The Troubleshooter 6-26-25

Yea ripped up news need advice so you don't have.

Come running just astas as a cam shooter's gonna help come.

Man Dix is the Troubleshooter Show.

No Tom Martino, Hey.

Tom Martino here, Welcome to the show.

Three oh three seven one three talks seven one three eight two five five. Joined with my peeps at the studio. That is Mark and I see some deputies there.

Mark, take it away. Who's there? What's going on today?

Shamadski.

We got Matt Stanford, Paragon, Genesis, Total Exteriors. We're gonna be talking insurance claims, how insurance companies attempt.

To rip you off.

We got Deputy Bow, Suzanne Kelly, and then some kind of ugly guy on the other side of the glass.

Hey, it's uh. I want to I want to be the first one to say, is this legal?

Can you sing? Happy birthday?

Oh gosh, Tom, We've got a birthday grow in the house.

You could do it like they do it.

Let's do it. Let's do Happy Happy birthday to you, Happy birthday to.

Happy, Happy birthday.

Dear glory to Kelly story, Happy birthday to turn man, just turning forty, just checking forty fifty five. Actually, thanks for the crow. All right, Well, anyway, I always round up, so I actually don't know how old I am.

Well, how well, it's not it's not it's not polite tasking age. I don't know why it's not polite. I mean, I really don't and I never did understand that. But it's like, so anyway, let's go to the phones. But first talk about actually we should just talk about things happening in the news and listen. I don't normally talk about stuff like this, well not in this regard, but this thing with let me just bring this up. This news story. It went under the radar. There was actually listen to this.

Do you know the US AID that took you know, the us AID was aid all over the world. Yeah, we were paying for studying the mating habits of tens in a foreign country. I mean, I'm just exaggerating, But listen to this.

During all of this investigation going on, they found a US AID contracting officer, Roderick Watson.

It's real.

He pleaded guilty to running a ten year long bribery scheme that steered more than five hundred and fifty million dollars in federal contracts to associates of his.

This is real.

I mean I have not heard one newscast with us This just happened the other day. And he got more than a million dollars over the years in cash and gifts. The contracts were awarded under the you know, the USAID program to help minority and women own businesses, and it was supposed to be non competitive set aside contracts. So the thought with USAID was that these places when it

You know.

And in any case, I'm not talking about USA in general or all of the wasted money, but this particular one.

Here's what I find shocking.

If this guy was a Republican, If this guy was doing it under.

A Republican rule. Now, part of it was under Trump, but.

It was mainly you know, I think Clinton, it was Barack Obama under Bush.

A lot of it took place.

Was Bush just sleeping basically, I mean, what was he doing anyway? Okay, the scheme started in twenty thirteen and involved companies putting in contracts and then the bribes were funneled through various means, including some of the bribes were jobs for relatives, electronics for his home, home, down payments, and loans. Prosecutors and DOJ officials condemned the fraud obviously, But what I don't understand. Does it shock you that this hasn't been in the news.

I hap.

I happened to run across it.

In one of these fringe sights and then started doing research and found it's absolutely true.

So if you look them up, you'll find it.

Roderick Wasson, you know Mark, we often talked about taking the penalty for the crime on purpose.

Do you remember what's the clown's name? He went to his eyes? What is Don?

Ailey was an accountant who just literally ripped people off. He would get a client and he'd do their payroll and instead of paying payroll taxes, he just told the client he paid them. He told the irs that the client had no payroll, so the client would pay Ailey. Iley would just pocket the money and we figured about twenty million.

Then he went to prison. Is he had a prison yet? Do you know Mark?

Now I think he hung himself or killed himself or off himself or whatever you want to.

He Oh, is he deceased, Oh, he's deceased. There were so many people hurt by him. Let's go to the folks, jill an issue.

You forgot hold on, hold on, you forgot to finish the point to conversation.

Yeah, go ahead, go ahead and finish the point with calculations.

When this guy went to federal prison. One of the reasons they gave him I think they gave them twelve years. And remember this is an economic crime. That's pretty high for an economic crime, so they gave him the upper echelon. But the reason was the twelve million dollars that was definitely missing. It was probably more like twenty, but twelve that was definitely missing had never been found. In other words, none of the cash was there. So I brought up, okay,

Would you do it? That was the question.

Yeah, I'm wondering if there are people, I mean, and now you'd probably even get less time done.

This is Martha Stewart Prison. This ain't someplace in New York or you know. This is Martha's Stewart Prison.

Yeah, it's it's amazing. So we we were bantering that around. Would you take a million dollars a year to sit in?

Point?

Do you? Mark Schamansky? A million a year one point two a year for eight years?

Eight years? That's tough. I don't think I could do.

It now, that's a long time.

The eight years is hard.

Maybe if you got it down to two or three and then you had a take of five or six.

I don't know.

I I rather have my chances on the outside making money. What about your deputy.

D Yeah, no chance. I don't want to give up eight years of my life. Even at Martha Stewart's prison. It sounds like a really nice place.

I heard that you get free reach arounds.

Dude, Look, hey, Mark, did you did you? Can we sit? Oh? I don't know, I don't know. I don't know.

I wish I had a delay, but never mind, I'm not even going to repeat it. But that one right over Shannon's head unless it doesn't mean anything.

I mean, I guess it doesn't.

You could scratch somebody's back or yeah, okay, So anyway, let's continue with this worker's compting that we didn't even start gl talk.

To us about the workers com problem.

What I like you to do is just start and then I'll ask questions.

All right, Well, here's the deal. My wife fell at work back to the beginning of the month.

Just this, just at the beginning of June.

Yeah, yeah, okay, good, I'm glad we're getting this early.

Well, yeah, she works at the airport. She slipped and fell. There's still not one hundred percent sure how she slipped because she wears flip resistant shoes, but there was multiple witnesses to it. Anyhow, she was taken to the hospital.

X rays were done.

She has a fractured ankle and left or excuse me, right, and multiple stress fractures of her right foot. Ctcands have been.

Done the orthopay Mark Mark, do you recall?

I want to ask Major Mark, Major Mark, do you recall? Does the HL theory apply for workers comp You get your worker the way you have them, and if they're weak and more damages happen.

Then No, not really, not not really.

It's a lot different because you give up the right to sue your employers.

So the rules also.

But what I mean is if his let's just say his wife was frail and another woman is not free, I know exactly what you mean it, I know, but don't they both suffer if they both suffer the same fall, do you have to pay more because a person was frail or had pre existing injuries?

I don't know the answer to that.

Work, the injury is going to be it.

Whatever the injuries are is going to be handled, regardless if they were frailers.

Okay, you can keep going with your story. This is we're just thinking out lots of other people.

No, no, let's ask.

There's multiple there's multiple.

Parts to this, all right, but let's Lorna get one at a time.

Go ahead. So so it's the beginning of June. Did she filed workers comp right?

Right? Right?

Ohkay, got it?

She was taken to the University hospital. They did X rays and whatnot, determined what what what what the deal was. Ten days later she saw the orthopedic surgeon and they took the cast off, did new X rays and then put a new cast back on center for ct scam. This past Tuesday, the Workman's comp insurance sent her to see sent her to Concentra to see the regular workman's comp doctor.

That's called a that's called an independent medical examiner. They're they're not independent, They're often not qualified. I I hate what the imes they call them so well, so she was sent she was sent to an I M.

Right.

So he said that she is able to go back to work as of course yesterday on her duty. Sure, the orthopedic surgeon is on his report. He wants her off work at least until the end of July, by his statement or by everything he says. So when she was there yesterday, saw our Tuesday, saw the other doctor. One of the things I brought up, it was brought up, is well number one, since it's her right foot ankle, she can't drive, she is uncrutches, she's having extreme her Does.

Her surgeon say, yeah, and you don't have to sell it to us. I mean, we're we take.

You out, you know, so we don't have to waste that time. We're going to take for argument's sake. Everything you're saying is true. She still has injury and pain and misery and on a crutch. And did her surgeon though, did her surgeon say she could work at all?

Or what? What was his actual recommendation?

He just wants her off her feet period? His recommend Well, what what to do?

What to do? What to sit at home? What did he say?

You?

You can't go out, you can't go to the supermarket, you can't do anything.

I don't have the paperwork in front of me, but he said it's non weight bearing four to six week.

We got it, okay, So keep going.

Then then what so her employer called yesterday afternoon, late in the day and said, well, we think we can make accommodations for you to come to work. She works in a restaurant. He says, you know, we can get a chair.

Was she was she a service? Was she a server? No?

She just worked the counter.

All right? So, okay, keep going with the story. So what's going on now here?

Here's so so, like I said, she cannot negotiate stairs without assistance. Her employer, okay's for a bus.

Pass, but got it?

No way now to get back and forth to the bus and on crutches. She's you know, it was one hundreds.

That's not part of the work. That's not part of the Let me explain something to you. The only thing that matters is if she can work or not, and how much work she can do, and if they accommodate her. Now getting to in front of a bus and all the other peripherals have nothing to do with the work comp claim. And you can't say, for example, I can't get a ride to work, and even though I'm cleared to work, I can't.

