The Troubleshooter 6-18-24

Ripped off that news. You need advice who you don't have to come running just as fast as we can. Show Shooter's gonna help come. This is the Troubleshooter Show. No Tom Martino. Hello, Hello, Hello, I'm Tom Martino. Welcome to the show. We are here to help you solve problems, to answer questions, to take complaints, and to make your life just a little easier. To my right, right here of your streaming on this way shot, we have Dan mackenzie. He is an estate planning attorney

and or maybe not a planner. Maybe you just are faced with probate. Can people call you if they're faced with sudden probate? Yes, definitely. There's some confusion on probate as to who can open probate. We have a bunch of relatives and friends and they sit around and nobody's doing anything. What are the laws when it comes to probate? Let you know, first of all, can can a deceased person in a will name who they want to

be their personal representative? Yeah? I consider that to be the most important instruction they put in there. And does the court have to recognize it? Not necessarily? I mean that it could be challenged by somebody else. But usually that's gonna that is going to be the person. Okay, So if someone dies and no one knows anything, Yeah, who can open a probate. There's no will, there's no apparent will, there's nothing around. What do they do, really, anybody with an interest in the estate. Does

that mean a friend, a house cleaner, somebody. Do they have an interest in the estates? Well, they think they do, like they were told they do. They were told they were going to get something. Yeah, they probably can. Then doesn't mean they're going to be a pointed as the personal wrap. The person who applies to open the estate is not necessarily going to be the representative. And in some cases it's creditors, you know, people who think there were owed money by the person who passed away,

and the family is not doing anything, the creditors could open it. The family gets a six week head start, and if they haven't done anything by that point and there's creditors thinking we're owed money and nothing's happening here, they can apply to open it. You know, you're an attorney, and attorneys are paid advocates, And I wanted to ask you something In criminal law, I talked to a defense attorney, and he said, it's not my job to figure out if my client is guilty or innocent. It is my job

to make the state prove that he is. And I put up any kind of defense that is an honest, just defense that he has afforded to him by the law. And if they can't prove their case, even if he is guilty, he shouldn't be convicted because that will help them get the real people next time around, and next time around and next time around. So they advocate and most of the defense attorneys I talk to, when you say, how can you defend a guilty person, they say, I don't assume

they're guilty. I don't even know if they're guilty. And I don't know, by the way, personally, what would happen if if the guy said, yeah, I did it, but I got to I can't go to jail for the rest of all. I don't know what would happen in that case. I don't even know. Maybe defense attorneys would weigh in on that. But then on the other hand, I've talked to civil attorneys who are hired by someone to sue someone, and they take up their case and they

go to court, and they fight the battle. And then in your area of law, a state law, it's not so much adversarial more than it's more of a representative. Now it can get adversary again, and it's it usually isn't. And attorneys in our area law I have different roles available to them. So if I'm represent a personal representative of an estate, I supposely helping that person represent the estate, and that means, you know, not

putting their own interests ahead of the other people. I wanted to ask you something about being a paid advocate for someone who wants to, let's say, challenge it will or challenge and do something put in a claim. Do you is it your job to advocate for that for their position, or if you feel they're wrong, do you just not take it and say I'm sorry,

I can't fight for this. It's because when people call here and I don't think they have anything, you know, I said, look, man, we're not going to call and hassle this car manufacturer or we're not going to hassle this person or whatever. So how does that work in criminal law? They do it no matter what what happens in a state law. As far as being an advocate. Yeah, it's a little trick here, I think, because yes, we will tell people they're off facing okay, and you

can't. But if they want to move forward, yeah, I mean you're not obligated to take up their case, right, No, No, neither is the defense attorney, I guess. I mean anyone can turn down anyone, right, true. Okay, And we got a lot of people are just like they just kind of generally think it's unfair or they don't think their parent would have done this or whatever. It's like, that's not really the rule, right. You got to prove that they were unduly influenced or that

they didn't have capacity or something like. You can't just say this is unfair. So judge turn you know, overturn this thing. By the way, I want to give out our number three oh three Martino. You can call twenty four seven three oh three six two seven eight four six six. Really important that number because it rings through here when we're here, and then it rings through our voicemail when we're not here, and you can leave a message and we will absolutely get back to you, okay, so you never have

to wait. The other one that's like appointment radio. And then The other thing is you can always write to us help at troubleshooter dot com, and then when we're on the air, we can use ihearts now birth three oh three seven one three talk seven one three eight two five five. So Dan, when I when the biggest problem we get with the States, And I'm telling people right now they better put stuff in writing and nowhere to find it.

The biggest problem is when someone says there is no will, and you know there was a will and you were named in it, and they left Johnny in charge and Johnny says I don't have a will. I mean, there's really nothing you can do if somebody doesn't like the will and makes it secret. We've said that before. Now that's not a common problem we get,

but I'm just that's my curiosity. You can't make I knew of a case one time where they the person had kind of expressed what they wanted to do when they were dead and said they had a will and Aunt Jenny has the will, and Aunt Jenny whatever her name was, said, no, he didn't leave any will. What do you do in that case? I mean, you can't make someone. I mean, there's so much honor when it comes to a state law, isn't there Yeah, trust and honor.

Yeah, even if you have a copy of the will, the court presumes that you only have a copy because the person who created it destroyed the original intending for it not to be Wow. So you got to do the formal process and schedule a court hearing and give people a right to object and all that kind of stuff. So that is the presumption that if there's no will produced and the original that there was no will. So yes, like we've discussed, you know, if you have a will and you lie about it,

it's just like any other fraud you commit. If it gets discovered and there's a pretty good chance frankly, like they'll find the lawyer who drafted it or something will come up, you're screw. You're in trouble. It's fraud. Yeah, Okay, Now when it comes to this, how many times have we heard this? You know, my dad's will was perfect and then all of a sudden two years ago, he changed it. We never knew

anything about it, and everything's going to the housekeeper. Do they look at that, like, do judges have discretion to say that doesn't make sense? Or do they have to just Hey, it's the will. It's the will. Oh no, that's you know, there's that's the one I just mentioned. It'd be undue influence? Was this housekeeper? And how do how do you prove that it's litigation? I mean, you have witnesses coming in you you know, we we do discovery and it's just like a civil litigation process.

So so the kids say, wait, he didn't want everything to go to the housekeeper, or he wasn't in love with that woman, or he didn't mean for his gardener to get his car right correct. Yeah, And then we were looking at like, well, what was the relationship, how did this happen, what were the circumstances under which it changed, who was involved in it? All those kinds of thing. But you see, I find a state law fascinating because of this reason. If it's not made right

and clear, everybody suffers. Yeah, Ambiguity is always a problem for what we do. And that's you know, where people are doing it on their own or people who would just haven't been through probates before and don't really understand.

You know, we see people do things and they just don't anticipate all the potential other plans that can be Now there's something we've talked about in the past, and by the way, people we don't have to talk just about a state, but there are some fascinating law when it comes to estate planning, and so many people put it off. But there is something that I've always said that I was a bit wrong or I didn't add enough to it.

Here's what I said. If your dad or mom, or aunt and uncle or anyone who has a home, they bought it really cheap, and they die and they left it to you. The date of death is the date of valuation, so you get a stepped up basis. So they bought it for fifty grand and it's going to sell for three hundred. You want to get as close to three hundred for your basis as possible, so on the day of death that that house is worth three hundred. Theoretically you get

it at three hundred and then you can sell it at three hundred. So if it's worth three hundred and you sell it for two hundred, do you get a loss? You can actually take a loss, say take the lot. Yeah, So I think it's going to apply against other capital gains. I don't think you get a rEFInd of your individual. Okay. So if I inherit a house and on the date of death it was two hundred thousand and I can't sell it, who's to say I'm not manufacturing a loss by

selling it less? Yeah, I mean the irs could challenge that. It certainly could. I mean, it probably is gonna or I sell it to my kid, or I sell it to somebody else. Yeah. People try and do that. They sell the house for a buck or maybe something well or whatever or whatever and say, well I sold it. No, anything less than fair market value is going to be considered a gift now, Okay.

So the last question, or the one item I wanted to say, is when you get that house on the day of death, if you don't like that value, can't you wait and take an alternate date of isn't there an alternate date? What tell me? If that's the part that I just found out about, what is we're going to talk about that coming up? I'm Tom Martinez. So in other words, we always say date of death value, date of death value, but actually not so not all the time.

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going on? Hey? How are you? Tom? Devin? Did I meet you before you did? When I was like eight or ten down to lot and didn't I meet you up at your house? When I went up there? With Is John? Your dad? Yeah? Jones my dad? You might have met It was either me or my brother. I remember, well, your brother John was the older one. That he was also in car sale. Okay, now let me explain this to people. Devon is the grandson of Dave Rothrock, who is the founder and owner or was the

founder and owner of A Rocki's Autos. And Dave was I think Dave was a marketing genius back in the day when he did this. At one time, these guys were selling six hundred cars a month. They were one of the largest used car dealers in the country. I think what happened, and you know, I represented, of course, I did commercials for your dad or for your grandfather, and then I knew your father as well. And yeah, your father's incarcerated. It's a sad story. Your other uncle,

I guess, committed suicide too, didn't he. Yep, and he did that. It's a tragic story. I mean, Dave Rothrock was a hard working guy man. He just worked his ass off and he had two sons, and one son tragically committed suicide. I believe it was on Father's Day. I mean it was terrible, and and he was he suffered from depression. Your dad was a good friend of mine, I mean he really was.

And and your dad I went up to the house, and you know, I don't want to get into too much, but your dad probably suffered a little too, I think, because he later on went to Arizona and got into a shoot all this is public knowledge. He got into a shootout with police. Yeah, and that's sad. I mean, he was trying to commit suicide when my parents got split up, and and yeah, he got addicted to prescription meds and yeah, it was just yeah, a midlife

crisis. Yeah. And so what he was hoping is the cops would kill him, and they didn't kill him, and he went to jail. Do you ever get to see him, Devon, Yeah, I see him once a year. You know, there's not really good medical care in prison. So he's he got shot twice. He's in a wheelchair. Now he looks pretty old, but he's in a wheelchair. So he was he was paralyzed by the police. No, just he was shot in the ankle, so walking's hard. And then he was shot in the back end. He only

has one lung because the bullet like collapses long. It's amazed, it's amazed he didn't get killed. You know, my heart goes out to Devin. This is a tragic story, and you know what David wanted nothing but the best for his family, and he worked it. Like I said, he worked his ass off. And David died. Did your did your step grandma die? No, she's still alive, Okay, still alive, and she had a battle with cancer. She had a battle with cancer early. So

so you guys have been through it. How is your mom doing? She's good. Her her parents were just killed in a car accident in Texas going uh to Texas about a year ago. But she's doing good. And my sisters is doing well. Now I know you have some mistake questions because I imagine, did did your granddad have a will? So he h yeah, he did. No, he didn't have a will, and there was a reason for it. So there was a prenuptial agreement without a will. Wait,

a prenuptial agreement with who my step grandmother? Okay, And and then he was going to I assume bomed when I talked to him. I mean, he never told me directly, but you guys were everything to him, his grandkids. Yep. And I imagine, Devin, I imagine he left a sizeable estate. Yep. Now did you have don't you have twin sisters? Yes? And then you have your older brother John. Okay, so what is your question for Dan McKenzie. Well, so there's two things.

