social Security.

Do you guys have any investment accounts?

No, that's that's the issue. My investment account has finally run out, and that's why we're starting to get to a bund.

Yep, yep, yep. And then do you have any savings of any kind?

Yeah, yes we do, Yeah, yes we do.

How much in savings about two hundred thousand and we're trying not to go into Okay.

No, and I understand that completely. Now, what I think if you were my parents, or my brother or sister or whatever, here's what I would suggest. And I'm going to go to our expert on the line on reverse loans. But because you're in your mid eighties and you have a home with about four hundred thousand dollars in equity, you would be able to get a good line of

We do. We do a lot of reverse loans. We do help people out. And you said, you're now.

Don't you think they're in a good position? You think they're in a good position.

I ran some of the numbers just kind of why we're on the phone, and at eighty four, So basically, what is your monthly mortgage paying right now? I mean, what do you what is what is that about your current twenty eight p I T? I wow, these numbers? The house is worth nine hundred and you'll five a reverse mortgage you're gonna be able to but you're gonna be it's really just gonna pay that mortgage off. You're not gonna get much more than that, okay in.

This okay, but that that'll do him some good because he doesn't have to make another payment.

Correct, And that's tax free, you know, it's tax free. But he gets rid of that payment and that can help get rid of all your other debts and loosen up your lifestyle. But yes, that's.

Do you think do you think he can squeeze. Do you think he can squeeze enough out to pay off his loan and then maybe have some to pay off the credit card or do you think he's right on that limit there?

Well, he wouldn't tell us what his credit card is, but i'd say paid that off and maybe squeeze out about another thirty thousand or so. So I'm not sure where he is.

That's what he's talking about. He was talking about thirty thousand so so, Daryl, what we're talking about is this. If you use your home and get a reverse loan, it does away with your first deed of trust or your first mortgage. It does away with it. It's gone. So now you save twenty eight hundred dollars a month. Right there? You saved two eight hundred dollars, didn't you say your payment was twenty eight hundred.

Yeah, but he still has insurance and taxes which are probably eight hundred to twelve hundred of that easily.

From you.

Yeah, that's gonna be. That's what I thought it's not going to be. Yeah, So here, but think about this, Darryl. If you were able to get that mortgage done, you don't have to pay on it and all you have to pay are taxes and insurance, and then he can enough out to pay off those credit cards. You'd be in a good position. You'd be in your home free and clear for all practical purposes. I mean free and clear is actually eating up your equity. But you can

Yeah, you know, fifties, some programs fifty five by top if you're up there in the eighties.

You know, eighties, but you got to be you got to be in your mid to high eighties, right to get that much, you have to be to your mid to high eighties. Okay, So someone who is bright, Tom, Yeah, no, no, I'm listening. Tell me the different categories.

Well, yeah, so somebody in their sixties, you know, you're going to be looking at thirty eight forty percent. You go there. Once you get up towards the high sixties, early seventies, it's about forty five percent, and then once you get you know, to that eighty mark, you can start looking at that forty five fifty fifty percent mark.

So, so what you were saying about, what were you're saying about Darryl and Nancy is if they're in their mid eighties and their house is worth about nine hundred, the most they're ever going to get is about four fifty.

Well you migrate the numbers actually with them being eighty four. Wife, we were on the phone and it came out. It's one of the proprietary products came out where we could get him about five hundred and thirty thousand dollars out of it.

So, oh, that's excellent. So if they get five hundred and thirty yep, and they can pay off their credit cards exactly.

So yeah, that was and that's kind of our Max. It's called our max product that that does that done on some of that, you know, reverses are interesting. I talked to guy the other day. He called me from your show and he's he's sixty one, and he's like, well, I don't know if it will work, but we have they'll actually go down to age fifty five these days with some of these products, you know type deal.

Again, the idea is the older, the more you get, and you have to pay off your first with a reverse loan. So whatever your first is, that gets paid first, and then after that, after paying your mortgage off, if there's any cash left over, you can take that cash. What I recommend in a line of credit, which means you don't have to take it unless you need it, and when you need it, you can write yourself a check and you can even pay your taxes and insurance out of it, right.

You can't.

Yeah, another thing people don't realize unreversed mortgages. If you feel like it, you can always make a mortgage payment the same like a first and it just stops growing.

Right, of course you can, You're right, John, People don't. People don't often think about that. But really, if you're in Darryl and Nancy's position, why would you make a payment? I mean, I know a lot of parents bend over backwards to try to preserve their equity for their kids, and I say, the hell with your kids. If you've worked your life, you worked your whole life, you don't have to preserve your equity. You can live off of it. What I want to ask Darryl or Nancy, do you

Well that certainly do you have any questions? I guess yeah, the question I have.

The other question I have is would it makes sense to take some money out of our savings to pay off some of the debt.

Well, that's a personal choice. I always say this. If your savings are sitting there making two and three percent and you're paying out monthly on high interest of fourteen to eighteen to twenty five percent, of course it pays because for every dime you pay off, you're saving that interest. That's why I always say, if you're looking to build financial wealth or health, what you need is to get

Oh somewhere around twelve fourteen hundred dollars.

Yeah, well think about change.

If you took that thirty thousand paid off those credit cards, you have the reverse mortgage, you're gonna be basically making twenty four thousand dollars more a year.

In cash flow. And by the way, I do want to say, Marky, you, Darryl, they're gonna save Mark, They're gonna save forty two hundred dollars a month, four thousand, two hundred dollars a month.

Yeah.

And the other thing, though, Daryl and Nancy, is if you are truly just in a savings account, that's kind of crazy. If you want to keep it liquid, that's great. But there's different there's different vehicles out there through Schwab or even through Wave eight or somewhere where where they can invest at and easily make you five percent and it's liquid the next day, the next day.

Yes, yes, yes, so you got you got yes. I think what you first look at first is you talk to John Clays about a reverse loan. I'm really serious. Now listen to this. Once you pay off your mortgage and you're saving that twenty eight hundred dollars a month, now you can decide how do I want to pay those credit cards? Do I want to take it out of savings or do I want to take it from

Fifty nine years?