That's not an excuse.

If she can't get there for the light duty, they can terminate her. Or here's something else people don't realize. And I hope we get we can get cliff Enton on. But here's another thing people don't realize, and that is they can fire her at any time if she can't do any job and they can't accommodate her, they're not forced to accommodate her. Hold on a second, Geoe, we're going to try to connect with this attorney. It gets

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

Hi Tom Martino here, Welcome to the show Man. We're starting off with a bang here. Cliffenton, by the way, our expert for workers comp and he also does personal injury. I'll give you his contact info, but Cliff recommends you talk to an attorney, even if you don't hire one right away. You talk to him and get him on board so they know what they're talking about and they're familiar with the case. He'll take a few notes and then if you need him and call him back, it's there. Hey, Cliff,

It's a simple story.

She was injured and then she went to university hospital, then to an ime.

The ime says she can return to light.

Duty right now, and her orthopedic surgeon, though, says she should stay off her feet completely. So I need to know what about conflicting reports? What does she do? Plus she has a plethora of other problems that I don't believe come into the claim, like she can't drive and her ride would be difficult to get to get even to the bus station is hard. Just a litany of problems you hear every day. But Cliff, what about this case?

Good morning, Tom, How are you good?

Cliff?

Thank you for being here. We certainly miss your voice.

Well, I appreciate that.

You know.

That is a very interesting question. It comes up more than you would think. Yes, generally speaking, the opinion of what's called the ATP, which stands for authorized Treating physician, that's kind of the primary care physician on the work

That's not what the law is.

Can rely on the ATP, or if it was vice versa, they could rely on the ATP.

So right now though that right now, the primary case care I'll call it not you know, it might not be his primary care doctor, but this primary doctor for the case literally trump's the surgeon.

Yes, I mean someone's got a legally yes, as a practical matter, most of the time, the primary care physician or the ATP will listen.

To the surgeon.

Okay, now here's what I want to know.

Contact. We'd write a letter to the ATP and say, hey, why are you disagree with doctor X. He's the board certified orthopoxic Yeah.

So did your doctor? Did your attorney do anything like this?

Joe?

Did your attorney write a letter to get them to talk or to find out why there's a discrepancy?

Did or do you not have an attorney yet? Is he there?

I guess if he's not there, we can just move Geo, Geo, listen, have you have you talked has your attorney talked to the doctors? Okay? Now, okay. The fact that you haven't talked to an attorney, and cliff Enton is one of our preferred attorneys on referral list, I just want to make it clear that that what he does here is free of charge. But if you want to retain him, that's a separate issue altogether. But he's a great attorney. I just want to be transparent about that. We're not

So she saw the the iam as you call it, on tuesday, she saw the orthopedics last week. That's when he said that she needed to be off of her feet five four to six weeks, but she needed to be stay.

Off of it. Now, did you go back to the employer.

Did the employer say that they could give her light duty off.

Her feet, not until yesterday. And what was the final word yet? Just get to that, okay, I don't want to recap everything. What was the final word from the employer yesterday as far as light duty staying off her feet?

All they said was, well, we can find you a chair maybe.

Okay, she This is my opinion. I don't know what Cliff will say.

My opinion is she shows up ready for work, and if she can do it, she does it.

And if they don't accommodate her, then she can't do it.

Cliff, wouldn't that be the safe thing to do so she doesn't get terminated?

Yeah, because the real danger is, well, hey, if they're making a job offer of modified duty, they have to do that in writing saying hey, you know these are the restrictions. We can accommodate the restrictions. Well, I don't know if they've done that yet or not.

But did you get a letter from the employer saying how they would accommodate her.

Not yet?

Okay.

What you do is have her contact her employer. Have her contact her employer and say, please give me a letter noting the light duty accommodation and I will report for work, okay.

But what about you feel the fact that it's going to be extremely difficult to get to a same work.

That part doesn't play into to it. It's it's it really does it.

It would cost us, It would cost us one hundred and twenty dollars a day for her to get to and from work. She would have to take an over.

Geo, I can't solve that problem for you. I mean, could you imagine the mess our system would be in if our system had to pay for people to get to and from work.

I mean, it just doesn't work that way. It's not part of the injury. It's it's not part of the treatment.

What part of her injury prevents her from getting to work as she only did.

Her right ankle and foot is broken, so she cannot drive and because having extremely difficult time on crutches navigating there could cliff what do they do to get on and off the box?

Well, I mean I get it.

GEO made his case that she's one hundred percent unable to get to work. There, unable to get to work without spending one hundred and twenty dollars a day. So what happens in a case like that, Cliff. I mean, let's talk about the cold heart system.

How does it work.

Do they say, oh, this woman's she's going to get one hundred and twenty dollars a day from us because she's different than Mary Smith down the street who only needs a five dollars.

No, they don't have to pay for her transportation to work. You're absolutely correct and that, and for for the reasons that you uh said. The basically everybody's responsible for getting to their job. However, let's say that you know you're on narcotics for your injury and you can't safely drive that the argument could then be made, hey, I really can't get to work. That that's a restriction that prevents me from getting to work. I can't safely do that.

I think what they're going to do is fire, and I think she's going to get fired. And I and Cliff they have every reason to fire her if she says I can't get to work, that they're going to fire her.

So GEO just that the becomes a wrongful discharge thing, which we don't do. That's a whole different area.

Of the law, guys. I want to steer this a different direction real quick. Then we'll take a break. But Cliff, just a couple questions. One, what is the status of people going at something alone during a workman's comp in collecting money or getting money compared to someone with an attorney. Is there stats out there like that for workmen's comp.

You know, I don't know that there's specific stats, but I've been doing this for thirty years and I can tell you that it's a rare case where someone's going to call the insurance company and then all of a sudden going to say, oh, yeah, you're right, we're wrong.

Here, we're going.

To pay you a temporary to little disability. Hey, we're going to give you all this all this money. I do know that statistically, although I don't know the exact stet, you're much more likely you get a fair impairment rating fair medical care with an erect protected when you have well yeah.

Because first of all, they know they know they can't bs them. Now get I gotta get to this break. But here's what I want to say, Daryl. You have a legit issue if she can't get to work. But remember they don't have to make each and every accommodation.

So as soon as you tell them she can't return for light duty with restrictions, they're going to fire her. So it doesn't sound like it's the most stellar job in the world.

She'll still get this case going, she'll still get what's coming to her on this case, and she find another job.

I don't know what else to say, Daryl.

Because systems are not set up to accommodate people. We don't have a nanny government. And again I'm not saying you're asking for that, Daryl. Trust me, I know you're in a hard place there, and I'm not making fun of you or anything.

I'm just saying the system.

The government is not set up for each and every person. Okay, it's very, very difficult unless you came to the country illegally. Now we have more coming up on the Troubleshooter Show. Let me give you Cliff Enton's contact Enton E. N T. E. N Entin Law dot Com. Three o three three three three two two two two. That's three oh three three three three two two two two.

Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven seven to one.

Help.

You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.

Hi Tom Martino here by did I tell you? You can also text me on the show now iHeart has a short code five seven seven thirty nine. Just text me there or I have my private line. And by the way, it is private. I carry it all the time, so if you text me at night, I'll get it and I put it in a folder to call you back on certain problems. And this number you can even text me about Wave eight Capital or whatever you want.

The closest to perfection.

And fifty two eighty for the Mile High City seven four seven nine nine nine fifty two eighty. We have Mark Schmanski with us, and we'll be talking about issues with stucco, because I'm getting some questions on stucco.

Some people I believe don't even know if they have stucco.

But I know Mark, along with Genesis Total Exteriors has just about everything with UH when it comes to stucco as far as knowledge and execution. Darryl right now has an issue with an attorney. Darryl, what's going on?

Both?

Yes, I have an issue with an attorney. I acquired this attorney last November eighteenth, and I spoke with him about some problems that were going on with me and my family.

Basically, my mother is, well, give me.

Give me some specifics.

Like you, it's pretty odd to hire an attorney to go after your family unless there's something going on, like specifically, was it just was somebody about to die, or did it have to do.

With an estate or what?

Well it has to do with an estateium and yes, my mother getting old. What was going on? Was my my mother? She voice to me years before that her pension had stopped and she didn't she didn't know why. This was back in twenty fifteen or twenty sixteen, and iiate, I immediately thought that my sister had.

Something to do with it, and did you look into it?

Well, I the way I looked into it was I tried to I did acquire this attorney, and he told me, okay.

So that's one of the reasons you hired the attorney.

You thought the sister somehow might have cashed out that pension or something.

Yes, yes, okay, okay, I would she.

Have done that without your mom's permission? Did I miss something or was she?

Well?

What she did was you know, with my mother not really knowing. Took her to my mother's bank and sat my mother down. I was there, went up to the tell her, got some paperwork, brought it back over and to my mother and basically made like my mother signed it and took it back to the teller. That was for her social security. But the pension part, my mother told me that she was going to have quite as she said, is no way, I'd spent all this money and I'm going to have you know X amount of

Yeah, yeah, no, I understand this. It's all circumstantial. But here's what I want to know. When you hired an attorney, and remember, this is not an estate right now, this is not This is a private family matter, and basically no one has to tell you anything. But there are things he should have asked. We'll go over that coming up right after this.