There's a holographic will that was written, the signatures don't match. There was a prenuptial agreement. At what point is it better to kind of do a knockdown drag out where you do the whole probate thing and go through the court process or and Joe, well, are you saying that? Are you saying that David's estate has not been probated yet? No, it's in the process of going. But it's also in the wh who opened the probate? Who

was his personal representative? It would be the lawyer for the company, mister Miller. Now, but the lawyer is the personal representative. And there's a will. And does mister Miller believe the will is accurate? I think she it's like half accurate. There's things that are wrong with it that won't stand. But there's things that how old is that will? About seven or eight years old? Okay? Now, in general, did David leave everything to the grandkids or to his daughter in law, to his son in prison?

I mean, how did it work out? Yeah? So in the prenuptial agreement everything went to his grandkids and son. So your dad, your dad, and you and your siblings correct, okay? And what's is anyone challenging that we are after the fact when my dad goes to prison, there's a history with him and uh, the step grandma that she wants to cut all of us out, so on the area. Wait, so your step grandma she wants to take everything for herself? Is she not recognizing the will?

The will not they're not recognizing the prenuptial agreement? Because okay, so does the will? Does the will leave everything to her? The will says that it wants the prenuptial agreement voided. Okay, And did anyone witness this will? There's two so it's like I said, it was written on it. So it's written on a notebook paper and there's two different sections to it. So the top part was not witnessed or sign the bottom part was, which

says my dad gets this and this. So part of the signatures don't match my grandpa's signature, which both attorneys have agreed upon. And they're just at this point trying to just get it, get it settled, instead of dragging it through the leader and your step What is your step grandma's first name? Darlene. Yeah, that's right, I forgot it, Okay, Darlene is she So she has an attorney, she lawyered up and she's basically challenging the

prenup. That's right, all right, hold on because Dan McKenzie here has been taking mental notes and he'll answer all of your questions and he's rather good at what he does. So hang on, Devin, and we'll come right back to you. I'm Tom Martinez. We got more coming up on the Troubleshooter Show three oh three, seven to one to three talks seven one three eight two five five. Pro Bid Energy for your solar needs sales service installation

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Frank Trant the real Estateman dot com. Hi Tom Martino, your troubleshooter at three O three seven one three talk THREEO three seven one three eight two five five. So, Devin, thank you very much for calling. And uh, we have Dan mackenzie with us in a state planning attorney and Devin is just saying, you know, what does he do. He's in the middle of all this, he and his siblings. Uh, and uh his dad who is in prison. Basically, Devon's granddad was the founder of Rockies Autos,

Dave Rothrock. Dave worked his ass off his whole life and had a giant of state. And he supposed they had a prenup that said, you know, I'm not leaving my wife much. The kids are get everything, or my son and his kids. And now she's challenging that because she said there is a will that was written after that, and the will negated the

pre nup. And I guess Dan mackenzie, attorney at law, if in fact they had a prenup, he could write a will that would negate it, right, I mean, that would be his right to do that, as that's usually how that works. You have the prenup agreement with your spouse saying, we can write each other out of each other's plans or give less than we're required to under the state law, and then you would execute a plan doing that. If you don't execute the plan, whether a prenup qualifies

as a will, you just got to run through they qualify. Yeah. So now, Devin, are you and your brother represented devn Yes? Okay, so you have an attorney, right, yeah, yeah, everything should be sort of out. I guess. The main question was like, uh yeah, if you guys can I guess come to agree on things. It's better to settle it than just drag it out. Basically, now, now hold on, yes and no. I mean, if you feel there's fraud going on with that will, what are the steps there? And I mean

what he says, when does when is it worth fighting? I mean how how does? What would they do to go about proof of trying to prove that part of that will was kind of forged basically is what he's saying. I mean, an initial question is, let's say we knocked that will out. What happens? Was there a previous will leading everything to your family?

If there isn't. If no, there wasn't, so it would be so if you if you knock out the will, the pre nup isn't necessarily a will, but at least it at least would show his intentions toward his wife, right, Yeah, But is he allowed to disinherit her in a prenup? I mean, if that's what they said in the prenup, that's usually what prenups say. But okay, to see the prenup. And how long

were they married devon a good chunk of time. Twenty years? Yeah, So, so under normal circumstances, without a prenup, she'd be entitled to fifty percent of the estate, isn't that right? Dan? If he left a will leaving her out. If he had no will at all, then it's a different calculation. So if she has no let's say they knocked the will out, what would happen? Then? Under these we would go back to the previous will if there was one. If there wasn't one, would

either there was one then he died in testape? Then what does that mean? So under that, the spouse gets the first two hundred and seven thousand dollars of the person's estate and then splits everything above that fifty to fifty with the kids. Of the person who died, So really, yeah, and that could be a lot, that could be a lot. Yeah, but it's fifty to fifty after the first she gets two hundred plus fifty percent. Yeah, that's if Devin, there was no will. In other words,

if you negate that will and call it quits. Now, can ken a judge actually picked part of the will and say this is genuine? But this part doesn't look genuine. Can you actually have part of a will? Uh ruled? Uh? You know, not genuine? I don't think so. I don't. I've never heard of that. And Devin, are you saying there's there's obviously two parts to this will and he signed one, but do you think the other was added? I get added later at a different date,

added to the note after he passed away. And there's no actual physical copy of it, just a picture. Really, just we'll get it figured out. Well. Listen, Devin, I really appreciate calling, and if you ever need anything else, you can call us off the air as well. Three h three seven to one three talk. Here's the deal. What I'm saying to is, point blank, if you think there's fraud, you

usually it's worth going after because and then and thank you Devin. On on this topic, you said there's a picture of it, not the original. What happens then, I mean, that's treated like a copy. So Mike, I said, if you only have a copy, like they'll throw it out. It was destroyed, Devin. If all they have and all Darlene has is a copy, they will call it. Uh, they'll presume it

was destroyed. Now the personal rapp can still put forth evidence saying look now they're really this is this definitely was the will It gets messy, It gets messy, all right? Three oh three seven one three talk seven one three eight two five five. Carla, you have a question about an EV rebate? Yes, what's going on? I bought a plug in hybrid hundred plug in hybrid in November and counted on the five thousand dollars rebates from the state.

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Let's go right to the phones. Mark. You have an issue with concrete. What's going on? Man? Oh man? First of all, never pay in cash ahead for a concrete Oh. Now, you know what, I'll tell you this concrete is a real challenge to do it right. And here's the problem. To do it right take so much prep and grooming afterwards that I believe people cheap out and therefore they're hiring people that can't possibly do it right for that price. Now I'm not saying that's what you did,

but tell me about it all right. What I did was I contracted, I entered into a written contract June twelfth of twenty three to create two patio extensions from my current backyard patio going outward and to contact with four raised gardens four x eight x two and some stairs that go down to the lower deck. Portion with who'd you contract with? I contracted this with Horizon Roofing and

Concrete Services of the aka Joe's Roofing and Paving. Okay, Joe, So it's Horizon Roofing and Concrete, yes services, right, and then they also have a DBA Okay, So what happened, Well, what I did was when I contracted him. He says, well, I'm going to need about a third up front. If you're pay in cash, I'll give you a great discount because I have Mexican workers that I can pay without having to keep records and so forth. And I'm going, well, that's fine. How

much is the discount and how much is the price? So he quoted me at thirty thousand to do the two decks. That sounds okay. Hold on a second, let's come back to you. I'm hoping we can do something for you. And again, this is not unusual. We've handled them before. I'm Tom Martinez. We also have a follow up coming up with Deputy Chopper and an RV issue. Let's talk about all of it. And your problem's coming up. Yeah you need who you don't have? Come a running

just the status. Yeah, Shooter's gonna help coming man. This is the Troubleshooter Show. No Tom Martino, Hi Tom Martino, Your Troubleshooter three O three seven one three talk three all three seven one three eight two five five. Welcome to the show. Denver. Regen dot com, by the way, is doing hair replacement with this special stem cell therapy. They're having great results. They're also doing, of course, semi glue tide compounded for a

weight loss at two hundred and fifty bucks a month. That's Denver Regen dot com. Hey, I just found out for my YouTube morons. Then I looked it up. Tyson uh said he's not gonna fight Jake Paul, and Uh, Jake Paul some YouTube guy that got to be a great boxer. I guess he's really good and beating the hell out of people. And then he and Mike Tyson hooked up a match that was supposed to happen in July. Mike Tyson says he hasn't been able to train because of a health scare.

He calls it a postponement, not a cancelation. But in any case, I guess this Jake Paul is really some kind of sensation. But he claims not only is he going to beat this guy coming up that replaced Tyson, he's gonna beat Tyson as well, and then he's gonna go get McGregor. So he says any kind of fighting, he can whoop anyone. And I have not seen him fight. Has anyone seen him fight? Have you seen him fight? Scher? I mean I I h Shannon, Have you

seen him? I haven't seen him. Three oh three seven one three talk seven one three eight two five five. So we're talking to Mark about a contract he had with a concrete guy. So, Mark, where did we leave office? So this was June of twenty twenty three. We're coming up on a year, right, you know? Yeah, passed a year? And did he ever pour it? By the way, No, what he did was he had a guy come out and demolish my backyard and compact some of the soils and that was it. And wait, so when did the

guy come out and prepare the ground? Oh, maybe about a week and a half after we signed a contract. And what did he do? Well? I believe this guy is a subcontractor for other Yeah, but what did he do? Came in, he pulled out all my railroad ties, removed and demolished any shrubs and bushes from side to side. But after that, no one else came back. No, sir, Okay, how much did you pay up front? Eighteen five hundred? Oh my god? Yes, So what does he have to say? What is the guy's name you're dealing

with there? This sounds like sleeves Brigade? What's the guy's name, His name is Joe Perkowitz. Joe Perkowitz. Yes, And what does Joe Perkowitz say about this? Well, he says, well, I didn't realize when I went out of state that my foreman went and took your money and gambled it away up in Blackhawk. So who did you pay the who do you pay the money to? His foreman? And you did pay it to him? And and yes, and this guy is saying he gambled away, so

it's not his problem. Well, he is assuming the problem. And here's what his agreement back to me was, which is I think is just lips orervis. But he said, I'll come back and for the remainder, I'll finish all the cement work, and for the remainder of what you owe me, which is nearly ten thousand, he says, and you don't have to pay me until it's all done. And he says, I think I can get it done, maybe June or July of twenty four. And so I

said, well, okay, can't you give me a specific date? And he goes, well, I've got to reassemble my crew when I get back. Well, tell me this, what harm is it to let him try. Well, the thing is, I don't believe him anymore. He doesn't answer my phone, and so I filed a complaint for him with the State of Colorado, who they said, you have certainly have a legitimate civil case here. Yeah, and he said, so are you going to court about it? Joe answered my call, say again, and what's happening now?