Wow? Congratulately. Crap. What's the secret, I'm Jack Dan. The secret is knowing when you're wrong, which is most of the time, and your wife is always right. That's right if you keep that in mind. I have a I have a shirt that says, if at first you don't succeed, do what Stephanie told you to do to begin with, and so you ought to get a shirt like that with Nancy on it. Yep, thank you very much for calling,

Yeah, so they did. They used to be called the HACKEM warns them back by f A K. But they're all federally guaranteed. And since in the last few years, they've come out a lot of come out with proprietary products with her which still have the same protections as all the government loans. It's just you know, you got the private lenders, private equity groups putting it together on these loans.

So how do they differ? Give me an idea of how they differ.

Okay, so for example, there's quite a few states in Colorado is one of them. Not all states that they allow. They'll allow reverse mortgages down to age fifty five. Now, obviously you're going to have some equity. Probably won't work quite you know as well there, but you can do it down to age fifty five in Colorado. Now thecker yet the HACKM FHA you still have to be sixty two.

So in this couple, let's say one of them's eighty six, one of them is eighty two, they get the reverse loan. Do you get it in both names so the other one doesn't have to be displaced?

Yeah, well, you no matter what, if they're living in the house, they have to be You have to to put that up there, and yes you can't.

You still can't take a spouse off. So you can take her you know, she can be what they call them.

Non okay, So she was so, So if you're a if you're an older guy, if you're an older guy and you're living with a younger woman, you can't get a reverse loan if she does not qualify.

Well, right, but she most likely they qualified a pretty young age. But I mean thirty nine. But then they're going to limit to what you have. But you know, if you're seventy five and you have a spouse that's forty five and you got a million dollar house, yeah, they're going to still give you a reverse and she's gonna still be protected because it's going to be based off of her age.

The money is that they give, Okay, but it would severely limit the amount of money you can get because of the younger spouse.

That is correct.

So when the older so let me get this straight. If if an older spouse and a younger spouse, they get a loan and they have it the loan and the older spouse dies, the younger spouse can still live there and still continue yep, and that's a big.

Okay they made Yeah. Yeah, and they won't let if you're married, like, they won't let you only do the loan under your name. If you're married, that's okay, Dot, you can't do that.

Yeah.

What about living? You know, nowadays people people are really creative. What about living in the same household? Does that count?

Uh?

What we do about that is if they're not married, we do a calculation on how many people live in that household, and then you have to have some residual income to qualify for that. So the more people, you know, typically reverses. You don't have to show a lot of income. Social Security will work. But if you have like you know, you know, a cousin or aunt and sister, they do a calculation on how much residual income you have to have, so you couldn't do a no income loan.

Leftover, what about grandparents? What about grandparents that might have a minor or might have a young dependent.

You know, they can't protect that dependent as far as the long as they can live on that. But it just really what it does is it takes into effect of how much they'd have to show in residual income. Every month. But then when normally though, when the parents passed away, they would give that person basically a year to either refinance or sell the house to pay that up rivers mortgage.

Okay, all right, Now, on a normal circumstance though, with a reverse loan, if they want to leave or they want to sell, it's like any other sale. It's like any other moving. You pay off the loan.

Correct, Yeah, just just like a regular mortgage. You got you know what your b house do and then you keep all the equity in it. And that's what people forget.

And if for some reason, if for some reason, the house went down in value, then you would have you can just walk away. Is that right.

It's non recourse, which is nice. And yeah, it's non recourse, so theirs, whoever they left the house to, can always walk away. And now they also always offer the house out a ninety five percent value of what is owed if they want to buy it, you know, buy it out because that makes fifty old house. Yeah, that's what they want to do.

Whatever, that's really good the house? Yeah yeah, okay, real quick here, I had a text while we were talking. How would buying a home with a reverse loan work? How does that work?

It would be very very similar to the age. But say say you're reversed and say you qualify for that you're at like they're aged about eighty four. Well, there, you're going to have to put down about forty five percent of the purchase price and then you can get a loan for the additional fifty five percent and then works just like a reverse and never have a mortgage payment.

Yeah, well, thank you very much. I really appreciate this, John, and it's Partner in Lending. Thank you, bro, Thank you. Partner in Lending dot com leit or three oh three seven one three talk seven one three eight two five five. This is odd. We have two problems back to back with garage doors. Let's go to Kent first, Kent, talk to me about your garage door issue. What's going on with you.

I take care of the house for my brother in law and fort Collins. He lives in Tucson. On I requested an a price to replace the garage door which was damaged by a tenant, and called Front Range Rainer and requested it. They shot me back a price, and.

Then did you need to replace the whole door?

No, just two or three panels? But at some point if it's three panels or more, they just say, you know, it's better to just replace the whole door. But they thought two panels would probably do it. But I ended up getting a bill for one hundred and sixty six forty one for adjustments that they made while they were there lubrication, they adjusted springs and stuff.

Like that, which I did not request.

Okay, let me ask you a couple of questions. This is very interesting. What did you request? What brought them out to your home?

I needed a price to to replace or repair the garage door?

And was when you did you? Did you do this online or by did you do this online or by the phone?

By phone?

And and I think what happened was and I know a lot of places have this, including one Clear Choice garage Doors, which I love. They're my there, my go to company, but they have I don't think one Clear Choice Doors goes out to a home to check out doors free. I think they have an inspection fee and included in that is adjustments and lubrication and all of that. Now, if you want a new door, maybe they go out

Yes, I've contacted them twice and they said that I requested service, and I.

Said, okay, do they have the.

No, they do not record the calls.

She said, But well, you're right, why would you call if you're thinking about replacing it? Why would you call for a service?

Exactly? That's what I asked her, and she had no response.

By the way, let me ask you something, how is the door operating now that they did that?

The door has always been fine? I mean I didn't yeah, and the damage to the front, the damage to the door was just cosmetic.

It was just you know, minor.

So you don't notice it. You don't notice the door operating any better now than before.

No, you know, I.

Wouldn't pay it. If I didn't request a service, I wouldn't pay it. I would make them prove that I asked for it. The problem is it's going to get a little messy, don't you think, Mark, I think that they're going to do a lean or something. It could get messble. What was the name of the company, Rainer, I believe you said, right, brainer, Yeah, Okay, hold on a second. Let's give them a call and let's see if we can get their comment on this. One of

Come running.

Just as fast as we can.

Shooter's gonna help come man Dix.

Is the Troubleshooter Show.

No, Tom Martino, Martino, Welcome to the show today. I'm Dan McKenzie with me from McKenzie Law. Of course, phone calls take priority. We'll get to your phone calls. But Dan, I have a text that's very interesting and it asks here's what it says. They are positive there was a will involved. Dan McKenzie. McKenzie Law does a state planning and stuff like that. They were positive there's a will, the dad referenced the will. Often they can't find the will.