Okay, go with a sure thing Denver's Best Ruffer Excel dot com. You don't pay a cent until you're content. Wait time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven seven to one.

Help.

You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two.

Hi Tom Martino, be your troubleshooter. Three oh three seven to one three talk waterpros dot net. The best water system is the lowest prices. You got to go and check it out. You'll never get anything better health for your body. And if you're taking supplements and watching what you eat and exercising, it's all nothing without good water waterpros dot net right now, a whole house system under four grand for everything to keep your water pure, your showers,

Well, the attorney said, well, the first thing you're going to have to do is get conservativeship and guardianship over your mother.

All that's not true.

I mean, in other words, you just wanted to know what happened with the pension. You can do that with your mother's permission. Your mother would give you permission to access her account and work directly with the insurance company with the pension. You wouldn't. You don't have to do anything. I don't know why your attorney would tell you that.

Yeah, he told me that. But my mother has dementia and so.

So she can't grant you. She can't grant you a power of attorney to look at that account.

Well, my sister she had got in power of attorney through someone at her job about a year ago.

Just you mean somebody at her job helped her get it.

Yes, she has a notary at her job.

And well, okay, all a notary does is, let's not even get into it.

A notary just says this person signed this document. They do nothing about the formation of a document or anything. Not one thing, not one thing do they do if there's words spelled wrong and it's totally gobblygook, they do nothing except certify that or notarized that you signed it. That's all. That's the only function they have. So who drew up this document?

Who was a person at her job, a secretary or do you have a copy of it. No, I don't. She didn't and that was the problem. I never did get to see it. When when when she first said that.

You how many siblings are there? When you when you get it, when your answers.

Get too long, I need to okay, So just you and her, just you and her? And how much money do you estimate where it was in the pension?

Well, my father who's deceased, he told me, now none of that matters.

I need to know what you think was in the I just need to know how much you think the.

Pension two hundred and fifty thousand dollars, which was that was.

Still in it? That was still in it?

Yeah?

Okay?

Now could you could you in a friendly way stay to your sister. I'm concerned about this pension and put it this way. I think maybe the company might have screwed her. We should look into why it stopped. Can you help me out? Would she help you?

No, she wouldn't help me because I did ask Well before I could even ask her, she said, Mom spent all her money and she's not going to be able to ford her house.

The the So did she say that she took it? Did she say she took advanced payments.

No, No, she didn't say anything like that.

Well, there's a reason. There's a reason pensions stop. There's a reason. Okay, right, they don't just stop. What kind of a pension was it?

It was a pension from my father's employment.

Okay, all right, it was it was.

It was two hundred and fifty dollars put up in. The interest off of that was probably fifty maybe a little over five thousand dollars.

Okay, So how much did she get? How much did she get each.

Month the pension was I believe it was like fifty four hundred fifty five hundred. And she also has a Social Security which is about sixteen hundred.

So okay.

My mother was saying, so.

You think, here's the bottom line, you think your sister is screwing your mom? Is you think your sister did away with her pension and kept the money.

Hold on and.

I'm going to see what we can do. I'm just going to see what we can do. Let's try to get mackenzie on if we can. Dan would be a good one if he can talk about this. What do you do when you think someone's cheating? How do you open this up? It happens more and more families.

Mark.

I don't know if you've noticed, but man, the calls have multiplied on families going after families over estates. So stick around for this and more on The Troubleshooter Show.

Go with a sure thing Denver's Best roofer Excel Roofing dot com.

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

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

Two d.

News needed by so you.

Don't have.

Come running.

Just as fast as.

We can show Shooter's gonna help come Man.

Dix is the Troubleshooter Show.

Now Tom Martino, Tom Martino here, Welcome to the show.

Three zero three seven one three talk three oh three seven one three eight two five five.

What's going on? How can we help you? We ask it every day forty.

Five years here fifty years otherwise, but the longest running show on the radio with the same host currently on the air, and.

By the way, that does not escape me. Then it could have been over.

And I'm so happy to be back here, and I'm over the next few months, just says in a service note here, I'll be up and down based on my post surgery chimo, which they're doing.

As a blast for caution, so that today is one of those days.

Just thought I mentioned it because I usually sound like one hundred times better than Mark, but today I'm only fifty times better, so I'm sure you noticed. And Dan McKenzie is an expert that I wanted to get on because, oh my god, he's an estate planning attorney and he helps a lot of people.

And this happens so much. I just it's outside of probate, Okay, totally outside of probate. Dan. The mom has dementia, the oldest daughter. There's just two of them.

There's Daryl who called us, and his sister, and back in twenty sixteen her pension stopped. The mom said, I thought I had a lot more money in there. She was getting a lot of money, like five thousand a month or almost five thousand, and suddenly the payment stopped. Right around that time, the daughter had a durable power of attorney. Suspects that his sister got the money somehow, so he called an attorney and what I'm not clear on, Darryl, what did your attorney say to do?

What?

Let's check that first. What did your attorney say to do?

He told me there is no way your sister should be doing that. And he said, what you need to do?

Well, if she wait, if she did do it, if she did do it, there's no way she should be doing that.

Of course not.

Yeah, yeah, this way he came in.

But did he say did he say he would he would find out what she did?

If anything, there's a paper trail somewhere, right right exactly.

He told me there's a paper trail somewhere, and he says, the best thing you should do is get conservativeship and guardianship, so you can so you.

Can put Darryl Dryld.

Okay, but but you come out of the blue for guardianship. Who has guardianship right now? And that's not a power of attorney, just so you know. Okay, So apparently apparently then she's not incompetent.

And what if you went over.

There, she only got Why don't you a year A year ago.

Okay, a year ago?

Okay, Then I don't know what she did back in twenty sixteen.

I don't know, but.

You you can ask your mother, chick, why doesn't your mom get a full accounting of her pension? And then we'll see what happened to the balance of the money. What she well she has to do. Why can't she do it?

I can't do anything right now because she's eighty seven with dimension in the last stages.

I mean, okay, okay, you said she's not declared dementia. She doesn't have a guardian. So here's what you do.

Instead of being assigned I mean, you can be assigned a guardian, But how about getting her to sign a power of attorney. Ask your attorney to write something up for her to sign. Get her to sign it. No one says she's just you know, if no one's disputing her mental health right now, get her to sign. And now listen, you're not talking to Dan McKenzie. Dan, what

Is it a durable power? Attorney? For everything?

Darryl?

Does she take care of everything?

She takes it right now because she's off she's a school teacher. She's off of school right now. She moved over to Yeah.

I don't care about where she moved. All I want to know is does she take care of all the books?

Yes?

Yes?

Okay?

Now will she let you say them? Say? Hey, why don't you put it to her?

This way? Hey?

Mary, you know our mom's pension stopped in twenty sixteen.

There might be money on the table somewhere. We should look into this. Would she help you look into it?

No, she won't help me look into it. Why she is? I have no idea. She's just like that. She's so.

Here's what I don't understand.

Why does your attorney feel all you have to do is become is did he say you should open up probate? First of all, Dan mackenzie, can you even open probate when someone's still alive?

Yeah?

Yes, that is a conservative ship. That is a probate case.

And and do you think that's good advice that he go for that? And the sister's going to object, right, Daryl, she's going to object.

Right right, Okay, So when she had.

When she had put oh hey, you already filed that, it would have been nice if you told.

He took me through the like Like I said.

I acquired this attorney on last November and we've gone through the whole thing. Had uh uh senior was the senior social caseworker come to the house.

Okay, I'm okay, So you did you did file.

You did file a motion with the courts to open a probate a conservative ship and take over. Right, So did your your sister knows you filed it.

Now she does, Yes, she does, and she's got an attorney. And my attorney hasn't even told me that she has an attorney, but she has an attorney.

So your attorney, let me get this straight. So your attorney, you have an attorney. So what was your Let's just go right to this. What was your question for Dan McKenzie today?

My question for him is is it possible that I was trying to get the house not to go into probate court by applying my name, you know, even my sister's name on the property.

Do not do, do not do a quit claim. Do not do a quit claim deed.

I just posted something about that a quit claim deed is not a good idea.

Okay, I don't want to go into I don't want to go into all the details.

But it's always best, It's always best. Well, okay, let's say ninety eight percent of the time. I'm sure as an attorney, Dan McKenzie will say, you can't say always because sometimes, but most of the time, it's better to leave the house in a beneficiary deed or in a will because then you get the stepped up basement excuse me, basis of today's of today's value. So don't do stupid things like a quit claim deed.

All you need to do is a beneficiary deed.

But if you do a beneficiary deed, it's either going to be to you or your sister or both of you. So is your sister in favor of a beneficiary deed.

My sister won't talk to me.

Okay, you want talk to Dan, I'm throwing this in your lap.

They want to make sure the house is preserved, but they're not even talking to each other. So I don't I don't know what do you do in a case like this, Dan, where siblings aren't even talking. Can you go to the court and say, hey, make her talk to me.