Nothing. I can't get a hold of him again. I cannot get a confirm a date. I'm very nice to him every time on his message machine, but I never get an answer. Does he have a website? He does, but I think it's down now. It's called Joe's Roofing and Paving dot com and it's all spelled out Joe's Roofing and Paving dot com. Now he's probably out of business. Yeah, this isn't going through. Yes,

he's taking it down or he didn't pay for it. Oddly enough, I decided to go up to the address that he had up in Golden to just knock on his door. Yeah, and I was met with his landlord sweeping out the last of his dust, saying that he was evicted for non pavement and he abandoned his truck up the street. You got screwed, drub, you got screwed? Here? How do I get it over this? Well? I mean, listen, you you made a big mistake. People do it all the time. I mean, where'd you find this clown? Well?

I vetted him off of five people that offered the job. Wait a minute, and does what do you mean? What do you? How do you vet the guy? Tell me how you vetted him? Well? I found him online and I saw you vet him. I looked him up. I looked him up. Hold on, you you looked on online reviews? Online reviews, Yes, online reviews. There are none, so so hold on, there are none? So where'd you find the reviews? What do you mean? Not? Now, he can't take him down. He didn't

take him down. So they were just on his website and nowhere else. Then? Okay, so you didn't vet him? Did you talk to any references? No? What does vetting mean? No? No, I don't mean to give you a hard time, bro, But what does vetting mean to you? Talk to the guy? Well, talk to him and look him up and see if you can. You didn't look up at Okay, where'd you look him up? That's what I'm asking? Where did you look him up. There's no reviews about him except bad ones. Where did you

look him up? Only online? Wherever? Okay, tell me where I'm trying to find out because I can't find him. Tell me where you looked him up? All right, Angie's Angie's List, Angie's list, and hold on, hold on. That's not vetting someone, that's selecting someone. So how did you vet him off of Angie's list? This is where you found

him on Angie's List? Yes, I believe I did, Oh my god, but yes, improper vetting and pay well, there's no no, there was zero vetting and zero sense to put to give eighteen thousand dollars to someone up front is absolutely ridiculous. I am so sorry, but I don't think there's a chance in hell you're going to get this money back. Do you have money to finish I have money to finish it, I don't mean to finish it. Do you have money to do the job? Not accumulated right

now? I have to save up again. I'm so sorry for you, man, I really am. I mean, I don't I'm not angry with you or anything. It's just too bad that people do this and they trust these clowns. It is, it is, It's terrible. So have you looked up? I mean, Hector tried to find this guy at all. Well, do you have a phone number? Yes? I have a phone number. Does it still work? Yes? It does? What's his phone number? Seven two zero seven eight to one eight two five three? And

does he answer only an answering machine? When I called the state, they answer, He answered them. And then after the State called me back and said, yeah, I talked to him, and you should try to give him a call. So I called him and then he answered. At least he answered, and we talked very nice. When was last time? When was last time? You talked to him? About two months ago? And he was going to come out and finish. Yeah, he was going to

have assemble a new crew and come out. And for the price that I paid him. He says, I can't just give you a refund. He says, I don't have that resource, but I can. You know, I can come out and finish the job and charge you for the remainder of the contract. Hold on a second here, let's hear hold on. Okay, All right, well, this is Tom Martine. You're live on my radio show because you're ripping people off, you scumbag. Joe Perkowitz, you're

ripping people off. What do you have to say about that? Mark paid you eighteen grand and you didn't show up. We're coming after you legally. We're going to have you arrested under the contractor under the Contractor's Trust Act. What do you think about that? Joe? Hell? Yeah, what do you think about that? This is Tom Martinez. You're live on the air, and you paid, You got paid eighteen thousand dollars up front from Mark and he didn't get anything. I don't know who you're talking about then,

yeah, right, scumbag? Yeah? See is that him? No? Is that him? Yep? That was him? Yeah. Well, at least we got through to him, didn't we. Sure. See he's blocking mine he's either blocking or filtering my number so that he knows who's calling now. He won't answer, of course you won't. No. Yeah, this is Tom Martine. You're live on the air. We're letting people know what a scumbag you are for ripping people off. Are you going to come through

for this guy and give his money back? Who are you looking for? I'm looking for you? Talk to him, bro, Talk to him, go ahead, talk to him. Mark, Joe, come on, give me a confirmed date and tell me that you're coming out and finishing my work, because I'm getting tired of being put off. Do you hear, Mark? Hello, you took eighteen thousand dollars from Mark and you did not You did not finish this, You didn't start his job as concrete. Hello, Yeah, we're here man. Hello, Hello, what's going on? Joe?

Joe Perkowitz? I'd him call him right now? Mark? Or is he blocking your number from my cell phone? Yeah? I'm gonna let you go, and then you're gonna call us back. Call him right back, call him, he'll answer, go ahead and then call me back. Three all three seven, one, three eight two five five. I am so tired of scum sucking pigs. I'm so tired of people getting ripped off. And you know why, because that that is what our society is now.

People get ripped off, and nobody cares. People shoplift and nobody cares people steal, nobody cares. Okay, I'm going to answer. Yeah, this is Tom Martine on my radio show. What's going on? Hello? Yes, Hello, how are you? Yes? Yes? I can so Mark wants Okay, I'm sorry man, Okay, listen. As I said, I'm calling for my radio show. We do a consumer show where people call in with problems and Mark, are you there? Mark? Is Mark still

there? Mark said, he paid you eighteen thousand dollars last year to have Huncreek Port in his home, and uh, you have done nothing. You sent the guy out there and the guy tore up the ground, but you did no work. That's that's that's untrue. That's untrue. Mark didn't pay me anything. Mark had a team to go out there and they came across an agreement and they so that guy wasn't yours. That guy wasn't yours. That he paid guy. That guy, uh, that he made an agreement

with. It has another name. I don't know what his exact name is, but Mark knows the name. So that guy didn't work for you. God. No. He gave him my business card and he drove my business truck because he stole it off the street. And I've already done reported it. So hold on, Mark. This guy is saying he's a victim. Joe is saying he's a victim. Here Mark, I have never met Mark in my life. He Mark Mark Mark, Mark, Mark, have you ever met Joe? Yes, he came here with Scott. He met No,

he never met me. He met some other gentlemen. He knows their names and uh, and he gave those gentlemen some money to repair his background. So those people did not work for you. No, they did not work for me. They stole my work truck. And in fact, Mark still has my tools out of my work truck that they stole, and that

he stole out of my work truck. And in trying to recur some of his money, I'm not sure exactly I told him when I come in fun, I have no problems to coming there and talking to him in person, and he'll see that he has never met me. He has Whoever he dealt with is who he dealt with. And I'm nice enough, you know so, Joe, you swear to God, Joe, you have never met Mark before. I swear to God. I've never met Mark a day in my life. He has met other gentlemen that has helped him. Did other people

did other people say they were you? Uh, it's possible. My name is all over my truck, my phone number is all over my b did they Hey, let me ask you something Joe did they did you have these guys arrested? I have pushed charges already. I have recorded my truck stolen. I have recorded my tools stolen, which Mark has already told me he had. I've done everything I can Mark, Mark, Do you believe Joe here or does he sound familiar? Does his voice sound like the guy you

met? Yes? Well, are you sure of that? Yes? And if I see a picture of Joe, I can identify him. But Joe says that I stole take tools out of his truck and that I'm not correct. We're just to Joe. We're just trying to help a guy out that spent eighteens man, I could imagine. And I know of this. I know of this story already. I didn't know it was quite that exterior amount. What's the guy? What's the guy's name that took the money? Get? What's his name? Do you know? God? God, I'm thinking

of his last name. You know, I know him as Scott. And Scott never worked for you? No, No, he did in the past. He was fired and he came back and stole my work truck and uh and and and that's how it's been. And I didn't know how long he had it and how long he was doing all this before I actually found out that the truck wasn't in the art truck by the way, Tom. This truck was abandoned by Scott's house that got evicted. And when I went to

Mark cultures of his truck, I saw robbery in progress. Some kid, yea, but that has nothing to do with Joe. That has nothing to do with Joe. I stopped the robbery and and go ahead. And what happened of the tools? I told Joe, come and get your tools. The least you know, Joe, I'm just saying something. Joe here could be telling the truth about Scott ripping him off, especially if you've never met him before. Hey, Joe, are you on? I here's what I want to do. I want to do a lineup of photos to see if

he can pick you out. I have no problem with that. Okay, could you if you could do me a favor? Now you don't have to do anything, but if you could do me a favor, and you can, if you can email us a picture, I promise you I won't show it to Mark until I put it up against other pictures. I swear to you Joe, I don't know about that. I got Mark information and I

could send Mark the pictures that he knows. Yeah, but if you said, okay, okay, Mark, why don't you call Scott off the air right now, call him off the air and have him have him text you a picture because he swears he's not the person you dealt with. That's right, that's right. And he knows that he knows who he was talking to, and he dealt with them. From what I've learned, he dealt with them quite a few times, Scott and Vincent, both and Leo. But

he had the contract under my company's name. So I told him I have no problems when I come back in town this summer and coming back to the project and meeting him in person and going over exactly what was done and exactly what is needed to be. From what I was told, they did do some work. And I'm sorry that he paid more than he should have, is what I is. What I'm getting to, the determination here that he shouldn't have gave as much as he has, assuming that he should have gave

them because obviously the some work was done well. He said, they tore up the ground to get it ready. And here's the other thing. He said he has ten due when the job is done. So okay, that's good. That's good because that leaves us some money to fix this job. And he also came up with a simpler format to get this job done. So I don't, uh I lift the boiling water on here. Okay, I'm gonna let listen. I want Mark to call you and get a picture.

Mark, why don't you let's give him the benefit of the doubt until we find out differently, because he's saying he was ripped off. Hold on and we'll do that. Listen, Thank you, by the way, uh I appreciate that. And then let's just see what's going on here. I want you to call him right now. Three zero three, seven to one three talks seven to one three eight two five five. Do I owe you a break here, Shannon? Did I not take am I overtime? Okay?

More coming right up. Jordan Cano is going to talk about the event this week Thursday. That's Thursday night, six point thirty at the Sheridan DTC. Go ahead, Jordan, tell us what's in store and people I want them to know something they're not going to be You're not going to be there trying to sell them stuff, tell them what we're going to talk about.

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charge. So the number is three oh three seven seven nine sixty six hundred. It's coming up and just two nights. That's Thursday night. That's three oh three seven seven nine sixty six hundred. Seven seven nine sixty six zero zero. Now I want to tell you about an attorney law as one of our experts on the show here for personal injury, and that's John Fuller Fuller Law. Now you've heard me talk about John and what he does for consumers

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He will give you his cell phone number that you can call her text at any time. He believes in that personal touch when it comes to personal injury. Notice the Fuller difference three oh three five nine seven forty five hundred five nine seven four or five zero zero my accident lawyer dot co. Hey, I'm Tom Martine. You're a troubleshooter. Three h three seven one three talking seven one, three, eight, two five five Mark, I want Mark to call I'm gonna I'm not taking Mark. I want Mark to call him

off the air. See what we can what's that? Oh? He did? I'm sorry? Okay, there you go, Mark can go ahead. Yes, did you talk to him off the air? Yes? I talked to him off the air and he says, oh, so you went behind my back. And he says, we had an agreement to do this. Uh. Yeah, but that doesn't mean it was him. He yeah, he told me that he he was going to work out something with you. But are you sure that is the guy that you have previously met with?