Yeah?

Unfortunately, the court presumes if you're not able to produce the original will, not just a copy of the original, that the reason you can't do it is because it was destroyed. So and that's possible, right, this guy could have been talking about it for years.

Should you proceed as what do they call it? Intestine?

Yes, you could open a probate, say it's a formal probate, and then ask the.

Court to issue some sort of order.

But I would probably start with a letter to all the siblings that just explains the statue in Colorado that says, if you are in custody of a will and you do not bodget with the county court within ten days, you might have a problem on your hands if that failure to lie causes someone to lose money that they would have gotten.

But so what do you do? Though? So it goes as if there is no will first, right, since there is no one?

I mean, yeah, So that's the question is why, I mean, who thinks that there was a will that was beneficial to them?

They all remember the dad talking, they didn't talk about the beneficial and again I'm only going by this text, but they say that they all agree there was a will. He mentioned the will, but they can't find the will.

I mean, I guess the really the first question is is there a probatable estate here?

What did he have?

Did he have real estate? Did he have eighty six thousand dollars with?

Yeah?

And I don't know that part, but let's assume he had a big estate or a medium estate and he needed to go through probate. But they can't find the will. Is there a such thing as a temporary settlement? And then they readjusted if they find the will, yeah.

I mean, I proceed in testate and see what you know? We just go through that process, and then, like I said, notify everybody who might have custody of a will that, hey, you know, look for this.

Is there a penalty for not bringing forth a.

Will if it damages somebody?

Kind of back to our med mail discussion, right, right, you can have all these bad things, but if there's no damages, it doesn't really make okay.

So okay, let's say they settle things and later on a will is discovered. Can you actually go to court and have things readjusted?

I mean obviously it's hard.

Yes, sure, but you know, is the money already spent right.

Around, so there's nothing you can do in most the practical the practical answer is you can do it, but you may never get paid.

That's always a problem with medication.

Yeah, that's the problem. And so people, here's the biggest problem I have found with the states, that they can't put their hands on a will readily or the person who has the will. Other people don't trust that the will is valid. So if I were you, I would make copies. I don't know, maybe this is bad advice. Dan, I was saying, have each air have a copy of the will? Is that a bad idea? Or a good idea.

I mean, the problem is you just have to remember who you gave it to and if there are changes, I mean that creates issues. Right, if some people have inconsistent copies, it's going to be a problem. So you just create potentially a hassle if you want to update things.

And then the original will is what takes precedent. Right, Yes, how do you tell if something's original? Do you market original?

I mean that's why we try and sign things in color and stuff like that.

Okay, okay, I'm getting better round And do you need notaries for those signed signatures?

So technically under Colorado, so you either do with two witnesses or a notary. I will tell you that Denver Probate Court, if one of those is missing, they're going to make you go through the formal process. So for us, we always do both two witnesses and a notary.

Oh, do both? So you do two witnesses plus a notary. Yeah, so you're having three witnesses to this signature basically. Yeah, all right, let's talk to Darryl and Nancy. Hello, Daryl and Nancy, whoever wants to take it? Take it? What's going on?

All right?

This is Darryl, my wife, Yes, for information more than anything else. We're well into our retirement. We're living in a house that we like very much, but as the costs are going up and as our income is going down, we're getting into some things that we want to look at. And we looked at things like second mortgages and reverse mortgages and maybe selling the house and downsizing, and we're struggling as to what to do and where to go

Some time ago, a month or so ago.

Okay, Darryl, Darryl, I have a few questions for you. Darryl, I have a few questions for you. How old are you? How old are you and your wife?

We're in our middle to late eighties, late eighties.

Okay.

Now what I want to know is how is your house paid for?

No, it's not we or we we're about halfway through the payments on it.

Well I don't know what that means. So how much is owed on the house?

But we all, you know, just under a half a million of them and the house is worth over nine hundred thousand.

Okay, so you have about four hundred thousand inequity. Yeah, yeah, okay, And you're thinking about a reverse loan, and that's not a bad situation for your age. I would not get a second loan. They're not set up for what you want to do. If you do, you need money right now? Is that what you're looking for? Are you looking for income?

Not so much?

Well, I guess the answer with the yes to some extent, or to cover some of the bills and stuff that we've accummunated. If we got rid of those, then we'd probably not have.

To What kind of bills? What kind of bills have you accumulated?

Oh, mostly credit card over time?

How much do you have in credit card debt?

Well, I guess more than I'd like to admit. I'm not sure I want to.

Well here how much? I mean, I'm trying to get a snapshot here about how much do you have in credit card debt?

Twenty five to thirty thousand?

Okay? And here's the most important question. Do you have to go to your credit cards every month in order to make your bills? Are you depending on credit like a second income or can you pay your bills? Let's say you got rid of the credit card debt, could you pay all of your bills on your existing income?

I think so yes, Okay, what is your income?

Well, it's just so security and we both have Social Security.

Do you guys have any investment accounts?

No, that's that's the issue. My investment account has finally.

Run out, and that's why we're starting to get into a mind.

Yep, yep, yep. And then do you have any savings of any kind?

Yeah, yes, we do, Yes, we do.

How much in savings about two hundred thousand And we're trying not to go.

Into no, and I understand that completely. Now what I think if you were my parents, or my brother or sister or whatever, here's what I would suggest. And I'm going to go to our expert on the line on reverse loans. But because you're in your mid eighties and you have a home with about four hundred thousand dollars in equity, you would be able to get a good

We do.

We do a lot of reverse loans. We do help people out. And you said, you're.

Don't you think they're in a good position. You think they're in a good position.

I ran some of the numbers just kind of while we're on the phone, and at eighty four, so basically, what is your monthly mortgage payment right now? I mean, what what do you? What is what is that about? You're current twenty eight p I T. I wow, these numbers. The house is worth nine hundred and you'll five a reverse mortgage. You're going to be able to but you're going to be it's really just going to pay that mortgage off. You're not going to get much more than that, okay in this.

Okay, but that that'll do him some good because he doesn't have to make another payment, correct.

And that's tax free, you know, it's tax free. But he gets rid of that payment and that can help get rid of all your other debts and loosen up your lifestyle. But yes, that's do you think you do.