I mean, that really is the conservatorship route, you know that. And the issue that is difficult is that when the mom is alive, she's given power of attorney to the sister, and really the sister's obligation is to the mom. She doesn't really have an obligation to her brother at this point. But Daryl, you can step into the shoes of your mom by becoming her conservator, and at least that process might squeeze out some information about exactly what's going on here because it is a it is.

A core process.

So when he applies for it, she's going to come and object, and that's where they can have this conversation about the pension and all of that. Would he be allowed to say, look, I'm doing this because there was some questionable activity with that would open it all up.

Right, Yeah, I mean, I suspect you could do that. Once you're in a court case, You've got some discovery tower probably and could ask for some documents about exactly what's going on.

So you're heading in the right direction, Daryl, Yes, But Dan, as far as the house goes as far as the house goes. He can't do a beneficiary's deed right now, unless I mean, if I mean he could, Yeah, I mean you're the sister would have to sign it, because she's the power of attorney.

Only if that power of attorney gives her authority to do estate planning for on the mom's behalf. It's got to explicitly give her that power.

And okay, so it depends on the power of the of the attorney, the.

Power of attorney.

Well, right now, the power attorney is just what it was over her finances because I got my attorney got through the courts an emergency conservatorship on my behalf so I could least try to go into the accounts to figure out what's going on. But the banks started giving me trouble and they start saying, well, why in your attorney doing this? You know, why are you doing this? So I never did get too far with the attorneys. I didn't get the did.

It expire the temporary expire.

It expired, then it was given back to me and we go to course.

Okay, so right now, let me get this straight, Darryl. Right now, you have a temporary conservatorship right now.

Yes, I do, Yes, I do.

Okay, Man, you should have told me that upfront, because here's why, Dan McKenzie. He can go and get a complete accounting of that pension right now. Accountyp yep, Darryl, you can contact the pension company with that, with that conservatorship. Is there a Dan, how do you approve you have a conservatorship? Does he have a certificate of something that he can show the pension company?

Yeah, he gets you should have emergency letters conservatives knowing that he is the cost.

All right, here's what you do, Darryl or no, I'm not going to say here's what you do. We can't give you legal advice. He's on the error as an expert, and and I'm a host. But here's what we are saying. If it was me and Dan was advising me, I would go with that temporary conservatorship and take advantage of it.

I would I would write right away.

I would go back and demand a full accounting of that pension. That pension is wallpapered by law. They have every dime going in, every dime coming out. And if she cashed it out, and if she made herself a beneficiary, and then she could have done anything.

So that's the.

First thing you do. The second thing I want to ask Dan McKenzie. Does he have now that he has a conservatorship, though it be temporary, does he have the right to use that to do a beneficiary deed?

Oh gosh, I don't know.

Actually, I mean, I think conservativeship probably is limited to in some way just to do whatever the emergency addressed the emergency. And I don't know if a beneficiary deed is really an emergency issue.

Well, but it could be a fiduciary item where he says, I am leaving this house to my sister and me for the benefit of the estate.

Who would object to it?

Would Does sister object Daryl to a beneficiary deed naming both of you?

I don't know. At this point, she's so well, well, well, let me ask you.

Does she think she's entitled to everything?

Yes, she thinks she's entitled to everything.

Why Why is that.

Because she because she makes more money? I guess.

Okay, listen to harrol Idea.

She's because she said, she said, well, I'm can't afford this house. I'm going to have to come over there and and and help out with the with the uh, with the with the upkeep of the house.

Is the house paid off, Darryl? Is the house?

It is paid off off?

And she was trying to make me pay rent at the same time. And I moved Why do I moved into the I moved in five years before she came there.

So how long have you been living with your mom?

I've been living with my mom since two thoy fifteen sixteen.

The same time the pension went missing, right well, and your sister can blame you. Look at do me a favor, Daryl.

We this just gets getting deeper and deeper, and you keep telling us new stuff like, for example, I have led with I have a temporary conservativeship with my mother that I'm living with. I mean, that's really so ask your attorney please, because I can't talk to him. I don't know if your attorney's doing good or bad. But the attorney did not give you bad advice as far as opening up a conservatorship. But now you got to use the powers of that conservatorship to find out one

Had it done thirty nine bucks two hours.

They stay at your house and they practic practically refurbish everything and if you ever need a replacement of anything, and anyone tells you that they do, free second opinions.

Fix Myhome dot com book now.

Go with a sure thing Denver's best rufer Exelroofing dot com.

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

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

Hi Tom Martino here Drew seven one three eight two five Let's keep going here and surely wants to talk about service and sales on a Cadillact.

This is a pretty new Cadillact.

Shirley.

Did you buy it new?

Hey?

Yes, I did, Shirley.

Where did you buy it from?

Automation Dodge on Eastern rapa Home?

Okay, man, we get a lot of complaints. Mark, have you noticed about that dealership?

Really?

Great?

Well no, no, we get that particular dealership, that particular dealership.

So tell me the issue.

You bought a new twenty twenty four Cadillac and what's going on?

They used them?

It's a used one. It had oh use weet twenty one thousand miles on it. It's a twenty twenty four traded in a twenty twenty one Grand Jeep Cherokee. The price of the car, the Cadillac was thirty seven five. They gave us twenty seven five for a tradeing of the jeep, so that meant we had to come up with thirty or eleven thousand some.

Which So how much did you get? How much did you get for that jeep?

Oh?

No, what did we get for originally?

No?

What did you what did they give you on your trade?

You?

Twenty seven five?

Okay, yeah, you said that. I didn't get it. So then on that twenty seven to five, did you have a loan?

No?

No, okay, okay, keep.

Going, okay, So we had to give them in turn eleven thousand some odd dollars, which was fine, no problem, right, except there were start right from the beginning, there were some red flags and I we kind of ignored them. But when we first started in on the process, we are here, how.

We give me general start?

They started the process and in the stack of papers to show you what all is going to happen and whatnot, in that pile was the warranty and it said no warranty, huge letters, no warranty. Well I went, I said, why on earth would it have warranty? And he said, oh, never mind that, and he just took it, took out a new warranty and marked it. Yes, okay, okay, all right, So immediately I he marked.

It on the contract, on the purchase contract where it showed thirty seven to five minus twenty seven to five a balance due of ten grand, and then on the contract it says warranty, yes, yes, yes, okay. You know I can talk to your husband if you want me to. I can talk to him because I know he's behind you or you know, whichever is easier, So go ahead. So warranty marked, yes, go ahead, Yes, So.

They changed it and we did have a warranty.

So I felt, did you know did you know what kind of warranty?

I mean a warranty could be like five miles. I mean when it said warranty, yes, what kind of warranty?

Five years? No, five days or two hundred and fifty miles.

Okay, So you know that for sure that's the warranty that was giving you.

Yes, yeah, five.

Days or two hundred and fifty miles. Okay, So keep going with your well, keep going with your story.

Okay.

So then I'm thinking, okay, I and originally I thought it said five days or two hundred and fifty miles. Well, we started having problems from day one, and by the time we got it back okay, I'll start back.

It is it is five days or two hundred and fifty miles, whichever is shorter. That's the way it is in every warranty in the world. And it would have clearly would.

Have clearly said that in your document, and I'll guarantee it does.

Okay. Well, that's what we kept thinking, and he said No, it had to be both. It had to be under or on the fifth day. And yeah, only yes, only two fifty miles.

Right, Well, were what a name is?

Surely surely if it's over two hundred and fifty miles and it's the third day, you're out of a warranty. It either triggers in five days or it triggers at two hundred and fifty.

Miles, whichever is sooner. You don't have two.

Deadlines, you have one depending on when it happens. So the first five days you have coverage unless you hit two hundred and fifty miles. So are you saying you had a problem within the first five days but the warranty expired.

Yes, if that's the case.

Okay, what is the problem that surfaced.

The day started rattling on our way home?

What did it?

What did it end up being? And I want to go right to the bad part. What problem did it end up having?

Okay, So when I got home, I called back, can.

You tell me? Can you tell me what the problem is?

Get right to the part where it was diagnosed and they turned it down.

What's the problem.

I don't understand that.

You don't understand the question it's the most basic question in the world. You're calling me because your new car had a problem. I'm asking what the problem was that they would not cover.

Did did the warranty turn you down? Let me let me start there. Did they turn you down?

No?

They had me bring it back, okay, And then we did the which I did the very next day, day two, we took it back to have have. They said to bring it back and we'll fix it, which was fine.

All right.

So now we're on day two and.

I don't I want to try not to go through each and every day. Could you just tell me what you're calling about. Listen, surely I'm interested in this, trust me. I just want to get to the problem, the problem. Then we work backwards. What is the problem that had you call us today?

It was still rattling after they said they fixed it.

Okay. Now the rattling. Is this rattling in the dash itself, like a mechanical rattle or does it sound like it's coming from the engine.

No, it came from, of all things, where the sunglass holder is on the dash. It was rattling and it was making this horrible noise. So we took it back and they said, yeah, we fixed it, didn't didn't fix it. And the dashlights there were two dashlights that kept coming on so while and this was while it was under warranty, right absolutely.