Well, if someone else was impersonating his names, then then I don't know his face. But but what about his voice? Usually people, I mean it's you. I would know if I had met the guy and talked to him before by talking to him right right and I talk, Well, how would I get him started? I don't know. No, what I'm asking you is does the voice sound familiar to you? Yes, sir? Does it sound familiar because you've talked to him before on the phone or from when

you met him in person? Well, if he had someone impersonating his name, and saying he was Joe when they came here. Then I was I was spoofed by this contract. I guess, I guess. I guess I'm not getting my point across. When I talk to someone, I can tell if I talked to him again, unless they disguise their voice or something. But right, does that make sense to you? Italian guy, does that voice sound familiar to you as someone you met? Yes, yes it does.

It was Joe. Perkwitz is an Italian guy, and this is an Italian guy. Perkowitz is not Italian? What are you kidding me? Perkowitz is not Italian. Okay, okay, listen. I want to help you, but I want you so listen. What he was saying to you is you went behind my back, meaning you know I told you I would take care of it. This guy might feel like I don't know if he's telling the truth or not, but he's claiming he never met you before. I

mean, that's a pretty ballsy statement. He said you wouldn't even be able to pick him well, and you don't sound so sure. To be honest with you, you don't well. I think I've been deceived in more than one way. And I don't. You've probably been deceived. I don't know by who, but you probably have been. The thing is, did his employee take the money while he's out of town and poses him to get money that's not unheard of. Or did this guy subcontracted or have an employee do

it and then once the money's gone, they he plays stupid. I don't know. Yeah, I don't either. I don't know how cad Okay, what you have to do is get an eyeball on him and see if you've at him before and he's the guy, if he's the guy you met, then we need to you need to take in the small claims court. No, no, no, that's eighteen grand. You're not going to go to small We need to pursue the Contractor's Trust Act. But you're not going to

do it if this guy just denies ever meeting you. So somehow we need to find a picture of this guy, and we need to figure out if you know him or not. Somebody go on Facebook, start looking on the internet. Man, Joe Perkowitz. And that's not Italian, just for the record, but well appreciate that. I mean, I mean it's not no

Italian. I know that's named Perkowitz. But what I would do well, I'm I'm probably wrong, but I mean the guy that I met was the guy that presented himself as Joel. When they came here and I had handed a down payment of five grand two in cash, he took it. And I have a new shill on his contract here, uh that they took a down payment and then the further the second down payment was taken by his contractor

Scott or Vincent. I don't know which one. Well guess what on on on the Better Business Bureau, he's got an A plus and a five point five and five reading. But you know you'll see my comment in there too, because I went to you know why, because the Better Business bro They are a bunch of dinosaurs too. I mean, they don't know good from bad. They're the biggest joke. I swear to god. I can't believe they're still in business, ripping companies off with membership fees. I just can't

believe it. I'm trying to find something online. Go on Facebook and search for this guy, man, I mean, are YouTube morons. YouTube morons, do some searching and okay, call us back, man, Go on Facebook, go anywhere. Let's try to find this guy. I mean, he is saying you never met him. I'm wondering why though he didn't send me a photo. That's the part that bothers me. He wouldn't send us

one three oh three seven one three eight two five five. We got another follow up here with Milton, but man, I got to take a break. I'm running behind time. People are pissed off at me. But bottom line, we want to fight for you. Eight eight eight. Heating dot Com they want to take care of you if you have a problem. They're honest and value. That's what they believe in, honesty and value. When it comes to your air conditioner, they do high efficiency units as well to

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arm problem, trying to find the original call. Deputy Chopper took care of it. And what was the original issue here, Let's just remind me and I'll find the call while I'm talking to you, guys. Go ahead, it's on May twenty third. He bought up got it? Oh, I found it okay US Class C motor Home JCO Redhawk. I remember this and the dealer was in Texarkana. Ninety Granny paid for this and waited for the power converter to be fixed, right, and so what's the big deal?

Now? What was that all about? Did they fix it or not? Not? Really, Tom, I get to the gong show. I can't do anything with this. He's going to tell you about it. It's full of rust. This is one of those they're pointing fingers at each other and no one's willing to have it. Wait a minute, I didn't hear about the rust hold on? So oh, I remember the faulty ground wires because

it was rusted on the frame. And he thinks it's been in a flood, correct, But the dealer thinks it got sought on it or something when they drove it down here. Okay, so are you there melting? Hey? Time? Am I own you are now? Sir? Yes? Okay, yeah, No, I don't think it was in a flood. I think it ran through Madclaw Ride or salt for road salt. In fact, I even checked the weather. This thing was delivered on December nineteenth of twenty

two. Yeah, but what's wrong with that? Then there's nothing wrong with it if it ran through outside elements. Well, I mean that's not their fault, right, no, no, no, no, but but but what happened. I checked the weather from the factory down to Texas can and it was snowing almost a whole route. Okay, they had light snow that whole that whole day, and and the weekend before that, because they probably picked it up on Friday and drove it down over the weekend because it was

delivered on Monday. But if they ran through Madclaw Ride or road salt and all the stuff got coded underneath it, and then it was parked for over a year and it never got washed off. There's enough humidity in Texas Cana the rest this thing just like it is. That's what I think happened. I wasn't there, I didn't see it. I can't prove it, but I think if I took a sample of that white stuff that's on there right now and brought it to a chemist, he can probably verify that's what it

is. Well, I don't think they're doubting it, right Jopp. Or they're not doubting it drove through weather, that's what they're saying. The problem is no one knows how to fix it or wants to fix it. Well, Jaco is the manufacturer. I bought a brand new unit. I went to Texas, Cana to get a deal because the twenty fours had been out for months and they were discounting the twenty threes. That's why did you buy it direct from Jacob No? I bought it from the deal a greg R

Marine an RV in Texa, Caana. Greg R. I felt confident in doing that because it's a brand new unit with the Jacob No. I get what you're saying. It's brand new, but it had been exposed to the elements. It's really no different than a brand new car. They take and move around the lot and it sits there. And if it was, it depends on how bad this rust is. I mean, is the frame rotting for God's sakes? Or is it just surface rust? Oh no, no,

it's the drive chef is pitted. They're spots in the frame that are pitted. All the springs are rusty, the power unit, the hydraulic, the electric motor, and the hydraulic pump for the for the leveling jacks. This thing looks like it's been sitting outdoors, you know, for years. I mean, like I said, on the top side, it's beautiful, but underneath this thing, it looks like a car has been sitting in the junkyard for five or ten years. I mean the report that I sent to

you guys, that was done by another RV shop. The guy stated that it didn't look like it had less than two thousand miles. It looked like a used vehicle a little over one hand thousand miles, and it's his opinion that should have never been sold as new. Well, listen, man, if it drove through one storm on delivery, it's hard. Why would somebody say it looks like it's one hundred thousand miles because that's the way it looks. I think I sent you some pictures. Yeah, but they didn't show

much. I mean they really you can't see how what would it take to sand it or to be blasted and to recode it? Okay, and I've got one estimate right now. I I sent the gentleman pictures. I've used him before. I think he does really good work. Empire truck. He's up in Commerce City. Well tell me what will it cost? He didn't actually see the vehicle yet, but then what did what would have cost?

You know? Okay? He sent me an estimate for fifty two hundred dollars sit unseen and he's going to have to wash it first to get the all the salt office. Well, sure, they have to put it up. They have to put it up on a lift, They have to powerwash it, and then they have to probably be blast some of it and then recode it. Yes, and he says depending on the break lines. Break lines are really rusty. He says, they may have to be replaced. It

demands on how deep the rust is than those. The drought shaft's going to have to be pulled and rebalanced because this pit is so bad. I'm not sure are you there? Are you sure they're not just exaggerating that? How can this possibly happen from simply driving around? That's what motor homes do?

No? But Tom, what? Yeah? I mean you can go drive motor I'm driven rbs through the snow for since I've lived up here in nineteen eighty nine, I've never had this problem because eventually you run through some water that's going to wash it off. It doesn't get parked with this, you're saying, the problem is is that they drove it and parked it for a year. Yes, they never cleaned the bottom of it and it never got on the road. With any kind of water on it to wash your stuff

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Tech dot com three oh three four five five seventy two forty two. Hi Tom Martino here three oh three seven to one three talk seven one three eight two five five. Randy has a comment on Milton's RV that had all that rust and everything. What's your comment, Milton, I mean rober Randy, what is your comment? Well, I would guess that's probably on a Ford cap chassis. I would think Ford or the manufacturer if that's that's what's rusting.

You got to go back on them for Warney because they undercode it and guarantee against RUSS for a period of time. Now it's the coach body then that would be Jacob. That's a good point you're bringing Milton. What kind of frame? What kind of a drive train is it on? Yes, it's on a Ford and it is a twenty three. What does Ford say about it? Like, well, I haven't brought it to Ford. And

you know what, that's a good Randy's got a good idea. Okay, Actually drag out your warning Manuel and see what it does on warny for people our hires are Are there rb people that are hired to come out here and look at it? They are a Ford dealer and but you okay, well you ought to talk to Ford if they I don't know if they have a warranty on rust and on the undercoading and all that, but you ought to

check it out. That's one thing to try. I'm Tom Martino. We have more coming up on the Troubleshooter Show three oh three seven one three Talks seven one three eight two five five. Get your calls in. Yeah, Ripped up News didn't need advice, so you don't have the You'll come running just as fast as we can. Shooter's gonna help come man. This is the Troubleshooter Show. No Tom Martine, Hi Tom Martino here three oh three East seven to one three talk three three he's seven one three eight two five

five. We've had a lot going on here, ladies and germs and UH here to help you any way we can do it. So let's go to the phones and uh and see what we can do. Three oh three seven one three talk three oh three seven one three eight two five five. I have Dan mackenzie with me today for mackenzie Law Firm. We're talking about McKenzie Law and we're talking about estate planning as well as other stuff and some of

the notable calls today. We've had a lot going on, and really we've had some famous family uh from Rocky's Auto's grandson called in about their estate there with the granddad founders of Rockies deceased now. And what happens when you have a prenup that seems to conflict with a will? Does we will take precedent over everything? Dan McKenzie, is that's a fair question. A prenup and

a will, how do they jive ornachive? Well, the prenup is just an agreement between us, between two spouses, so it's not really a statement of your testamentary intent. It's just saying we agree, we don't have to include each other. So if you said in a prenup that while my wife might be entitled to fifty percent by statute, she agrees to take ten percent, can you actually say that? Can a wife can disinherit herself? Can