You think he can squeeze Do you think he can squeeze enough out to pay off his loan and then maybe have some to pay off the credit card? Or do you think he's right on that limit there?

Well, he wouldn't tell us what his credit card is, but i'd say paid that off and maybe squeeze out about another thirty thousand or so.

So I'm not sure what that's what he's talking about. He was talking about thirty thousand. So, Daryl, what we're talking about is this, if you use your home and get a reverse loan, it does away with your first deed of trust or your first mortgage. It does away with it. It's gone. So now you save twenty eight hundred dollars a month. Right there? You saved two eight hundred dollars. Didn't you say your payment was twenty eight hundred.

Yeah, but he still has insurance and taxes which are probably eight hundred to twelve hundred of that easily.

From you're wrong sevent.

Yeah, that's gonna That's what I thought. It's not going to be. Yeah, so here, but think about this, Daryl. If you were able to get that mortgage done, you don't have to pay on it, and all you have to pay are taxes and insurance, and then he can it's enough out to pay off those credit cards. You'd be in a good position. You'd be in your home, free and clear for all practical purposes. I mean free and clear. It's actually eating up your equity, but you

Yeah, you know, fifties some programs fifty five by top if you're up there in the eighties, you know, eighties, but you.

Got to be you got to be in your mid to high eighties, right to get that much, you have to be to your mid to high eighties. Okay, So someone who is by Tom Yeah, no, no, I'm listening. Tell me the different categories.

Well, yeah, so somebody in their sixties, you know, you're going to be looking at thirty eight forty percent, you go there. Once you get up towards the high sixties, early seventies, it's about forty five percent. And then once you get you know, to that eighty mark, you can start looking at that forty five fifty percent mark.

So, so what you were saying about What were you saying about Darryl and Nancy Is if they're in their mid eighties and their house is worth about nine hundred, the most they're ever going to get is about four fifty.

Well you migrate the numbers actually with them being eighty four. While we were on the phone and it came out. It's one of the proprietary products came out where we could get him about five hundred and thirty thousand dollars out of it.

So, oh, that's excellent. So if they get five hundred and thirty yep, and they can pay off their credit cards exactly.

So yeah, that was and that's kind of our max. It's called our max product that that does that on some of that you know, reverses are interesting. I talked to guys the other day. He called me from your show and he's he's sixty one, and he's like, well, I don't know if it will work, but we have they'll actually go down to age fifth five these days with some of these products, you know type deal.

Again, the idea is the older, the more you get, and you have to pay off your first with a reverse loan. So whatever your first is that gets paid first, and then after that, after paying your mortgage off, if there's any cash left over, you can take that cash. What I recommend in a line of credit, which means you don't have to take it unless you need it, and when you need it, you can write yourself a check and you can even pay your taxes and insurance out of it. Right you can't.

Yeah, another thing people don't realize unreversed mortgages. If you feel like it, you can always make a mortgage payment the same like a first and it just stops growing.

Right, of course you can, You're right, John, People don't. People don't often think about that. But really, if you're in Darryl and Nancy's position, why would you make a payment. I mean, I know a lot of parents bend over backwards to try to preserve their equity for their kids, and I say, the hell with your kids. If you've worked your life, you worked your whole life, you don't have to preserve your equity. You can live off of it.

Well that certainly.

Do you have any questions?

I guess yeah, the question I have.

The other question I have is would it makes sense to take some money.

Out of our savings to pay off some of the debt?

Well, that's a personal choice. I always say that if your savings are sitting there making two and three percent and you're paying out monthly on high interest of fourteen to eighteen to twenty five percent, of course it pays because for every dime you pay off, you're saving that interest. That's why I always say, if you're looking to build financial wealth or health, what you need is to get

Oh somewhere around twelve fourteen hundred dollars?

Yeah, well, think about change if you took that thirty thousand paid off those credit cards, you have the reverse mortgage, you're going to be basically making twenty four thousand dollars more a year in cash flow. And by the way, I do want to say Markia Daryl.

They're going to say Mark. They're gonna save forty two hundred dollars a month, four two hundred dollars a month.

And the other thing, though, Darryl and Nancy, is if you are truly just in a savings account, that's kind of crazy. If you want to keep it liquid, that's great. But there's different there's different vehicles out there through Schwab or even through Wave eight or somewhere where where they can invest at and easily make you five percent and it's liquid the next day, the next day.

Yes, yes, yes, so you got you got yes. I think what you first look at first is you talk to John Clays about a reverse loan. I'm really serious. Now listen to this. Once you pay off your mortgage and you're saving that twenty eight hundred dollars a month, now you can decide how do I want to pay those credit cards? Do I want to take it out of savings or do I want to take it from my line of credit. I personally would not touch my

Uh?

Fifty nine years?

Wow? Congratulately. Crap. What's the secret?

I'm jack damn.

The secret is knowing when you're wrong, which is most of the time, and your wife is always right. That's right, if you keep that in mind. I have a I have a shirt that says, if at first you don't exceed, do what Stephanie told you to do to begin with, and so you ought to get a shirt like that

Yeah, so they did. They used to be called the hackem Wars and backed by FAHA, but they're all federally guaranteed. And since in the last few years, they've come out a lot of come out with proprietary products with her which still have the same protections as all the government loans. It's just you know, you got the private lenders, private equity type groups putting it together on these loans.

So how do they differ? Give me an idea of how they differ.

Okay, So, for example, there's quite a few states in Colorado is one of them? Not all states that they allow, they'll allow reverse mortgages down to age fifty five. Now obviously you're going to have some equity, probably won't work quite you know as well there, but you can do it down to age fifty five in Colorado now yet the hack em faha used to have to be sixty.

So in this couple, let's say one of them's eighty six, one of them is eighty two, they get the verse loan. Do you get it in both names so the other one doesn't have to be displaced?

Yeah, well you no matter what, if they're living in the house, they have to be.

You have to to put that up there, and yes you can't. You still can't take a spouse off. So you can take her you know, she can be what they call them.

Not okay, so she was. So so if you're if you're an older guy, if you're an older guy and you're living with a younger woman, you can't get a reverse loan if she does not qualify.

Well, right, but she most likely they qualified at pretty young age, but I mean thirty nine. But then they're gonna limit to what you have. But you know, if you're seventy five and you have a spouse that's forty five and you got a million dollar house, yeah, they're gonna still give you a reverse and she's gonna still be protected because it's gonna be based off of her age. The money is that they give.