Yes, Okay, good because if they can't fix something under warranty and the warranty expires, that one item is still.

They still have to fix it. But I got to give you some bad news.

And the bad news is that rattle may not have been covered to begin with. It may have been an exclusion because usually noises and rattles are not covered.

That's why I asked you if it was.

A structural thing with the engine or the transmission or the drive train, or was it cosmetic like like you said, the mirror, the dash None of that will be covered under a warranty.

Even like the light. The lights that flashed on that say.

Caution, Well, if you have an idiot light come on, they should investigate the cause of that. But remember you had a right to investigate the cause of that as well.

So what did it turn out to be? The lights going on?

They never told us. They told us to bring it back.

D What did you want to say? Go ahead, just hold on, de go ahead?

Sureley? How many miles do you have in this Cadillac.

Thirty good?

Okay, good answer, that's okay, okay, you got to keep going.

According to the Internet, the twenty four Cadillac Acts comes with a four year, fifty thousand mile bumper to bumper warranty from the manufacturer.

Well, it may not be transferable in this case.

Well, I've never heard of a bumper to bumper warranty that's not transferable.

I've heard of plenty of them.

First of all, if they don't do it in a certified fashion acceptable to the manufacturer, the certification does not carry through the secondary owner. Also, there's another one, and that is if that particular car was a Lemon buyback, you don't get the you don't get the extension and mark. There are a number of others that Hyundai has. Right conditions before bumper to bumper, it's all. It is what it is most of the time. On bumper to bumper it is what it is, but on the power train.

But it has to be certified right.

Well, and I agree with you answering, no, I would love.

It if she has a manufacturer. Surely he's saying you have a manufacturer's warranty, right.

Now and she can find out for sure whether the warranty is an effect and what the dashboard warnings are for, because that sounds more serious than a rattle. With a simple trip to the Cadillac dealership. Are you are you costing nothing to stop?

Have you gone to a genuine Cadillac dealership?

No, because we don't have one in our area. Where do you live in Yuma, Colorado?

Okay, Well, it doesn't matter that there isn't one. You have to find one, and you have to have them take your VIN number. They run your VEN number to make sure that there are warranties or not, and and and then once you know.

You can even call up talk to the service department and say, hey, I just bought this, tell me about the warranty, and then get it right.

They can look up you're right, Mark, She can do that by phone and they can look up your VIN.

How far is Yuma from Denver's?

Probably?

Wow?

And so okay, would Denver be the closest place?

Yeah, pretty much.

Okay, why don't you call a Cadillac dealer to be with, given your VIN number and see if it's still under warranty and tell them you bought it used. Tell them the story. Don't tell the story about your problems. Just say I'm looking for a place to service my Cadillac. I bought it twenty twenty four with you know how many miles on it, and I'm looking to get it serviced. Is it's still under factory warranty? And if it is, your problems are solved.

Oh, by the way, there is a Cadillac dealership in Greeley. It's called Cadillac.

Yeah, Greeley the same amount as Dry.

If it's the same amount, avoid Greeley like you would avoid herpes in open sore herpes.

Avoid Greeley.

So Tom, Hey, Tom, I'm well familiar with Rickenbaugh Cadillac. It is a phenomenal dealership and that would be back Collins, right, No, Rick, Well, but they're right downtown Denver office Spear great great dealer, Mark Schimanski.

You've had personal experience with them? Yes?

I have?

Okay, good?

So the warranty Mark just for five days, two hundred and fifty miles. The problem with the dash rattling, and the dealer took it back and said they fixed it, but they didn't. That's it in a nutshell, right, How bad is it right now? How bad is it right now?

Well, if the lights are still coming on and the rattle's still there, and we can fix the rattle by holding the glasses holder.

You could just yeah, I'm sure it's one of those metal clips. Well then then it has less than thirty six thousand miles though.

Right, yes, absolutely, and we called them on day five.

Okay, listen, it's we get back.

We can't.

You can't return the car. I mean, it's a warranty. It's not a guaranteed refund or is it.

Is it a guaranteed refund for five days?

For five days?

It should be no, not if you went over two hundred and fifty miles. Did you go over two hundred and fifty miles? Yes, Well, then it's not that your warranty expired at two hundred and fifty miles.

It's not five days. Listen. Let me give you an example.

When you take it from the factory, and let's say you get a three year, thirty six thousand mile warranty, you don't have if you put two hundred thousand miles in that car, you're not going to have a warranty for the next three years.

It doesn't work. That way. Everybody in the world knows that. I don't know why you think you have five dais retired car.

Great brother.

Okay, let's take this break. Then we got more coming up.

Go with a sure thing Denver's best roofer Excel Roofing dot com.

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

Time for an insurance checkup free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three O three seven seven to one.

Help.

You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.

Hi Tom Martino here, Welcome to the show.

Okay, by the way, somebody did text me about a dealership being pretty close to her. Well, I don't know if pretty close, but they said Vince's GM Center in Burlington. How much closer? Is Burlington? Much closer?

Okay, so they're closer to Huma than Greeley or.

Denver, So she might want to check that. But we have to take this one step at a time. Is it under warranty from the factory. That would be great.

If it's under warranty from the dealer. If the dealer never Let's put it this way, if the dealer never checked the car and fixed it under warranty, that even that five day warranty could be longer. So the argument I would make is you never fixed the original problem. It's still under warranty. Therefore I want to return the car. But here's the problem. We don't know what the problem is. She has a rattling in idiot lights.

So if I was her, I would take it to another dealer and find out what's wrong with it. Then go back and say, here's what's wrong with it. You didn't fix it while it was under warranty, so fix it now because that warranty was never satisfied. Okay, Charles, you have a question about probate. Go ahead, Charles.

Oh yeah, Tom, I need a referral for a probat attorney.

Okay, I can give you one. Dan Mackenzie. He was just on the show earlier answering questions. He's a good guy, mackenzie law and I'll give you his number in a second. Tell me what the problem is.

My partner passed away and we had a will and the judge voided it.

Now the partner. Was this a conventional marriage or you just somebody you lived with?

We lived together, and you've.

Held yourself out. Did you hold yourself out as husband and wife? Like introduced her as your wife or your husband? I don't know, you know, did you do it that way? Did you guys consider yourself married?

Pretty much?

Yes?

Okay?

And why did the court void? And who your partner died? I'm sorry about that. When did your partner die?

September twenty year, twenty twenty three.

Back in twenty twenty three. And then you tried to open a probate?

Yes?

Okay?

And what happened when you tried to open a probate? The judge wouldn't let you, or it opened and closed? Tell me about that.

Oh, it opened, we went to trial.

And you went to trial. So this was for your common law wife. You want to open a probate and they would not let you.

No, they let me.

Why did they will?

It was a hearing type?

Yeah, okay, who is contesting it? I want to know who is contesting the probate? I mean, usually if you want to open a probate for your wife. Who's going to protest? I mean, there's got to be someone who thinks that they should have got that they should get.

The estate or something first, first, for discussion purposes, and because we live in today's world. Are we talking about a wife?

We were not married, but you're talking.

About a common law wife, someone that you introduced as your wife.

You guys considered yourselves married. Is that correct?

Yes?

Did you co mingle finances?

We filed taxes together.

Good, you're married. Now here's the I'm just saying that in a quick review. I don't I don't want to give you legal advice on that, but I assume that you were common law married. Now, your common law wife died in.

Twenty twenty two, twenty three, twenty.

Twenty three, and then you went to the courts win to open probate.

A week after and then it was opened. Why was it challenged?

The daughter challenged it.

Okay, that's see. Now That's what I was getting at is this is not your daughter. This is her daughter. We got a break, brother, Okay, hold on, we'll come right back to you.

Wait a minute, go with a sure thing. Denver's best roofer Excel roofing dot com. You don't pay a cent until you're content. Time for an insurance checkup free, no obligation. Comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three

Hi Tom Martino here three O three seven one three eight two five five. So, uh, we're uh, let's take another problem here, and uh, we're just going to have to Charles this probate thing. Why did they close it? I'm going to take another problem I should have said after the break, Why did they close it when your daughter contested it?

On what grounds? Did your daughter contest it? It was her daughter, so she believes she should get everything correct, and she probably tried to bring up the fact you're not married, right correct? Did the courts recognize you as married or not?

Did they make a decision, no decision, Well, the decision was that you couldn't do probate.

Did they allow her to do probate.

No, I did probate. It was in the will.

I understand it was in the will that you opened probate.

Yes, and they appointed me executor.

Okay, so why did the court? What did the court do? Exactly? You didn't tell me. What did they do? Well?

My witness? No?

See, hold on, no, Charles, I don't want to hear about.

The case at all, not one day, not one utter of testimony.

I want to know what did the judge decide in her favor that it was in the door. Did they make her the executor?

Yeah?

Okay, hold on and we'll get our attorney on about this. I'm Tom Martino, and we have a follow up that Deputy Dmitri has been working on with a contractor and more on the Troubleshooter Show. We're working hard to solve problems. Also, we have Genesis Tootalexteriors dot Com in the house.