she agree? Okay? Yeah, okay, yeah, okay. This is very common where people have separate kids and they come and come to the marriage with their own assets, So they can say, in this prenup, you agree to take ten percent or nothing of my estate. You can actually okay? And then you can say, my intent is to leave everything to my two sons. If you say that but don't do it in a will, does that pre nup? Does that hold any weight? Hold? Wait for

the ten percent for the wife, right? But it doesn't hold? Will it doesn't hold? Or do you tell me what would happen if all there was was a prenup? Yeah? I mean a will has very specific requirements. You know, it's got to say, it's got to show that it's reflecting the person's testamentary intent. It's got to be witnessed or notarized, preferably

both. It's got to be signed. I mean, it's it's got all these requirements that a prenup usually doesn't meet all those So usually the prenup is more of a contract, right, So it's not usually, and a will is not a contract. No. I often wondered, why do wills even have to be followed? Is there a law that says the will you know, when a person's dead, they're dead, right, but their will actually it it survives them. Yeah, it is an interesting question. Should decease

people be able to direct where assets go? And? Uh? And they can't? Yeah, because yeah, Now we talked about the date of death valuation. Right, when you have a piece of property of real estate, the day that that person dies, you basically have a freeze date where that is valued. So if they bought it for fifty grand the day they die, it's worth two hundred, then you sell it for two hundred. You're not going to have to go back to fifty grand and calculate capital gains,

right right, Okay, but there's an alternate date you can use. Why is that for volet more volatile assets? I mean like if you've got a stock portfolio, this person passed away, they have a stock portfolio, and then you know, shortly after they pass away, there's a terrible stock market day and it loses ten percent? Like, should the beneficiaries receive it? Should the a state be taxed at that higher rate? When it's like this

happened two months later? We you know, suddenly this event happened the stock market, those thing's worth ten percent less. So the IRS gives you two dates to choose from, and the PR personal representative gets to choose. So you can choose the date of death valuation or nine months later? Six months? Oh, six months later? And is it exactly six months? Yes? Okay, you're not going to get to what if you're waiting for the six months and things don't change the way you wanted him to. Can you

go back to the date of death? Yeah? I mean you wait the six months and then you get to choose between the two. Okay, yeah, okay, have you had people then changed to the six months? What if the if the house goes up in value during that six months, then you can, you can take the higher value. Yeah, no, that the rule is that it has to have dropped in value, and it has to be done because the estate is going to play a lower estate tax.

You know, we're not doing this to be like vindictive and stick people with you know, lower capital you know, lower capital gains basis. For example, like the personal representative cannot do this and then say, haha, you know I never liked you, brother, so I'm going to give you the lower capital gains basis. It has to benefit to the estate. So there's some very specific It's okay, it has to benefit the estate. Yeah, and uh again three zero three seven to one three talks seven one three eight

two five five. We can talk about anything, not just the states. But I do want to ask this is there and we've we talked about it before. I don't want to really exhaust this topic. But even recently, while I was looking into, uh, the law specifically because I was taking a test. I won't get into that, but the law was saying, you know, this is this triggers gift tax. This doesn't create trigger gift tax. For example, a five to twenty nine college plan. If you

start a five twenty nine college pen for your kids. That's tax deferred savings, non deductible contribution. But there's no limit to the contribution you can donate for your kids college, right yeah, I would have to look that at that and as long as that use it for college. Yeah, there's no tax on the earnings. Correct. Now, here's what I want to know. They said, is it exempt from gift tax? Exempt? Does it at? Does it count against your gift tax exemption? Do you remember or

not? I don't I did you just say that your understanding is that there's no cap and what you can put in there? Because I thought there was or was? It's such a high high cap. It's such a big cap. I could research that. Yeah, well, well we could probably do it in a minute here. But in any case, what is exempt from gift tax? Now, obviously when we talk about gift tax people, let's let's let's clarify this. Everyone has an exemption up to a certain amount before

you pay gift tax. And that is a big high exemption right now, it's up to like, what's sixteen million over thirteen million, over thirty So if you and your wife have an a state of twenty million dollars you can literally give every dime away and not pay a tax on it. Right now, if you go over your exemption, then you start paying tax. But they it even goes one step further than that. There are some things that

are exempt, which means they don't count against your limit. So if you want to preserve that thirteen million dollar exemption, then you give away things under a certain amount and they don't go against it. Yeah, okay, And a lot of people confuse that thinking if they go over that minimum amount they are taxed on it. They are not taxed on it. It simply goes

against your exemption. So you may have a thirteen million dollar exemption, and let's say you give away a ton of stuff and at the time of your death, you only have an eight million dollar exemption. And most people aren't going to be touched by this. But I bring it up for a reason because people go through extreme hardships sometimes to try to give stuff to their kids, thinking they have to do it that way to avoid gift tax. Do you often explain to people you don't have to worry about it. Yeah.

I mean, if I have five million dollars and I give my kid three million of it, right way over what I'm allowed to give them. I just have to report that three million of the irs. They're going to look at what I have when I pass away, and they're going to see, oh, he had well below the estate taxes. So do they keep track of your gifts above fourteen thousand years or sixteen thousand years? Yes, because you're supposed to report those in a gift tax return. And if you don't,

is there a penalty? Yeah, I mean it could cause big problems down the road. You can't hold the irs? Is pretty good it actually, even if you don't go above your exemption. No ill, oh yeah, yes, yeah, I mean there could be. Yes, they might look at gifts and so if you give away twenty rand, sixteen of it is exempt, and then you have to count four of it against your lifetime

exemption. Correct, correct, But this is per person. So like if my wife and I want to give we have four kids, we can give each of them the thirty two thousand bucks and give away one hundred and twenty eight thousand bucks if you wanted to without filing a gift tax return. If we give it to each of them, and all that happens when you file a gift tax return is you don't pay tax, it just goes against your exemption. It will count against your exemption when you pass away, and somewhere

somehow the IRS is keeping track of this. Yeah, so they'll know if literally they keep track of it. So if you file a gift tax return on your Social Security number and it says you gave away X amount of dollars, they have a calculator in the sky that tells you how much you have left I mean eventually, So yeah, I guess if you have to file it then state tax return eventually, Yeah, they're going to add that amount to okay, state, Matt, you have a question on an RV.

Go ahead, Matt, what's going on? Yes, sir, I'm just wondering if you all had any companies in the Denver metro area that you knew of. Did hail damage repair on a camping trailer an RB that that no any any dentless paint repair can do that? Are you looking for paintless dent repair or repairing dents in general? They won't do paintless dent on a trailer

because of it being the aluminum sighting. Wait a minute, oh oh, wait, when you say a trailer you mean like when you live in No, no, no, sir, like a look on RB a camping trailer, a thirty two foot okay, okay, no, I get so, like a camper trailer with aluminum exterior skin. They won't do paintless dent repair on that. No, okay, replace the panels. I understand that. Okay, they're saying to get behind it and do all that. It's cheaper to replace him exactly. Okay, So what is your question? Do we

know people that reside campers? Yeah, or that do the you know, to the reskin of them or yes, I do know people that rescin them and well you can go. I believe that Lazy Days does all of that. Okay, Lazy Days RV. Have you heard of lazydays dot com? I have? So is it any of them or just the main Well? No, no, they have to have the service facility, and I believe there's one. I believe. I want you to start here and if not, let me know. But I think it's up at well, I know

where it is. It's exit two forty and I twenty five. I have the number. And they used to be Sentry RV and they merged with they merged with Lazy Days, good people, and they're up at I twenty five and exit two forty. That's north of the city on Frontage Road. There they have a big beautiful maintenance of city and I believe they do buy work and stuff. And here's what you can do. You can call them and see it's three oh three four five three one one one one. I believe

I'm looking here to see what they say here. Uh, okay, they do chassis repair, they do interior remodeling, upholstery services, collision repair, dent repair, paint repair, roof repair. Yep. Now I don't know if they do that all at that one, but that's what their service facilities do. They could direct me in the right direction then, I'm sure they can. And and truly these people, man, they're like the biggest game

in town. They're all over the country Lazy Days. So call up to that north location three oh three four five three one one one one, ask them up there. Uh and uh yeah. And then as I said, if they don't actually do it there, they'll either have a sub they do it with, or they'll send you to one of their other locations. And that's lazy Teresa what's going on with you? Teresa? Welcome, Hi Tom, thanks for taking my fall? What's happening? Can you hear me? Okay? I sure? Ken yep, I can hear you? Great?

Okay, okay, great? Well, yesterday I received a letter. I have a condo in Parker and currently I am renting that, and yesterday I received a letter saying that the uh uh every owner is being sent five thousand dollars special assessment bill due to UH the homeowners association has depleted reserves. And are that's happening to Teresa? Let me let me give it. Let me

give you a simple explanation. In every homeowner in every HOA, in every single one of them, or condo association, in every single one of them, what there is is a normal monthly payment. People make their fees, their dues and all of that, and in every single one of the agreements it says if you ever fall short, then you can assess owners now.

People fall short sometimes just normal maintenance and repairs. Sometimes people fall short because they're paving a parking lot, and other times they fall short because they have a giant deductible on their roof damage and the insurance company will fix it, but you have to pay the deductible. So in all of those cases they go into their reserves and if they exhaust their reserves or if the reserves get too low, they have the right to assess owners. And that's what's happening

to you now. There are ways depending on what the assessment is for, there are some coverages for that. But hold on, I have to take this break. We'll talk about it. It's a very important topic. It's affecting a lot of people right now. No matter what, you want to take care of that air conditioner and you can increase its efficiency by thirty percent. Do you know that dirt is the number one killer and efficiency killer of your AC and your furnace. By the way, fixmihome dot com Fix It

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sixty six hundred. That's seven seventy nine sixty six hundred. Hi, Tom Martine here, three oh three seven one three talk seven one three eight two five five. Let's talk Teresa the HOA. So here's the thing what I want to tell you about is assessments are how happening all over It's a really bad time to own condos and town homes. And I'll tell you why insurance companies are pulling out they're not covering or the uh they're demanding extremely high deductibles,

or they have deferred maintenance these places because they're coming up now. They were all starting to be built around the eighties and now they're they're all coming up on extreme maintenance. But Teresa, depends what was your you? You I imagine you have insurance, but you can get loss assessment coverage, but only if it's an ensurable event. So and only to a certain amount. What are they assessing you five grand for? Uh? Let me see,

basically, Uh, there was an extensive roof placement. Yeah, now was it? It's done by insurance because of a storm that I'm not sure they said, also other significant maintenance. Oh never mind. Okay, okay, but yes, there was some winter storms and they had damage to several buildings. Well, here's why I'm saying this. You're not going to get the

maintenance covered. You're not going to get roof replacement coverage. But if you have the right insurance on your condo, you can be covered for certain lost damage assessments. And lost damage assessments are shortfalls where homeowners are assessed, but it's only for insurable events. So if it's covered by insurance and there's a deductible, this lost damage assessment coverage will kick in. And some you can buy it now up to I think twenty five grand, but you pay for

it, and some people have it for five grand or ten grand. Some people don't have it at all. So do you have lost damage assessment coverage? That I'm not sure of. I will have to look at what kind of policy do you have. Do you have policies if you were living there, or a landlord's policy. A landlord's policy. Okay, you could have lost damage assessment. You would look at your declarations page and it would tell you who is your what underwriter? Do you have what insurance underwriter? I

have a Colorado Farm Bureau. Yeah, that's hard to say. That's hard to say anyway. But it'll only cover the part if you do have lost damage coverage. It'll only cover the part of that assessment that's insurance related. Okay, that's all. It won't cover just deferred maintenance. Like if you move into a We've had many people move into a complex and they have to

redo the parking lot and they're assessing every homeowner eight grand for example. Well, that eight grand will not be covered by lost damage assessment because it's not a damage, it's a maintenance. There's a difference between maintenance and damages. Damages are from Damages are from storms and events a car runs into the place or whatever, but it's not due to deferred maintenance. Okay, got it.