Okay, but it would severely limit the amount of money you can get because of the younger spouse.

That is correct, So when.

The older So so let me get this straight. If if an older spouse and a younger spouse they get alone and they have it the loan, and the older spouse dies, the younger spouse can still live there and and still continue.

Yep, and that's big. Okay they made Yeah. Yeah, and they won't let if you're married, like, they won't let you only do the loan under your name if you're married. That's okay, gotcha, can't do that.

Yeah, what about living? You know, nowadays people people are really creative. What about living in the same household? Does that count?

Uh?

What we do.

About that is, if they're not married, we do a calculation on how many people live in that household, and then you have to have some residual income to qualify for that, so more people, you know, typically reverses. You don't have to show a lot of income. Social Security will work. But if you have like you know, you know, a cousin or aunt and sister, they do a calculation on how much residual income you have to have, so you couldn't do a no income loan leftover?

What about grandparents? What about grandparents that might have a minor or might have a young dependent.

You know, they can't protect that dependent as far as the long as they can live on that. But it just really what it does is it takes into effect of how much they'd have to show in residual income every month.

But but then when the normally though.

So when the parents passed away, they would give that person basically a year to either refinance or sell the house to pay that up rivers.

Morphine, okay, all right, Now, on a normal circumstance though with a reverse loan, if if they want to leave or they want to sell, it's like any other sale. It's like any other moving. You pay off the loan, correct.

Yeah, just just like a regular mortgage. You got, you know what your b house do and then you keep all the equity in it. And that's what people forget.

And if for some reason, if for some reason the house went down in value, then you would have you can just walk away, is that right.

It's non recourse, which is nice. Yeah, it's non recourse. So theirs, whoever they left the house to, can always walk away. And now they also always offer the house out a ninety value of what what is owed. If they want to buy it, you know, buy it out, they own house, that's what they want to do. Whatever.

That's really good in the house. Yeah yeah, okay, real quick here I had a text while we were talking. How would buying a home with a reverse loan work? How does that work?

Be very very similar to the age but say say you're reversed and say you qualified for that're at like their age about eighty four. Well, there, you're going to have to put down about forty five percent of the purchase price and then you can get a loan for the additional fifty five percent and then works just like a reverse you never have a mortgage payment. So like if you're sixty five and you want to do this with a reverse mortgage, you'd have to probably put down

You very much. I really appreciate this, John, and it's a partner in lending. Thank you, bro, thank you Partner in lending dot com. Hi Tom Martinez you're troubleshooter. Three oh three seven one three talk seven one three eight two five five. This is odd. We have two problems back to back with garage doors. Let's go to Ken first, Kent, talk to me about your garage door issue. What's going on with you.

I take care of a house for my brother in law and Fort Collins. He lives in Tucson on I requested an a price to replace the garage door which was damaged by a tenant, and called Front Range Rainer and requested it. They shot me back a price, and then.

Did you need to replace the whole door?

No, just two or three panels, But at some point if it's three panels or more, they just say, you know, it's better to just replace the whole door. But they thought two panels would probably do it. But I ended up getting a bill for one hundred and sixty six forty one for adjustments that they made while they were there lubrication, they adjusted springs and stuff like that which I did not request.

Okay, let me ask you a couple of questions. This is very interesting. What did you request? What brought them out to your home?

I needed a price to replace or repair the garage door.

And when you did you? Did you do this online or by did you do this online or by the phone?

By phone?

And I think what happened was and I know a lot of places had this, including one Clear Choice Garage Doors, which I love, They're my go to company, but they have I don't think one Clear Choice Doors goes out to a home to check out doors free. I think they have an inspection fee and included in that is adjustments and lubrication and all of that. Now, if you want a new door, maybe they go out and look.

Yes, I've I've contacted them twice and they said that I requested service. And I said, okay, do they have the ti it? No, they do not record the calls.

She said, but why Well, you're right, why would you call if you're thinking about replacing it? Why would you call for a service?

Exactly? That's what I asked her, and she had no no response.

By the way, let me ask you something, how is the door operating now that they did that?

The door has always been fine.

I mean I didn't.

Yeah, and the and the damage to the front of the damage to the door was just cosmetic.

It was just you know, minor.

So you don't notice it. You don't notice the door operating any better now than before. No, you know, I wouldn't pay it. If I didn't request a service, I wouldn't pay it. I would make them prove that I I asked for it. The problem is, it's going to get a little messy, don't you think, Mark, I think that they're going to to do a lean or something. It could get what was the name of the company, Rainer, I believe you said, right, Rainer. Yeah, Okay, hold on

Rip need that you don't have to running just as the can, No Shooter's gonna help coming man.

This is the Troubleshooter Show. No Tom Martino.

Hi, I'm Tom Martino. Welcome to the show. We are kicking butt here trying to solve your problem. To answer questions, Jay complaints. Abraham wants to talk about something that sounds pretty sad, a dog being shot by police. Abraham, what's going on with you?

I'm I'm in my house right know, and I was getting some papers and a detector came through my door to my gate while I was locked, and he shot my dogs four times.

What why was he coming to your house? Did he have a warrant?

He was serving my wife and papers. No, no warrant, no nothing, just some papers, serve my wife and I have a gate.

Now what was he serving? What was he serving your wife? Abe? What was he serving? Was this a sheriff's depity?

We didn't get that he was a I don't know if he's had a badge on him, but we didn't get that far because he shot the dog.

It was probably exactly that time he was just getting served or.

She was yes, yes, yep it And there's no right and he should knocked on the side of my house. He should never have came to that front gate. That's why I have a.

Lock on it.

And you have a siuriosity? Do you have like a ring doorbell? Did anything capture all this?

No?

No?

No?

What the front door didn't I? And he opened the streen door. When over the screen door, the dog took.

Off after him.

You should never have went through that game, okay.

And when the dog, when the dog went after him, what kind of dog is it?

He's a massive mixed We read the rescue.

So was this a sheriff's deputy or a prop abe? I need to know? Was this a sheriff's deputy? Do you know.

He's a detective?

What was he delivering to your What was he delivering to your wife?

We don't We didn't get that far. Obviously, there's no jail sto ideals probably like child support stuff.

That has to be a sheriff serving him.

And he pulled out a gun jail or nothing like that.

He pulled out the gun times.