More on that coming up.

Go with a sure thing Denver's Best Roofer Excel Roofing dot Com.

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

Time for an insurance checkup free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies.

Find out now three all three seven to seven to one help.

You'll think you're his only customer when you choose Frank durand the real estate man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two.

Y'all ripped up.

New need advice so you don't have.

Come running.

Just as fast as we can shoot is gonna help come Man Dix is the Troubleshooter Show.

Now, Tom Martine, Hi.

Tom Martino here, welcome to the show.

Let's answer your questions, try to solve problems and take your complaints. And I'm gonna get Charles ready for an attorney because and we'll have the attorney on uh, if not later today tomorrow. His common law and wife died in twenty three. He opened probate one week one week later, and her daughter contested it. Now here's the thing. The daughter had standing. The course found and they found you

Well, we didn't have paper, No, how.

Long were you together? I know you didn't have papers.

Common law marriage doesn't have papers, but you're married just the same under certain circumstances. Again, it can be challenged very easily. And it was so how long were you together?

Twenty years?

Okay? And that whole time you talked about her as being your wife. Yeah, okay, exclusive, Now did you live together.

The whole time?

Okay, Charles, I don't see why the courts said you were not a spouse and we're not entitled to any Did they grant you anything at all? Like spousal rites, which is half of the estate. It's ten percent a year, No, I think it's ten No, it's over ten years. It's fifty percent of the year state So however many percent that would be per year? So you're saying that they you got nothing, and they appointed her daughter, right, and her daughter is now the personal representative, right, yes, okay,

Stuff?

I found a new will, and when was the new will? Drafted two years after the first one.

Okay, her latest will?

What does her latest will say.

That she's leaving me the house?

And the daughter can and contest that. What is the is the daughter saying.

No, hey, I just got served papers.

Why would you get served papers?

She found emotion to dismiss.

Okay, to just okay? Okay? And what why is she what inner motion? Why does she say she wants the will contested?

Because she's doing everything the right way And I'm not saying you didn't do things the right way.

There was really nothing for you to do. You live with a woman, and now you just want to get the house she said she would leave you. So what is in the estate other than the house.

Personal furnature?

Is the house paid off?

Yes?

How much is it worth?

Tis hundred?

Okay?

And the daughter saying hell no. So what does your attorneys say to do at this point?

I don't have one.

Okay, you need to find an attorney and fight this. Okay, you do.

They look past your common law marriage, but that was only for personal representative. If they made the daughter the personal representative, she still has to abide.

By the will.

So just because she's personal representative doesn't equal, I get everything. So Charles, you really need an attorney, and uh, you know, and I do have a I do have one that we that you should at least check with, and that's Dan McKenzie. Mackenzie law. Let me give you his number. He got something to take his number down. Yes, okay, three oh three co plans. Just follow the letters on your phone A three to three C plans and on the on the internet. It's on the net. It's co

We get to the camera here? What is this all about?

Rome?

Well, you know you may recall that on June ninth, Dorothy Roger's wife called because they had contracted with a door knocker for some concrete and asphalt work in their driveway.

And that call was when that was on the ninth.

Okay, Dorothy called this and I have since began to work with with Roger. So they contracted with somebody who came to their door and it's called C NJ Concrete and Asphalt Repair.

Yeah, I remember that.

Yeah, and since then, Dorothy and Roger sent me, excuse it, at least a dozen photographs of just an awful looking.

They put steps on the house and they did a terrible job.

They came back and redid the job, additional work on like diamond cutting the driveway, and so the contracted amount of forty nine hundred she paid in full. The job was completed around Well she's saying it's not complete.

Well, you know, it's hard to tell from the photos the degree of completion, but if it was redone, it really.

Was done kind of amateur issually in my opinion, and so it was really you went out and looked at it. They sent me dozens of photo I can't go out got it.

And what Roger wanted was surprisingly only a seven hundred dollars refund. Why I'm not sure how he came up with that, but that's what he wanted.

And that was Roger and Dorothy.

Yeah.

Yeah, And so I actually was able to get a hold of Grandpa Joe. It's CNJA Concrete and Asphalt repairs.

And last week, Grandpa Joe, this is really your grandfather.

Well I don't know.

About okay, actual status. See, I know he goes by Grandpa Joe, and Grandpa Joe told me that he'll come by Roger's house this week and give him seven hundred bucks. So I talked with Roger. He thought that would be pretty cool if that actually happened. And Roger told me that he'll call us back and tell us what happens.

So apparently he's on the line to kind of fill us in on the latest.

Okay, so what's going on with you, sir Dorothy and.

Roger?

What's going on?

Roger, Well, it's Thursday. I have not had any contact with Grandpa Joe. And what I've found out who these people trying to communicate with him is they will tell you exactly what you want to hear and do anything.

About it, even Grandpa Joe.

Even Grandpa Joe, you know that's not the owner.

We don't even know who the owner is.

Tom.

What one of the problems is I was unable to locate a company called CNJ Concrete and Asphalt Repairs with the Secretary of State's office. Furthermore, Roger sent me photocopies of at least two checks that they wrote to this company, but all the checks and I take that back, all the checks were written to individuals. They wrote checks to either two or three different indivents. Weird, So I don't

It's just first names.

That's really This is really an informal door knocking.

Yeah.

I think it's just the two or three clowns that go around and you know, collect money for amateurist jobs. So if Grandpa Joe does not show up today or tomorrow with a check, I think Roger and Dorothy are out. I mean, there doesn't even seem to be a company to go after. So Roger, I'm really sorry to hear that he hasn't been there yet. But man, there's I don't think there's anything else to be done.

Well, yeah, I agree with that, and I if I knew how to get a hold of them, I would have in the meantime, And like you say, you can't get a hold of anybody, Well no, I did get.

A hold of people. I'm just saying that.

They promised the world. They just keep talking. They just make promises.

Yeah, we have phone numbers for all these guys.

Yes, the original thing was my front steps leading.

Up to my house. Right, I remember that.

They did a terrible job.

They redid it, right, Yeah, and you're still not happy. Listen, listen, Let's wait, let's just do this.

Let's wait to see if we hear from them, and if you hear from them, I mean, and then just let us know and we'll take it from there. That's that's all I can tell you. Three oh three seven one three eight two five five.

Go with a sure thing Denver's Best roofer Excel Roofing dot com.

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

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

All right, three oh three seven one three A two five five We got lines open. You've been ripped off for taking advantage of or just need some help? Get those calls in.

Get him in right now.

Three oh three Martino, three oh three seven one three A two five five. I got Deputy bo sitting across from me, Deputy D at the remote undercover location. And here's the deal. I got to assign him some cases. Three oh three Martino. Now I want to jump into all the hell we've got and guys, please, and I'm talking to Mark uh and I'm talking to Matt So. Matt Stanford's with Paragon Services, Mark Schamansky's with Genesis Total Exteriors, who we talk about all the time. By the way,

Great.

In fact, when Omar came and did that last punch list, he did some really cool stuff. I'm not gonna I'm not gonna tell you about it because I'm afraid you might build.

Me extra That's right.

I think I have a change art coming.

Yeah, change order.

Hey I heard lemon size hail. Did this really happen or is that just something? I mean it was out east or something baseball size hail that'll go.

Through you, that'll damage your coffee table.

So there's nothing.

I mean, I don't care like I've got a hailproof roof and it's thick. Yeah, that's what I'm saying, because you gotta think of how quick that stuff just because the pure weight of it. Now, when I looked at it, Suzanne had some pictures. Here's what I thought.

It looked like a.

Bunch of the smaller stuff somehow all got together in the atmosphere.

That's how it happens, is you have you start with pea size. Yeah, a rain drop freezes as it's coming down, and then wind will push it back up and it connects with another it refreezes, and there refreezes and it comes down it's melting and gets pushed back up in the air and refreezes. That that's how you get the bigger head.

There was holes in houses, like you said, literally holes in the roof, sunlight coming in.

Dogs, you know, I mean livestock.

So what do you oh, yeah, then you think of that like livestock, especially out east. I mean, that's crazy.

But besides, and this is why I like why you guys teamed up. So besides the roof and mark you guys do everything you do. If it's stuccoh you can redo the stucco, siding, paint.

Whatever, it is.

But Matt, you go out there because a lot of these insurance companies simply want to say, oh yeah, we'll pay for the roof, and then they kind of slime ball their way away and what other things. When you've at decent sized hel and it doesn't have to be hal that comes through your roof like we're talking about. But when you get a good hailstorm, what are other things you guys are finding on homes a roofers, don't.

I tell you? I mean, we just had one Elizabeth that happened with about three weeks ago, four weeks ago.

That was a big one that hit our that hit frank down.

Too right, and that one, I mean a home before had some hailed image on the roof. But now all their windows are getting replaced. Every one of their metal clad windows has damaged.

And listen to this, people, this is one of the biggest saying. Insurance companies want to just glance over the window. The glass doesn't have to be broke by any means that little seal. Explain, the seal on the windows match.