So check your policy to see if you have it and then see which part of that five grand is going to cover is because of insurance, Teresa, I'm going to tell you something five grand is right nowadays is cheap. There are people being assessed twenty thousand dollars. Oh gosh, yeah, twenty thousand dollars. So is this the first time you ever paid an assessment? Yes, it is. You're lucky. Yes. And that leads into my second question, is you know, can this happen again and again and again

and again. Yes, there's no limit. There is no limit the whole lot. There kind of is a limit. In other words, the HOA board they vote for stuff, you know, so there has to be like they can't like hire their brother in law who is going to give them a kickback, and then just charge homeowners. So yeah, there is a limit. But if it's an honest to god expense, they can pretty much bill everyone absolutely even sometimes like this is something that a lot of people get confused

about. Let's say you have separate buildings and all of the repairs have to be done on one building that is still aggregated to all the owners. Okay, so you can call us back if you want. When you look at your coverage to get an idea of what's covered and what's not three oh three seven to one three talks seven one three eight two five five Deborah, what is this going on with Verizon? Well, we're on a family plan, my sister, Gina Montano, and they've been on it for about twenty three

years. I had my own before. I'm a veteran trying to re establish my career and stuff so I can buy a home on my VA and she called and set it up at one of their course, one of their So Sawait, you've had this family plan for many, many, many years. Yes, my mom and sister have, Yes, and then I've been on it. Okay, hold on and we'll come right back to you. Okay. I want to help a veteran out if I can, So we got

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five nine seven forty five hundred my accident lawyer dot co Hi. Tom Martino here three oh three seven one three talk three oh three seven one three eight two five five. Okay, Deborah, So you've been on a Verizon family plan for many years. Continue with your story, Dear, what's happening? Well? My sister called in to make sure that when I was up here for medical and Department of Vocational Rehab and to see an attorney, that I

could go to Verizon. And she called made sure that they would take care of seeing what the problem is. And Keith, the manager, I'm not trying to be rude, but he was very rude and condescending talking. Now hold on now, wait, were you having trouble with your phone? Yes, i am, And he was very condescending to you. Why oh, because he said, your sister's not here. I can't verify who she is.

She already did what she needed to so that when on the phone, you know, because she works from home, she is have medical issues. She did what she needed to do. We've gone to other horizons in Westminster, Bloomfield, several others. We've never had this problem. And he said, so, what would you like us to do, Deborah? I want to get you some help here. So your phone is acting up. This guy was rude. He couldn't verify. You couldn't get your sister on the

phone to talk to him. All they usually need is some kind of verbal patty, go ahead and talk. She did talk to him, but he wasn't going to listen to anything. She said, what like to verify? All they normally need is a number and a password or something like a verbal password. Exactly exactly, Okay, which store was this? It's the one that's in Johntown. It's forty seven ninety one. Did you say anything to him? Yeah? I told him. I said that we've never had a

problem with this before. We have never had a problem with this before. And my phone number. I pay for my phone and it's on there. And he said, we can't verify who your sister is. But she already did all of that and she was on the phone. Okay, So what would you like us to do? Seriously? I mean, I wouldn't mind calling up there? Go ahead, hen, And I told him I was going to call the corporate office because we've never had any problems before ever.

No, right now, you didn't get your phone issues fixed? No, No, he wouldn't even he wouldn't even give you because he said he can't verify anything. Yes, and you guys, how many are on this family plan? My mom she's in for eighty nine, my sister she works from home, my brother Marco, who is a truck driver, and myself. Wow, I can't believe they're giving you such a hard time. I mean, so, is there another store you can go to? Yeah, but I'm going to have to I don't Yes, there is, I'm probably I

don't know. My sister may have to go with me. I don't know. Why do you think let me ask you something? Now? That's bull. You don't have to do that. There are plenty of times when my kids go to a store or my wife and I'm the I'm primary on the account, they can still get access. I just give them they I think I have a verbal with AT and T. There's some kind of verbal password. Yeah, exactly, exactly. And do you know what? I want

somebody to call up there and ask him. Seriously. I want them to call that store specifically and talk to the manager say, look, man, we got to report you were rude. All we want to know is how does this woman? Did he tell you what you needed to do? Or did he just say I can't help you? He said, I'm not going to do anything because I can't verify you're not on the account your name? Okay? And did you say and did you ask what do we need to

do? Yes? Because well my sister did too because she was on the phone, right. And what did he say? He said, I'm not allowed to authorize you over the phone. And here's the thing, Tom, All he had to do was look in my phone and all the information is right there of who I am and who she is. And she was on the phone. Yeah. Was this an old guy, a young guy or what. I'm just curious what kind of I don't know. I wouldn't guess his age. He never used to work at Verizon. Very rude and condescending.

And the male chauveness. Okay, hold on, who wants to take on this male chauveness pig? Who do we have in the studio? Kachina Chopper, the popper, and we have Deputy Dollar. I'll do it. Tom Chopper says, yes, yeah, Chopper. This is a veteran here, Deborah. She all she wants is to get her damn phone fixed. Hey, what do you think is wrong with your phone? Deborah? What's what are the symptoms? I'm curious. Well, I don't I can't get

incoming calls. I can't call sometimes it's supposed to have four G or five Are you are you ready to get an are you ready for an upgrade? Do you know on the account? Can you get a new phone with I'm working with the Apartment of Vocational Rehab there because of my disabilities in the military. They're authorizing and we're waiting for an authorization for a new computer so I can go online to do applications, apply for job, and they're wanting to

hit me and iPhone a new I phone. Excellent. We want to help you too, So hang on all right, We're gonna get somebody to talk to you. I'm Tom Martino three oh three seven to one three talks seven one three eight two five five. Genesis Total Exteriors will take care of the outside of your house everything from the roof down to the deck and all of the painting, windows, doors, siding, stucco. That's Genesis. Tootalexteriors

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to eighty percent. And that's no exaggeration. That's QC Colorado dot Com. I love this company. You will do three oh three, eight hundred thirty four nineteen. Three oh three eight hundred thirty four nineteen Hey Tom Martine, you're troubleshooter and I'm with Dan McKenzie McKenzie law. We're talking about a state planning in between everything else. Now, here's something I want to know and it's something I thought I learned, but I'm not sure. Some people buy

life insurance. Is that part of a gift? Is that part of your Does that go against your exemption? Like when you have life insurance and the proceeds go to a beneficiary, how does that work? It is part of the exemption unless you do something so it counts against your exemption. Yeah, okay, not that it matters. Like I said, most people are never going to get to that exemption. But the point is, can you Is there a way to do it outside of that? Yeah? So you might

have heard of your vocal life insurance trust. That is an you're a vocal trust you set up. It is the owner of the policy, not you. So you buy that, but you pay for it. You're paying. You give the trustee the money to pay the premium every year. But if that's a gift, potentially, but it's usually under the amount and so then so then can you use a life insurance trust for a number of reasons? Can you use a life insurance trust to pay a state taxes? If you

ever had any Yes, yep, and again a state tax. Do you ever think there'll be a point where there really will be a state tax on everything? Doesn't it decline every year that the exemption? No, because up every year. Oh, I thought it's going up by the cost of living which is why it's such a weird amount now, So it's like thirteen point four million. But then isn't But isn't it on a schedule? Like doesn't it? Didn't it expire one year where it was zero? Yeah? I

did, and they said that was a hell of time to die. Yep. What year do you recall? That is twenty ten? So everything left in your estate was taxed? No, nothing was taxed. George Steinbrenner gave away the Yankees with no estate tax because he died that year. Oh, that was the year when there was no there was no there was there was no limits, like, yeah it was, there was yeh exemption. But isn't there just the opposite to where it's a zero exemption? I thought?

I thought it went both up and down. I mean, the lowest I'm aware of it having been anytime recently it is about six hundred thousand. Back at the beginning of the two thousands. But do you think it'll be here? Do you think a certain amount of exemption will be here for good for regular people? Yeah? Yeah, yeah, yes, yeah. I mean

it transcends parties kind of, doesn't it. I mean because people. I mean, if you pay taxes on everything all your life, for God's sakes, you want to be able to leave it to your kids or to your loved ones without paying tax on it. Yeah, and and and by the way, what is a state tax? Okay, let's just say, let's dream a little and somebody has more than the exempted amount for the amount above? Is it a big percentage? What is it? What that's high?

Then you might have some state like you know some states. So are you telling me a guy like Jeff Bezos or somebody seriously, they could end up potentially are you kidding? Paying billions that could happen or millions? There must be ways around it. What are Yes, there's charitable donations, there's the gifting, there's the area what about trust to trust? But you know when you if you move assets into a neurovocal trust, again, you file a

gift tax returned when you do that, because you're giving away. So there to a certain extent, then there is no way to pass on a certain amount of generational wealth without giving the government forty percent. There truly isn't a way. I mean, in other words, wouldn't it be virtually impossible for a billionaire to do that without any tax to the government depending on their charitable their charitable intentions, they could deal with charitable donations. Okay, yeah,

but still it doesn't benefit their errors necessarily. Right, all right, we have more coming up. Get your calls in problems, questions or complaints three all three seven one three talk seven one three eight two five five, and then we're gonna find out what Verizon why the guy was an idiot to our veteran coming up? Yeah, ripped up had news. You need advice, so you don't have the come running just as fast as we can show Shooter's

gonna help. Come man, This is the Troubleshooter Show. No Tom Martine. Hey, I'm Tom Martino. Welcome to the show. The only show is kind of anywhere in the universe where we're solving problems, answering questions, taking complaints, making life just a little easier. You know what I decided to do. I decided to unleash my Google Voice number. Maybe I shouldn't do that. I was gonna. I'm gonna give it out, and I'll tell you why. Because I can get text at this number. I think,

yeah, I can get texts. So if you want to send me a text while I'm on the air, of course, you YouTube morons. You can send me a text if you if you, if you want to, as well as your message is there if you have a problem, question or complain, anybody that wants to text me at this number. And again, you can text me at this number. You're ready for it. It's it's a cool number. It's my exclusive voice number that I use for my calls on the air here already. Seven four seven nine fifty two eighty.

Isn't that a cool number? Do you know why I picked it? I don't know why. I sound You can pick any number you want with Google, you know, but most of it you used to be able to. So I picked seven four to seven because I like airplanes seven forty seven, and then nine nine nine. I just picked it because it was just easy to remember. Nine nine nine, and then fifty two eighty. Of course is the mile high city. Seven four seven nine nine fifty two eighty.