Okay when he shot the dog. Did you talk to the guy after that?

I went off on him. I went off on him.

And what did he say to you?

Nothing? He didn't say nothing, got back in the truck and locked his door.

Did you call the cops.

Everybody's here. The cops are here. Everybody's here. They did a crime scene everything, and everybody's here.

Are they there right now? They are?

Yes?

Okay, what are they saying? Happened?

Detected?

He came to sir, He went, he went to the front door of that front gate, and the dog came out, and he shot.

The dog out.

That's right, I get it, Tom.

Basically, the guy came, he's got a gate in the front yard. The guy came to through the gate. He goes to his door. The dog runs out through the front door like it was going to attack the guy, and the guy shot it.

I mean, that's what happened.

Four times.

Four times. And while there's kids in the house. I got five kids in that house. The neighbors have kids. My other neighbors have kids. He wasn't even thinking where for those shots really go.

So the dog came. When you opened the screen door, did you want the dog to go out and bark at him?

He he we were in the house.

He opened that screen door. My front door was open. He opened the screen door and said hello, and the dog came out and ran after him. When he said hello, the dog heard me came running from the room. He opened the front he opened the screen door.

I did, Actually, did you tell way Man that's wrong? Did you tell the police that he opened your screen door? Yes?

I told him. They don't want to grieve me because they know he's in the wrong. They're just they're just they're just staring at me like I'm stupid. I know they know he's in the wrong, and they don't want to admit it. They know he's in the wrong. I told him, you know, you guys know he's in the wrong, and they just stay there stating me because they don't want to make that's one of their own. They're not they're not gonna go against their brother.

I bet he was door to throw the papers in.

Pretty probably probably, But he should never have went. My front gate is blocked, and that's why we have that lock on it. They told us keep that keep a lock on that front gate so the dog stays behind that fence. And we did as we were asked, and he went to that front gate. He should knock on the side of the house. He should never have went on that porch and opened that gate and went to that door, knowing what there's there's there's no there's no expending that isn't that all?

Hey? Abe?

Can may I ask what would your dog have done if he didn't have a gun? Would your dog have attacked him?

Well?

Yeah, he's a family probably because he's in my house. He's down there with in my house, so he's protecting the house. And not like he was outside of my gate. He was on my porch in front of my door.

No, I get it. No, I get exactly what you're saying. This is terrible. Now what police agency showed up to investigate?

What? What's that?

What police agency showed up to investigate? What police agency showed up?

What do you mean?

You don't know? Is it Denver police? Or say, Jeff, go who is it?

I'm asking, I'm in Lafaiet what?

What? What agency?

Is he?

The dog?

All right?

No?

He is ATF's ATF Wow?

At Wow? What do you talk?

Yeah?

Wait a minute. The person that came to your door to serve you as ATF.

Yes, that's who it was. So they're saying that they said they want to talk to my wife because I think one of her firearms. Only that's what it's about now, okay, And she's legal to have them.

Did your wife report her firearms stolen?

No, because I don't think we had the serial numbers when it got stolen from the car.

How did they trace back.

Guys, because one time they had if it's the same one, they had a King Supers one time and they came, they seen it and they they probably has the same one. It has to be that only one that was on her one time at King super.

So an ATF agent. It was an ATF agent that came onto your property to serve to serve your wife some papers. Yes, okay, what are the papers they wanted to serve her?

We didn't get that far, sir. They're they're they're okay, this is wait.

I got a question. Wait a second.

You you mentioned that you were I know what you were studios to do.

Well, hold on you.

You mentioned doing what you were supposed to do, keeping the dog in the Hey, what happened prior.

He went to that gate and that he had that We were asked to keep the dog in the gate in the yard, and that's what we did. And he should have never went to that gate, He said, knocked on the side of who.

You're missing me? What Mark is asking? Who told you to who told you. You said you you were doing what you were supposed to.

Our manager, our manager, even my man. And we're on private property too.

Was there an.

Issue before where the dog got out or something like that.

No, no, no, no, he just said this always. We had him on a leash before, and he said just keep him in the yard.

And that's your landlord.

Knocking on him.

Yes, okay, so Mark, the landlord told him to keep the dog confined. The dog was confined. This ATF agent came on to his property. Well, according to him, opened up his door. He walked up on your porch and opened your screen door.

Yeah.

Yeah, he walked up onto your porch and opened the screen door.

Opened the screen door, and the and the front and the front door. My wife says, he opened the both door, the screen door and the front door. He opened both doors.

Of my house.

What what paperwork were they serving if it wasn't to do with child support and it's an ATF person, I mean, is it a warrant to search the property?

No no, no.

Not at all, nothing like that.

No, because he came by hisself, Thank you, brother, thank you. No he is so it was nothing like that because he was by hisself. They didn't come no suited up and not that he was by hisself, so obviously it wasn't.

Not that serious.

Geez, it's so weird.

Yeah, they did not come back.

But your wife had your Your wife has no idea your wife has who's there now? The ATF agent is being investigated. Who's investigating it? Is it Adams County? I don't know if that's Adams County?

Yeah, Lafiett, Boulder County so yeah, okay, at Border County?

So is Boulder is Boulder Sheriff Department?

There, No, it's just Lafayette and Lafayete detective.

Does Lafayette have a police department?

Yeah, they do.

Did they interview you, Yeah.

They talked to him. They talked to every that they interviewed. My neighbors, everybody, and even the neighbors seen him go up on the porch and go to that gate.

That's wrong, man. Did anyone get it on tape?

Never?

No, No, there's nothing on tape at all.

I just it's not Are.

They still are they still on your property? Are they still on your property right now?

Yes?

Yes, he may decided to just picked my dog up and took him.

They took the dead dog.

Yes, he made society just took him.

Man, this is weird. Mark, What do you do with something like this? I would hope the investigation. Hey, shop and I tend to agree, Shopper, Can you call aafia to see if we can get a statement? Than can you call Afia police department to see if they can give a statement of any kind? Sure?

I wonder if you know someone's from Lafayette right now? I wonder if we could get them.

On they're not gonna go, let's find out. Want to talk to one of them.

We're not telling anybody to go against anybody. We just we would loan to talk to one of them.

Let me see it.

Yeah, give a second, but hold on, hold on, hold on, don't do it until we take this break. Wait, just wait one second. I want to do it after this break. I gotta take this break. I'm Tom Martine three oh three seven on three eight two five five. Frank Rand the real estate man will do a market valuation of your home to tell you what it will sell for. Call them, ask them what will my house sell for?