So if part of the frame of the window is damaged not I mean a lot of people just look at the glass and say, hey, that's not broken. But if the frame is damaged or the plastic beating.

Or pure MIC's not working, man, we got to get you swapped around somewhere.

Go over to that other sea.

Is mine working because I think yours is okay because my headpines aren't.

Yeah, go ahead, So pick back up on the seal. So even though the glass isn't broke on windows, the seal can get broke.

And you explain what that means.

Yeah, So basically, your your glass pack is called an ig pack, is a sealed piece of glasses, a piece of glass with a space rim between and that makes a double pine glass or tipple pane or quad paying glass. And so that that air gap can get compromised by getting hit and if that happens. If that happens, then your your window is obviously just defective at that point and it needs to be get redone.

And you can't necessarily see it so unless someone inspects it correct. Now, where you see condensation when it gets really hot.

And you know a lot of times in the morning or in the evening is when you get to see the condensation.

How many times do you run into that matt all the time.

I mean there's there are people that they slowly see fog creeping in between the panes, and that's a broken seal. Happens all the time, all the time. And insurance company sure as hell, don't point it out right. And I gotta say, the four your thieves at some point. Well, it's kind of like with a whole warranty. You know, you have a whole warranty. They show up trying to figure out a way to deny the claim.

Yeah, that's it, But they don't even they don't even point it out right, don't They'll they'll overlook it and mark how much your windows Let's say some of these homes hit in Elizabeth are up in a monument wherever. It is, like, how much your windows in the average house you get replaced?

Oh yeah, I mean you're like twenty thirty grand, Oh for sure.

I mean you know you're looking anywhere from you know, fifteen eighteen hundred bucks a hole to three thousand dollars a hole.

What else besides windows? Everybody knows about the roof, how about your siding?

Size?

Siding? This the same house we're talking at.

Our house when you did it after the hailstorm We didn't actually have damage on the hardy board, but the paint was damaged and you got to say full paint out on all four exactly.

And that that that can happen too where just the paints damage in the side in itself is okay if you have vinyl sighting, it could but holds through that right.

Through it right Or that happened out by the airport years ago. It looked like someone took a baseball shooter.

It just plused. It looks like Swiss cheese.

Yeah, like Swiss cheese. And then what else? So like my outbuildings, you ended up doing roofside yeah.

And so that you obviously got even fencing. See your fencing go around the house.

We've got a lot of people have that plastic fence, vinyl fence, popholes.

Right in it, right right into it.

Yep, your deck saying you got my deck covered that particular, well, well.

Look at that very often. But that's a big one too.

So people that don't know Matt's a public adjuster. This is really important.

When your insurance company comes out and like I'm saying, all they want to talk about is a roof after a hailstorm. There is so many other things they're just not going to bring up to you. They're just not going to do it. If you have a lot of fencing you need to walk around, even if it's a six foot picketed privacy fence, if that hail hits, it damages the stain and basically makes it anything you get that in the claim.

That's right offences, especially if it's stayed. If it's just raw wood, you know, I can get a power washed for you if there's broken pickets, obviously at least money to power wash it, and then use that money for something else if you want. But the bottom line is get as much as possible.

Yeah, get as much.

What is your average matt like if someone comes out and let's say the roof is twenty grand, the insurance company cuts them a check for twenty grand, and in a bad hailstorm, what do you generally up end up getting after you get involved?

Usually I mean, at a minimum, on an average, probably thirty five to forty percent. But some of them have more. But some of them I'm able to double. I remember that skylight one they offered them.

It was the most ridiculous thing I've ever is the best example I have of why to get a public adjuster. They offered her eight hundred bucks. Actually they offered her eighteen hundred, but she had one thousand dollars deductible, which brought down to check eight hundred bucks. I think you got her around sixty to one hundred thousand dollars up to eighty eighty grand. And then the other big one was.

A lab laboratory in Wirsville the fires.

Listen to this, folks. The insurance company came in. It was a commercial claim. They offered them how much originally for smoke damage?

They wanted to clean it for sixty grand?

Sixty grand? What did you end up getting them? Almost six million, six million dollars on both of mine. How much were my initials?

Zero?

Zero on both mine?

My insurance company said pound sand. As soon as I got Matt involved. On the first one eighty grand, it went from zero to hero zero to eighty thousand. On the second one it went from zero. We're that finish out March. I think insurance company adjusters are total thieves.

That's what I think. That's my opinion.

I'm sure there's some good ones out there, but when there's a big hailstorm like what we're talking about these.

Guys going to lockdown mode.

All they're trying to do is basically get away with writing zero or the least possible amount. And that's where these guys come in. These guys can come out to your damaged property and look at more than the roof. You got any questions? Three oh three seven one three eight two five five, I've got to break. It gets me, actually, it truly gets my blood pressure up because both times Matt I was literally hit with denials.

Both times, and how many times does that happen to people? But they don't know to call a public.

They don't know they have rights, they don't know that we exist.

They don't even understand their policy.

They just go, oh, we don't have any damage good and they have no idea. They're sitting on tens of thousands and they're like.

Oh, hell, State Farm or Safeco or whoever told me I had none.

I guess that means I had none.

Everybody holds my three oh three Martino.

Go with a sure thing Denver's best roofer Excel roofing dot com.

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

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

All right, three oh three seven one three eight two five five.

We've been talking about all kinds of things, but this hailstorm and when it comes to adjusters. We had a call during the break someone wanted your phone number, Matt. But it is so important to get a public adjuster. I just can't stress this enough. I literally would have left over one hundred and thirty thousand in the last few years on the table if I didn't hire Matt. And I'll be straight with you, here's how Matt works.

So listen.

If they're offering you thirty thousand dollars and you bring Matt in and he gets you sixty, you got to give him ten percent of that. But a lot of the times you kind of get paid by the claim too, because because there's things in the language where say the GC, the general contractor gets an additional ten percent over the.

Damage twenty percent, So you're getting overhead and profit is what that's called.

If he comes in and gets you overhead and profit, for example, you end up not paying him anything. In fact, you end up in some cases making ten percent more to put in your boxy.

Right then, I wouldn't be around very long if it wasn't a win win win, No, of course.

So I mean if you go even if you had to pay ten percent of what he gets for you, think about it. They offer you thirty thousand, great, you get thirty thousand bucks. Matt gets involved, gets you one hundred thousand, and you end up giving him ten percent of that hundred thousand. And that's always at the end. It's not like they pay you up front. They pay you based on performance. But even if you got you a million, it's still it's going to be ten percent.

Gave them a break, yeah, of course.

But on your typical job too, homeowners, you pay him ten percent, But what would you rather have thirty thousand or ninety thousand on one hundred thousand dollars claim that he gets right?

I mean, it's ridiculous.

But once again, I want people to understand how many, how many home policies do not have overhead and profit.

I don't think I've ever seen one that doesn't have it. Now, whether or not they want to pay it is a fight.

Yeah, you got to fight for it. So if he gets you overhead in profit, you can he cost you nothing.

He literally costs you nothing. And let's explain what overhead and profit is. Overhead and profit generally you can go after if there's more than one thing wrong with the house.

Is that right?

Well, it used to be the three trades rule. So if they explain the silly trades. Let's say you have hail damage and your roof got hit, and you need paint on your siding yep, and you've got some windows that are broken.

Yeah, that's three years the trades.

So that warrants overhead and profit because you need somebody to manage those separate trades.

Yes, So like on my last claim that they told me zero, you got me money for the person that would put in the sliding door. That was the door company, the hardwood people because our hardwood was ruined.

And then what that brought up was paint because when they did the hardwood, you have to remove the base and then put the of course the base back in, and then repaint whatever walls there were. So those were the three and you got me overhead and.

Profit exactly the perfect example of that.

And then another one. I'll give you another good one.

Another thing that's in a lot of these homeowners is if you have to be out of the house, Like when we were having our hardwood done, we ended up just staying in our RV right in our own driveway.

But a lot of people don't have that. They might have to go to a hotel, and that should be covered if you.

Can't be in the house. The only reason we couldn't be in the house is all the dust in everything from doing all the hardwood in our house.

Right, they should pay for temporary housing, most of them up to two years.

And then you guys teamed up together.

This is what I love so kind of Mark in Genesis after a hailstorm, you can only be in one place.

You end up you're the one with the license.

You end up doing everything with the insurance company, reading over the policy that the caller has and making sure they get every nickel due to them. But Mark, you and your guys get out there on the ground and not only check the roof, because of course you do roofing, but you're checking the siding, You're checking the decks, you're checking the fencing, you're checking everything.

Yeah, we walk around the whole house, the whole property and look for everything that is correct.

One of the things, we've got a little bridge that goes over our water feature leading in our front door. I don't know if you remember this, but on that one four years ago, part of that eighty thousand, you got us standing and restaining on that entire bridge.

I remember you laughing because you're like, I walk over that every day. I never noticed you notice it. But yeah, we got some money for that.

It's funny.

You got us money for the deck, which I couldn't believe. For the bridge, I couldn't believe. Oh, I'll tell you the craziest one that he got his money for.

Mark.