You can text me. Whoever gives me a first text message will get one hundred thousand. Never mind nothing. I'm just kidding. You're not gonna get anything. Uh three oh three seven one three talk three oh three seven one three eight two five five. I hope I don't get endless text forever now, But seriously, you can text me, and I'll and actually, when you text me, I will. Okay, all funny. Hey, I didn't know you can. Ah. I got a dirty picture. That's pretty

awful, isn't it. I just send that to me, Shannon. Anyway, I want to see if you get pictures. I didn't know I can get pictures now. I'm really gonna have to. Oh no, I'm gonna I open myself up to crap here, holy crap. Anyway, that we got a picture of Kelly stuffing her face. Yeah, he sent me a picture of you, oh, Shannon. Yeah. By the way, you can also text the show at five seven nine. Okay, somebody just texted me. What do I win? Oh? Yeah, you can of course

text us at the regular text number. That's kind of boring. But somebody said first, No, you're not the first. You were the second. Oh damn it. I'm just getting their number but not their names, so I don't know who they are. Do me a favor and identify yourself. And if you have any questions, give me a just give me a question anything. We got Dan McKenzie here for questions if you want. Now, let's talk to Kevin on a series. No, Kevin, what's happening?

Go ahead, Kevin? Hi, how you doing? What's happening? Man? What's going on? I have a little bit of a problem with Gilbert's Tree Service. Now what is Gilbert's Tree Service? Is it for trimming and all of that? Well, they do landscaping, I guess, and they

also do firewood and then they delivered firewood in the wintertime. What's the problem, man, Well, back in February I had him deliver a quart of firewood and the guy, the guy's four wheel drive wasn't working in his truck, and he got wound up getting it stuck, and the more he tried to get out, the worst it got, and he wound up taking out two of my fence posts and the gate and all of the fencing. What and how long ago was this? Well, he'd get it back in February.

I've been waiting, you know, I waited until it got warm, you know, to do the work. I've been calling and I've been calling. Did he say he was going to fix it? Yeah, they said they were going to fix it, but they just they're a no show then, you know, they weren't answer my phone calls. How much damage did they do? I haven't had it estimated at two four by four posts eight foot long. And wait a minute, wait a minute, how does all that happen? And from getting stuck? Was it snowing out? Why did

he get stuck? There was snow and ice on the driveway and he and he didn't have the traction, He didn't have the four wale drive. Yes, so formal dive, but it wasn't working. So you're saying, okay, because normally if a lot I'm trying to think how this would work normally if I have a delivery to my house and they slip on the ice and snow, is that truly their fault? You're saying he was ill prepared? Yeah, yeah, because there was supposed to be. He told me himself

that, you know, uh hit the boss. How much did you get this estimated? How much damage are we looking at? I didn't get an stmate because they were supposed to come and just stick. Well, what if you had to guess, Well, you're talking about some posts, right, well two two uh four by four posts that about eight feet long? Uh? And you know, and and that are are they? Like? What are the posts for? They're concreted into the ground or well you dig a

hole and put them in. You can put concrete in if you want, yeah, yeah, but what are they used for? Is that for your gate or something? Yeah? Their corner poster for the fence. And are those the only things that broke? No, you bent the gate up too to prefer Is it one of those is it a decorative gate or is it one of those farm gates? The farm gate? Okay, okay, like you get at the feed store, the big orange ones weald green? Yeah yeah, yeah yeah? And how big is it? Twelve feet six feet

eight feet? What is it? It's twelve feet long five feet high? Okay? Yeah? How much do they cost nowadays? That? Oh wow, I would only be guessing. Well, I'm gonna say I'm going to say they're probably about two hundred bucks. And I'm going to say you're four x four posts and labor. I'm trying to figure out here you got you got what around one thousand bucks? Well maybe not that much, five hundred to one thousand anyway, I mean, you would think this clown would call

you back for this. You know, we'll call them for if you want. And here's the thing, worst case scenario you can take in the small claims court. I see you getting a judgment against this clown. Where is he located? I think out in Peyton. You know, it doesn't sound like the end of the world. I mean, does this guy have you know we have horses we have yeah, yeah, that fence that fences off where they can graze. And we can't put our horses out there because then

they'ren't wind up out on the road. No, I know what you mean, you can't put an electric wire up there temporarily. Well, well, I mean it's also our driveway too. No, that's why we have the gate there. No, but the gate still works. It's just been right or oh wait, no, the gate is the boat that is attached to with on the ground. God, this guy did a lot of damage. I mean, I mean for just getting stuck. How big was the truck. It was, you know, like a big god ram, you know,

like twenty five hundred. But even how that? Yeah, okay, all right, I just find it so odd. Okay, was it Gilbert himself that did this or was it one of his workers or what? Well? Uh he said, I think it was like his brother. But okay, I mean that the guy doesn't work there anymore because it's so big deal. They still have to fix it. Okay, but I'll tell you what. This lady, But the lady came out, I guess one of the

you know, the head people came out. I talked to her, well, yeah, well we'll fix it. You know, you know we were landscaping company. We'll come out and fix it. And she took pictures of it and stuff. And then I waited till I got warm, you know and stuff, and then they call, you know, I called them, and I just think it got you know, the run around, and then finally they just said, we're not gonna you know, we're not gonna deal with you. You're gonna have to deal with it manager, and get me

another number. Let's do that. Hold on, let's run it. Let's do that. Let's uh, let's figure out what we can do. We're gonna call them and see we can light a fire under him. Hey, can you give this to Deputy Dollar because he's there hanging out. Let's do that, Deputy Dollar. Three oh three seven one three talk seven one three eight two five five. All right, I'm getting text on my Google voice

number. And here's the deal. Somebody wants to know Dan. Instead of talking about rich people who have millions and millions of dollars in estate taxes, let's talk about the real deal. What are the expenses of normal probate. That's a good question. I never actually asked that before. What tell me what's involved in probate? Yeah, so to open a probate, you file

a petition with the probate court. Usually that's about two hundred and forty bucks okay fee, And then you've got to run a credit or notice, usually in news. Now, what's a creditor note? Now there's no newspapers? What? No, Really, they have to update the law. When it comes to notice, it should be on Facebook or it should be on Instagram. I swear to God. I mean, so where do you run notices? Nowadays? They still have a legal requirement for newspapers. Yeah, you've

still got the Inglewood as a recorder. They Aurora Sentinel, like these small whoever reads those? I'm thrilled. I'm thrilled that we're running his creditor notices in the smallest newspapers we can find, right, I mean we're trying. Yeah, what is the requirement for notice? I got to run at least once a week. It's got to run in the county that the person lived in when they passed away. It's got to circulate to at least ten thousand

people. So there's some minimal requirements here. And you can actually find newspapers. Yeah. Yeah, if you can't, what do you do? I mean you can, Okay, I've never had that problem. Okay, now, so that's notice of credit. Five bucks to run that three times right now. So there's and then you know, usually there's a few filings after that. It's probably for just the court costs, probably in the three hundred and in the newspaper fee probably about three hundred and fifty bucks to do,

and then an attorney can be several thousand. Now why do you say several thousand? I mean, you know, when we're drafting the petition, we're doing the creditor notices, we're helping documentaries by the stuff to do. Yeah, I mean we do flat fee on probates too. But now, what is the purpose of probate Because if you go in and let's say your family member dies and you go to their bank, or you go to the clerk in the quarter's office, or you're talking to a title comment about selling their

assets, are you gonna be well, who are you? Like? How do we know there isn't a will out there naming somebody else to get this? So do you actually get documents from probate that that give you authority to do things? You get a documents called letters, which is the documents that you which is the document that you carry around and it tells the banks and

all the others that you have authority. Yeah. Now, can you have one probate action and three or four different authorizations for different people, like you can do this, and you can do this, and you can do that, or do they Is it just all on the personal representative? You can have multiple people in the position together, Like I mean, it's like one personal rep What if he's busy and he wants to do I'll take care of

the banks, you take care of the cars. You can agree to that amongst each other, but you're all on the hook for everything, right, So if you decide like you're going to take care of the cars, then you don't do it. I'm you know, I can't say, hey, I told Tom to do it, okay, because the personal representative is responsible. Right, Well, what happens if somebody doesn't want to be a personal

representative? They can just they don't have to accept it. Oh yeah, yeah, you probably should be very you know, skeptical whether you want to do that job or not really truly, So it's kind of like a favor. Yes, I mean you can unless you have money coming and stuff can be paid for your time, you can. Yeah, does it? Is there a statute on what you're saying reasonable compensation? Because we don't really know

usually how hard is this going to be? Like we don't know how many creditors are gonna show up, We don't know if the state's gonna be sued, We don't know. You know, there's all kinds of stuff that can happen that can either make the job. Now obviously, a personal representative could just be a kid, the son or daughter or could be a wife. It often is yeah, either the house or the oldest kid. It's a very popular choice. But it's hard. I mean it's you know, I

tell people like it. Look if I found out I had to liquidate everything I own today and take care of all my bills and close everything out, like that'd be a hard job with my own stuff, like to step into somebody else's and figure all that out, Like that's so lot. What if look, look, look, and then you got to pay an attorney and all that. What if everyone just walks away? What happens? Just say the hell with it. We're not tangling that. You're not No one can

make you do it right, right, it can happen. So there's public administrators out there that have been appointed by the courts that can so so are there literally people if there are states not worth anything, who's going to take the time and energy to pay their bills and take care of stuff or or

you know what happens you just walk away? Right? Well, as I said earlier, creditors can open the open the probate if they're not getting paid and if they think it's worth it while and if not, they just let it go. Yeah, yeah, so there are people that can die that there's stuff just bait. Nothing. No one does anything if it's real small, yeah, I mean, you know, somebody's gonna be interested somewhere.

So usually someone's doing something. If it's worth less than eighty two thousand bucks and doesn't include real estate, you can just use nafidavit to go around. But a car you can do a small state after David, But anything over eighty two grand you've got to go to court, yeah, to have it transfer What if there's no transferable assets, but it's over eighty like cash in

the house, I'm serious about that. What if you're still supposed to go a probate if it's more than eighty two So even if there's nothing to legally transfer ownership title, yeah, because somebody has an interest in that cash. I mean it's very common that people have you know, there's people store and hard metals and stuff like that. We got crypto now, so there's stuff out there, and yeah, practically speaking, it's hard to trace it.