Just had no right.

Man.

It comes to that gate, and he had no right to give me go. He said, knock outside the house and never went to that gate, end up to that front door, knowing that gate was locked.

Now, when you say the gate was locked, what do you mean the gate was locked?

I have a three year old son has a NATS that child can't even open. So it's left.

Okay, so it under and then popped it?

Got it? Got it? So it was a latched gate. He came through the latched gate, walked up onto your porch, opened the front door, but that was completely closed in.

The front door.

My wife said, yep.

And then your dog saw the screen door and the front door.

And when your dog saw the door open, he ran for it.

Yep.

Well, he said hello. He opened the door and said hello, and the dog heard that. After the dog picked up perked his ears, until off at the front door after him.

And the guy shot.

Him four times? Man, four times?

Where were you at the time, Abraham?

I was in my back room.

And when you came out, what did you say? What the hell are you doing? I mean, what did you? Did you know who he was? Did he identify himself? Okay, CAUs Shannon, help me out here? What am I doing? Got it? For those I don't even know? I hope it didn't go out, But I mean, he's saying the F word. Too many times. I think we got listen. I'd like Schopper to find out from Lafayette what the

And I would the equipment would be titled and the business could be put in the trust.

Okay, So if the business is put in the trust, everything the business owns is in that trust. Yeah, So that's the easiest way to do it. So you don't take individual things and pluck them out from different entities and put them in a trust by themselves.

I mean, you would want to be really careful about that.

If there's equipment that sort of signals to me that you've got some liability around that. I mean, are we talking about like construction equipment, like like have that in the business to get that protection.

Let's say a guy has a dirt moving business. Okay, Let's say is a back ho. That back ho is worth a lot of money and it's paid for. Would he put the whole back hole business in there or just the back hole itself?

I mean, I try you want to be pretty comprehensive. If we're talking about a vocal trust, let's put that up front, right the vote. You're a vocal trust, it's got tax consequences that are more complicated, but let's assume it's a a vocal trust. Yeah, you want to put as much in there as you possibly can, but you want to keep business related assets under that business shield.

Okay, got it, And so use of the products you can still use them. Like what like if you have artwork in your home and personal items not in a business, can you put personal items in a trust?

Yeah, we just do a really simple assignment of personal property to or a trust, just saying I am assigning it all. I mean, there is not titling documents for like, and.

What's what would be the benefit of putting personal property in a trust? It's just yeah.

As I mentioned earlier that the thing that triggers probate is if you pass away and have eighty six thousand dollars worth of anything, and so.

So if it's in a trust, it's not you.

It's not you.

And so assigning your personal property the trust takes all that out.

Of that eighty six thousand dollars equation. So you can literally bypass probate. By having everything in trust.

You get to give up to eighty six thousand bucks away without probate. If it's more than that, you've got to figure out some other way to do it, and a trust is a pretty elegant way to do that.

Okay, And what are some of the reasons we always hear people talk about avoiding probate? Why is there such a fear of probate? When you hear, oh, no, you got to avoid probate, or I want to avoid probate, or they come to you, they may not even know why they're saying it and they say, Dan, we don't want to face probate. What Probate's not that complicated, is it?

Honestly, Yeah, that concern can be a little bit out of date. It used to be a really intense process that required a lot of court appearances and stuff like that.

Really usually does not anymore.

So I don't automatically tell everyone to avoid probate. There are circumstances where, yeah, you probably still don't want to do it, but it's the court case.

You know, it's public. There's some reasons not to want to do.

It, Okay, Because when you open a probate, you're saying, this is Tom Martine's estate, and here's what we're doing with the stuff, and anyone can see it.

I mean, I don't know if anyone can see it, but a lot of people can see it because anybody involved in the estate, any heirs, anybody, any beneficiary is it kind of access to the whole thing, and any creditors too, So it's just a little bit more out there. People probably can get into it as well who are not interested, but it's a little bit harder for them.

Can someone claim to be a creditor just to get a look.

Anybody can file a creditor claim and then it has to be dealt with, So that would be an interesting strategy. I haven't really seen people do that, but I'd have to think through that a little bit.

It's possible, okay, But mainly probate is to disperse property. Is that the actual reason for probate.

Yeah, get out there, account for the property, figure out what you got to make sure the bills are paid, the taxes are filed, and the right people get what they're entitled to receive.

And if you have a trust where everything moves through without going to probate is prob Is there ever a death and a settlement of an estate without ever doing a probate?

Oh?

All the time really, without ever seeing probate court.

Yep.

And that's done through trusts. Uh.

There's a few different ways to do it. One is the jointly title stuff. So as you say.

Okay, so then it automatically goes to the other person.

Designate a beneficiaries skip probate. Yeah, if you've got beneficiaries on your retirement accounts or life insurance. But you can put those on your house, your cars, your bank accounts, all kinds of stuff.

Can you file beneficiaries on everything? Basically, Like, even if it's not set up for a beneficiary, can you say the beneficiary of this account is so and so.

That is up to the institution where the account is located. But I would say yes, pretty much. Anything that is a title, there's probably a way to beneficial do a beneficiary in it.

And beneficiary is an automatic transfer to death correct, So bank accounts could be automatically transferred at death, yes, And car titles can they be automatically transferred? Really?

Is that?

What is that? Like a beneficiary title?

Yeah?

If you if you google Colorado DMV beneficiary you will see their form.

It's real simple.

They want to know that make the model, the ben and who's getting it if you pass away?

Really, I didn't know. So there's like a there's like a beneficiary title for cars. Wow, did you know that, Mark? I didn't know that that you can actually do that with a car three or three five? Yeah? Okay, Abraham is back and uh you know he's the one that had his dog shot. Abraham. Are they still at your house investigating?

Yes, yes, everybody's here. Still just talking to the loafia cops.

Now what did they say?

They're just saying they're sorry, they know my feeling. They're sorry, and that they're they're keeping it pretty much hush hush because they they're not gonna, like I said, they're not going to go against his him. They're not going to go against him.

They know he's in the wrong.

Where is the guy right? Where is the eight? What is the ATF guys named?

You know.

What?

They killing me?

Sir? What's his name?

A TF I you ask me for these?

Please?

Super Hey, supervisor, what's his name?

But what perse I need it for myself?

I'll get it to you.

But I'm not going to do a fire on.

A cold.

You know what, these guys are being.

Right, they're being real church exactly.

I have the right for their name.

That's wrong, it's wrong, bro, Just yeah, name a simple name. Brother.

Don't get yourself, hey, Abraham, don't get you yourself crossways with him? Are you gonna say?

I have a supervisor from Lafayette going to be giving me a call.

Probably the guy he's talking to.

There you go.

You see how the tree to me?

All right, hold on, we'll take it. We'll take a quick break, hang on, and then we have some updates right after this. I'm Tom Martinez three oh three seven one three two five. I want to talk to Troy, who has a comment on this situation unfolding live on the air with an ATF agent. Walked through a locked gate, went up on a porch, opened a screen door, and then a front door. The dog came lunging and he shot the dog four times. Again. We're hearing this only

Hey?

Tom, The most likely reason at F agent would come to your house would be if they're investigating a gun that was used in a crime. The way it works is the ATF will go to the manufacturer with the serial number. Then the manufacturer will tell the ATF which distributor that I was sent to. Then they go to the distributor.

Distriver says which dealer.

Then the dealer looks in his A and D book and will tell the ATF who they sold that gun to.

So, yeah, because he did mention, he did mention that his one of his wife's guns were stolen.

Yep, yep, yeah that makes sense.

And uh yeah, the ATF agent does have the right to defend themselves. Yeah, I gets the animal, I didn't diet buy big dogs and that that is no fun at all.

Do you have a troy. I'm not saying I'm not saying he doesn't have a right to defend himself, but what the hell is he doing walking up on the portion opening the door.

Well, so you know, to open the screen door and knock on the door.

Is one thing.

And if the if the main door was not latch closed, and you know he pushed.

It open and yell hello and then the dog comes at him.

Well, you know what's he supposed to do.

Well, He's not supposed to open the door and yell hello. That would be my guess.

If it's not fully closed and latched and he goes to knock on the door and then pushes it open. I mean, that's a good question for Chopper. You know, when they come to a door that's not clearly closed. You know, is it protocol to you know, push it open and yell hello, or you know, because he's just doing an investment, Jason, he's out there to arrest anybody.

It's hard to say, man, I you know, without being there, without knowing, and I I mean, I know what you're saying. When a dog's running at you, what do you do and you have a gun on you? I don't know. I mean I've never been in that position, so I can't say I don't know. I do know though, that this is not the first time dogs have been shot, and it happens a lot with law enforcement. They will

Yes, good happening, Tom.

I enjoyed it, Joe, and I also had been on.

Your referral list dot com and I also checked your transcripts of some of the important articles. I'm in need of a right service and I don't see anything on referral dot com about you recommended a right service.

I like to have.

Well, we when you say a ride service, what do you mean a ride service?

Oh, I just need a trasification from where I live to about five a little more than five miles from where I live.

Well, what about just plain old Uber or Lyft?

That's where I'm I'm gonna ask you, Uh, is it safe to use Lyft or Uber?

I mean, can you give us?

Can you give all of us.

Some helpful hands about what to do? Okay, that's more.

Here's what I'm Here's what I'm going to tell you. Ride services are mostly safe, and I like them. I don't like Uber because every single time I've used Uber, my card has been hacked. I like Lyft, I do not use Uber now. Listen, that was my experience. I have used Uber every single time. My card will be you the next day. Every single time. That's never happened to me with Lyft ever, so I use Lyft.

Okay, so you do recommend Lyft.

That's why I recommend. I'm I mean mark. When you guys travel, do you use any ride shares? I use both of them.

I just I've never had any issue with my credit card with either. But I differ. I do not like Lift. I use only if they're quite a bit cheaper. They seem to cancel more. They just seem to have more issues. The cars are a little more nasty.

Okay, Okay, Now you use them far more than I do, so that's possible. Like I said, I found good luck with Lyft, But you know either one of them, truly, Richard, They're they're they're pretty reliable services. I mean, every now and then we hear about crazy stuff going on, but for the most part, I like them. I like ride services, and of course you still have good old Taxis, although I don't know how Taxis are making it these days. I'm honest to god, I don't know how they make it.

Bo?

This eighty one year old woman. This eighty one year old woman, she had a leak in her apartment. They moved her into another apartment. She said she developed the roof leak in that apartment and the management is doing nothing to help her. It sounds like this woman is having constant problems. What have you found out?

Yeah, Cheryl called in for a friend Peggy that lives at the Highline Loft department at four fifty six Ironton. Yeah, she had flooding from the apartment above her. She had watering or light finistures. So I kept calling Sandra Martinez, the local manager for RPM Living. She kept hanging up on me, had no comment. So we eventually got a hold of the general manager in Austin, Texas, his name.

Is Cody Coppel.

He would not talk to me, but because of our relentless phone calls, they did get a hold of the tenant and they're in the process of relocating her into a better apartment. So that's my way.

So this will be the second time. This will be the second time she's relow.

Yes, So I'm just going to follow up and make sure this this second apartment is going to be dry and clean for her. But they are stepping up and helping her out.

Why did they say they wouldn't talk to.

You, because I said, as with the Tom Martino Show, they don't like us.

Yeah, but I wonder why we were just trying to help, right.

I said, they would just say no comment and hang up after three times, and then I was able to get a hold of the manager. Now he the regional manager.

He would not.

Call me back either, but he did get our message. So I'm going to okay TGI next week. But they are moving along with finding her a second apartment.

Well you deserve my dinger, that's for sure. That's a good I haven't used that dinger in a few days. But here we go. Yes, thank you, And you know, for all those people that won't speak to us. I don't understand why they won't talk to us. Now, Deputy Chopper, you say you have a follow up. What's going on? Chopper? This one's real quick.

Just Jenny worked at Carl's Junior for about two weeks. She was old four hundred and sixty six dollars. She couldn't get paid. I reached out to tell her how to get paid. She did get paid this last Friday, so she got her four hundred and sixty six dollars.

Good, good, good, And I want to remind you Dan McKenzie when he's not here, he's at Coplans dot c. You can reach him there A three three two six seven fifty two sixty seven. That's mackenzie law. I'm Tom Martino, Tino around the clock to get help three oh three Martino.

Follow Tom Martino at Real Tom Martino.

And stay connected with all of that at six thirty k kyhow dot com and.

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