Obviously, this is really odd. I mean it's really a good topic though. Three all three seven one three talk seven one three eight two five five Grossmanwellness dot Com in fact, they just got my blood work back. I do it every three months, and Grossman Wellness is such a great concierge practice. You go every three months, your all your prescriptions and your most of your prescriptions, your supplements, and three month blood work and consultations. It's

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be on Thursday six point thirty. Call for a reserve seat. It's an educational seminar and all things financed, like getting a retirement account, protecting a retirement account, how to take and when to take a Medicare excuse me, a social Security and then also Medicare benefits, reverse loans. If you need to know about something. You can ask questions as well, and it's educational and no hard sales at all. They're going to let you know what's available

in retirement, and that's my money. Myway dot com three oh three seven seven nine sixty six hundred for your seat three oh three seven seven nine sixty six hundred. You're all Plumbing Colorado dot net. I love doing commercials for these guys because they simply say it like this. You won't find a water heater cheaper bomb done. You won't. No one can touch my price, he says. In fact, if you want a forty gallon tank, it's thirteen ninety nine fully installed, the old one taken out all the way,

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good work. Thank you Rich okay, and also Wayne ass should I keep my oil level topped up if it is a quiff a court low or wait till it's a full court? Okay? I can tell you that for sure. You can do anything you want. Don't ever go above the dipsticks smart though, and don't overfill, but you can wait for a court down. In fact, to be honest with your most cars can go two courts low, but I would never go below a court. And somebody else says,

uh, okay, let's see all right. There's one that has some questions for is it better to transfer my four to one k to a wroth? If you have a lump sum in a four oh one k, there's nothing wrong with taking that and putting it in a wroth. Now it's called a backdoor conversion. It's still subject to certain things, but most of the time you can do it. Most people can do it. You can to put it. When you put it in a wroth, you pay tax on the four O one k. Now, if you anticipate taxes will go up,

or you want to just grow money and not have any taxes. So what happens is this, You take an in service rollover, so you're not paying the penalty. You're not paying if you're under fifty nine and a half, you're not going to be paying any kind of a penalty. You'll only pay tax. When you pay the tax, it goes into a wroth and then grows tax free forever, and you can take out the roth whenever you want. Roths are also not subject to minimum distribution requirements, you know required minimum

distributions are. So that's the answer on that one. And then let's see, Oh, thank you very much, I listen every day Steve from Pablo, thank you? Is there? If there's no will and just a house was refinanced and I added someone to the loan, what happens? So if someone doesn't have a will but they added someone on their loan, what happens? I mean? I almost I think banks insist if you're on the loan, you be on the title, but I'm not sure about that. But

have you What does happen though? If there is no will and a house is left and somebody else is on the loan, I just never evening. I guess that could theoretically happen. Yeah, I mean that it's gonna be a problem for that person on that loan because they don't necessarily get that. Not necessarily, No, I think nowadays they require you to be on both title and the loan. I mean, if I'm a bank, I'm happy to have as many people on that loan. And yeah, you're right beyond

it. Now, now let me ask you, so as far as ownership, now, joint tenancy with rights of survivorship means it goes that saves out approbate right, Yes, joint tenants correct, joint tenants as long as there's a survivor right, the joint tenants yes, right, and joint tenants in there in its entirety. That's something I had just learned about. What does that mean? Is that in Colorado or not? Yes, it means both the or as many owners as there hold it jointly on the entire asset,

all of them. Right. So how is that different than let them when you're with your wife and you have joint tenancy with right or survivor right, any any reflection that you own the asset jointly. I mean, that's that's what most deed say, is they just say joint they own it. Jointly, and that means you own the whole thing, both both own it entirely,

unless you do tenants in common. Tenants in common means you own separate shares, okay, and it doesn't have to be fifty to fifty No, okay, all right, and then uh okay, here's some we're talking about cheap fakes off the air. I guess someone heard it. A cheap fake, is what who mentioned? It was a cheap fake of Biden looking puzzled the White House? Yeah, a cheap that. What they meant to say was deep fake. But this guy that texted me or this woman says a

cheap fake is a Chrysler three hundred trying to be a Bentley. Remember how they they looked at they looked at They looked like Bentley's at one time. Do you remember that when they first came out the Chrysler three hundred. Anyway, somebody else wants to know, how do I apply to be a YouTube moron? You're there. All you do is sign on and you're a moron.

It's honorary and it's automatic. Three O three seven one three talks seven one three eight two five five For those listening the Google voice number and now you can still text the station number two, you know the five seven seven three nine. But I thought it would be fun to put my Google one out there too. Anyway, we got more coming up on the Troubleshooter show,

well we wanted to. We had an inquiry about why Tom do you always insist on it's better to have one invoice for all your exterior damage when it comes to helstorms. I'm going to just be logical here. Think about this. If you have somebody fixing the fence, somebody fixing the decks, somebody fixing and siding, somebody fixing windows, somebody fixing roofs, somebody fixing you know whatever. You got all those different contractors and some claims to submit

to your insurance and all of that. Here's what I like Genesis Total Exteriors. If you have multiple items of damage, they'll go all in one invoice. They do it all one company, one point of contact. They'll deal with your insurance if you want them to. Genesis Tootalexteriors dot Com for all your storm damage. GENESSI is a company I know and I've known for years, and I trust them also about Genesis, they can do mold Mitigation and

Detection three three six seven nine eight five zero nine. Hi Tom Marchino, you're a troubleshooter. Three zero three seven one three talk three oh three seven one three eight two five five. Now we have the Google Voice number I gave out for people to text me during the show and with problems, and truly, if you want to call back to be on the show, you can text us there and then the number is seven four seven nine two eighty. It's a pretty cool number, right anyway, So welcome to the show.

And also I got some consumer news that all of those videos that we've seen of Biden looking vacant, afraid alone, roam wandering off on his own, those are all cheap fakes. They're not real. They're all cheap fakes. By the way, the Federal Trade Commission is doing so you know, I really like the Federal Trade Commission at times. I really do. No matter who's president, I like him. They're going after Adobe, and this is a problem I've long sinsed about Adobe. They trap people. You can

easily sign up for Adobe and they don't sell any of their software. You have to get a subscription to the software. So I have the whole Adobe suite. Now I love their products. I have what's called the Creative Cloud where you get all the stuff in there. You know, Audition, Photoshop, Illustrator, all of that, right, Adobe, what else Photoshop,

let's say, I said that, Acrobat, all of that. So however, when you want to get rid of the subscription, you can't find a place to cancel your subscription, and then they tell you you got a call, and then you can't get through. And I've long said they trap.

But there's another thing they're going after him for. Not only that. Not only is it they can't easily cancel their software, that's for sure, their software subscriptions, but also they're charging them fifty percent of the remaining payments if you do it during an annual period. So the FDC says, no way, Jose, that ain't gonna happen. So therefore the Federal Trade Commission, in my opinion, actually doing something right. I love when the government does

something right. Now under I'm just going to say something, under Obama, the Federal Trade Commission, and he went after some people and for credit card fees and all that, and I kind of like that. By the way, Oh and by the way, if you're black, you got to vote for Biden. That's what I hear. You can't vote for Trump. Except Biden's his popularity among black sasis decrease. He still holds a majority of the black vote according to surveys, but it's dropped quite a bit, like eighteen

nineteen points, and those have all gone over to Trump. So I'm wondering when a black person goes from Biden to Trump, what the reason is. I often wonder that because Biden said, if you don't vote for me, what do you say if you you're not black, if you don't vote for me? Or something like that. Anyway, speaking of black people and surveys,

listen to this. This is a serious note right now. And I really do find this difficult to believe right now because I don't know, and obviously that's a white man's perspective to think, is this really still going on? But this is what seventy six percent of surveyed Black adults, now this survey was done in late twenty twenty three, that black public officials are singled out to be discredited. What does that mean? Black public officials are singled

out? So this is what seventy six percent of Black Americans believe also police do little to stop guns and drugs in black communities. This is seventy six percent of Black adults say the police are not doing much to stop guns and drugs in black communities. Now, I specifically remember, especially in California, them telling police not to overpre have on a big presence in black communities because it's racist. They should spread it around, and that's happening in New York

too. That I thought that if you had a big presence of law enforcement in black communities, it was considered racist. And by the way, I don't believe this. I believe it's an insult to blacks what we do in the name of racism. I mean, pretty soon, I think they're going to have to look for another community to blame for problems. They're saying shoplifting. You know, the reason they raised the limits on shoplifting is because it

was an undue hardship on blacks. So what they're really saying is Blacks commit most crimes, and we're decriminalizing carthsk because of blacks. What they're saying is that these laws are against blacks. So what they're really saying is just so stupid. It's such an insult to black people. Anyway. Here's some more of the survey. Seventy four percent of black people say that they are disappropriate, dis proportionately incarcerated so prisons can make money. And these are true surveys,

by the way. And then big business market luxury items to black people to keep them in debt. They say that they've included black people in a lot of these commercials for high priced luxury items on purpose to keep them in debt. Now, this is a sorry commentary right here, that so many blacks are distrusting of society in general, isn't it. I mean, really, I mean we're doing a bad job because I'm thinking, as a white person, well, this isn't going on still, right, I mean,

there's no one targeting blacks. But that's not what the black community thinks. In fact, listen to this. Fifty five percent, fifty five percent of the black adults surveyed believe that medical researchers are experimenting on black people without their knowledge or consent. That sounds like a movie, remember the movie Get Out. That's what that sounds like. The government encourages single motherhood among black women

on purpose. What are you kidding me? Fifty five percent believe that, and half half of black adults believe that the government is promoting birth control and abortion to hold back the black population. Now get this, So they're actually saying, you know, the progress I mean, I guess it's a progressive government is promoting birth control as health and abortion as health in order to keep

black popular small. This is a crazy survey, truly is. It was done by the Pew Research Institute. I mean, this is not like some shlock organization three three seven one three eight two five five. Anyway, Meanwhile, I want Dan mackenzie, we have a question for you on informal probate. I think you mentioned it earlier. Is that what you were mentioning this person's asking about informal probate is that for is what they really mean to is

small probate? Is that what they're saying? No, No, there's a smallest state affidavits for small Okay, smallest state affidavit ifs are under eighty two grand right, yeah, and when you don't have real estate, right, Okay, you can do a smallest state affidavit and have things. So when you do a smallest state Affidavid, Does that happen with a personal representative?

Yeah. Usually one of the things you have to explain in the smallest state affidavit is why you're the right person to be coming and getting the stuff that you're collecting, And does there have to be a will shown? No? Okay, Then what's informal? What is it? What do they mean by anything in probate. Once probate is necessary, you've got two options. One is formal and one is informal, And most people are informal just because if

it's not contested, we're not really expecting any creditor issues. This estate seems to be we either have an original will or no will, Like there's not really anything that's obviously going to be fought about. We use the informal process, and that usually is just the personal representative files the petition, they get appointed. They're going out there and doing stuff without much court approval or court

oversight. I should say, the beneficiaries and creditors can still complain, they can still ask for hearings, but it's called informal, Yeah, because the court's not really having hearings unless asked. Okay. In a formal process, hearings get scheduled proactively, and when we do think there might be issues. So if somebody is going to contest the appointment of the personal representative, any of the issues I just mentioned are there, like creditor issues or can fighting

over stuff, you would file the formal process and actually schedule hearings. Okay, we got more coming right up. All right, and I'm telling you that this Thursday night. If you want to learn about retirement, retirement planning and income through retirement, Medicare, social Security, reverse loans, and things dealing with people as they age, and security in retirement and income and financial instruments, it's at six point thirty Denver TTC. But here's what I'd like

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