I bet you can't guess what it was.

Your concrete patio.

Well, actually he did get us that, but that's not what I'm thinking about, right, Which one landscaping we added? They got plummeled and he got us one thousand or two thousand bucks for a tree?

Yeah, to replace the tree. And that's pretty rare that. The landscaping one is tough one.

Yeah it is.

It really has to be blasted pretty good. But I got along with that adjuster if you remember so, uh.

Oh, he loves that story.

He loves this is the first one.

This wasn't the was a guy. Yeah, explain explain adjusters real quick.

I love this conversation because after a hailstorm, this is information everybody should know.

So I apologize to the callers. I promised, I'll get to you.

I promised, But this everybody needs to know this stuff because if I have one goal in life, it is to go after insurance companies because a lot of people all they do is pay more and more and more each year and never turn into a claim or they get turned down on a claim. And this is where a guy like Matt comes in. So adjusters the first one we dealt with at my house. I remember he

Adjuster that actually works for them.

Right.

Most of the big companies have their own staff adjusters so they can handle the volume. Most of the time, they'll deploy from other states.

Which ones are better to work with, if that even makes sense, or they're all the same.

Oh no, they're definitely not all the same. The best ones that I can rattle off, Amika is really good and they're their adjusters.

Yes, Acuity Acuity.

I never hear anything negative about that company ever, But they cost a crapload a month.

And these ones I'm mentioning are not cheap. Chubb that's another one.

Hub's great.

Yeah, but they're expensive policies.

But use your guys should meet with and they actually go over the should They don't fight with yet tooth and nail on everything.

Any supplements or any code upgrade stuff I send to them is not even a problem for them to address and send money out for.

So I turned in a claim, and I'll tell this story real quick. I turned into claim less than two years ago, but we waited like six seven months to do it because honestly, what happened is water got in, hail piled up on our door, and it melted because the time of year, it melted as soon as the storm went away and got in and ruined our hardwood. But it was remarkable. Hardwood's crazy. When it's wet, it can do this wave, but then as it drives over time,

Didn't even look at it, think about that, didn't even look at it.

They at least tell you that they to come out at least look at it, right.

So finally he's like, yeah, I'll meet him over there, and we end up meeting him. Matt was actually a extra for what movie Into the Wild?

Into the Wild, So if you ever.

Watch him, great bookmark.

Oh it's a great movie. If you haven't watched it, it's unbelievable. But he's in the movie all the time. He's the extra. So what was crazy about it? In where I'm getting to and you know, I'm happy, I've been married thirty one years.

Matt's a pretty good looking guy. I mean, I have a lot of people to ls you look like who what's the guy's name, Bradley Cooper, Like Bradley Cooper, younger Bradley Cooper. So this lady comes knocking on the door. Matt's already at my house waiting for her to show up. And I didn't know as a lady. He might have known.

You did know because you.

Sounded like a lady on the phone.

So I sounded like a lady.

So basically, she comes knocking at the door and I look out there, and she was around Matt's age and I'm like, slam dunk, this is gonna be easy.

She comes in, they start walking the house.

She's eyeballing him like a bulldog looking at a bone. He's schmoozing her and cruising around the house. And then next thing I know, they leave and mac go's h's handled. It's gonna be about forty grand just like that. That's the kind of person you need. Everybody, hold on.

Go with a sure thing Denver's Best Roofer Excel roofing dot com.

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

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

You know I'm bad at given the numbers.

That too when we have someone like Matt and Genesis in and the reason that is, I mean I get I start thinking to the insurance company. I don't think it of Hey, you know people want the phone number, but people keep calling. Turn the break and email and so listen here it is Paragon Services.

This is Matt.

Get him involved right after, in fact, you had hail damage. What are the areas that have been nailed?

Guys?

Well I heard Milligan. Wherever the heck?

That is John John John?

Sound everything east of my twenty five up north and then down you both?

Do you guys? Cover you go for Collins?

Yeah? We know we yeah, we go wherever you.

Go, wherever you need to be. Basically what happens is they just get you all the money. I mean, I don't know how to put it. Genesis Total Exteriors h three oh three six seven nine eighty five O nine. They'll check out not only the roof, but they'll look at everything you got going three oh three six seven nine eighty five oh nine. They'll bring Matt in and then Paragon Services. That's Matt seven nine seven to two six zero zero twenty and Jr.

And Eve.

I promise, and whoever's on three, I'll get to you as soon as we get past a break.

But we only got a minute.

I do want to say this, So if you've had a claim a hail claim, and what when when can you keep reopening one year?

We have one year typically we have one year to file it from the date of the storm.

Now, once you file it, when can you go back and add to it?

You you have two years to dispute it.

Two years.

So listen, if you filed a claim like last year and it was a good hailstorm and all they did was the roof, and you think, because you know you've walked around your property and there was other damage you never got paid for, you can reopen that same claim.

And not have any downside. Right, it's not a second claim. No, it's the same exact claim.

There's no In other words, you won't get penalized by your insurance company come renewal time and Matt can come out and try to get you the money.

Even if the roof was already done.

Right, you know. And it depends also if the customer or homeowner has a supplied documentation for their remaining funds on the claim. A lot of times that closes the book and then it's like, okay, well now we have to read it. Just depends.

It depends, but you can.

I mean, it's worth a phone call to it is it's definitely worth a phone call and say here's what happened.

What if the home owner didn't know that damage then? And I'll say it's been a year after Okay, Hold.

On, guys, we'll do this after seven one nine seven two six zero zero twenty seven to one nine seven two six zero zero twenty that's Paragum Services. Please call these guys up, both of them. Great Eva Jr. Drew Drew hold tight.

Go with a sure thing best roofer Excel Roofing dot com.

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

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

Ripped news You need so you don't have you come run insous fast as you can.

Shooter's gonna help.

Come man, this is.

The Troubleshooter Show. No Tom Martinez, Welcome my friends to.

The only show of its kind.

We've been here for almost fifty years, solving problems, answering questions, taking complaints, recovering money. In fact to the tune of almost four hundred million dollars in refunds and exchanges and services.

That's what we do.

You're dealing with a bad contractor maybe you're dealing with a bad landlord, we want to help you.

We also want to educate you. We've been talking to.

A couple great guys that are on a referral list at referral list dot com. Marknmatt. Matt's a public adjuster. Mark Schmansky owns Genesis Total Exteriors. They've done a ton of work for Susanna and I. So any questions you have about hail claims or anything else like that, we'd love to hear from you. I'm going to get right to the phone, though. We've got three people holding one line open. Three oh three, Martino, Eva, your first, Eva.

What is going on with you?

Hi?

How are you doing?

My son he's thirty seven, and his father that's the way, and his mother and.

As grandmother.

Sorry and uh, they left the money unclaimed property. The bank called my son out of the blue and told them that they have unclaimed property.

And he's next to pen so he didn't have a will or anything, right, No, there was no probate. I mean basically, he's just next to Ken and that's all there is. Yeah, okay, so what's your question.

I don't know where to go from here.

Well, generally with a bank like that, you should be able to go up there with the death certificate in the smallest state affid David. So I want you to remember that second part, smallest state Affidavid. But wait, I just thought of something. Is it under eighty thousand?

Well, the bank said it's a substantial amount.

I don't know what that.

Yeah, I don't know what that means. But I think the smallest state AFFID David, it can only go up to eighty thousand. So if it's less than eighty thousand, you can fill that out. It's pretty straightforward.

I believe you can down it right on the State of Colorado's website.

You can get it right on the Colorado State website, but just google Colorado's small Estate AFFI David. And then basically you're going to have to have the certified copy of the death certificate and then proof he is the son, and then that should be it.

That's what a bank would generally need, those three things.

Yeah, we don't know how they got his number.

Two.

We have no idea how that if he was a beneficiary. You sure he wasn't listed on the account, it is a beneficiary.

I'm not sure of anything yet.

Well, hold on a second. So there's two things. If he set up his son is a beneficiary.

Was he married.

No?

Okay, So if for whatever reason he set up his son is a beneficiary. Like I have a checking account, I have a savings account, I have business accounts on those accounts when I open them up, Suzanne, my wife is a beneficiary. So if I was to drop right now, she would literally inherit those accounts. She'd have to show up to the bank and just show proof that she is the listed beneficiary in their system, and she would

I mean.

She wouldn't actually use that account, but she would have access to transfer everything.

I just thought his dad would have told him, because he spent the last month of his life with him.

How long ago did he pass away?

Eva?

Probably three months ago?

Well, then I am.

Guessing that he was listed as the beneficiary and that's how they got his number. It's just a guess. But half the death certificate, his birth certificate showing that his dad was his dad, and his ID right mark.

Yeah, but didn't end the small You're going to have to do a small state affidavit no matter what. That's really easy though, Literally you download the form, fill it out. You might have to have it notarized, but because it's a bank, you can probably haven't notarize literally right there while you're doing it. I do have a question though, when they called him, For the life of me, I don't understand why he didn't ask him what I mean, what did they say that when they called.

Him, They said that he had to.

Register for the gain planning property something like that.

Well, okay, okay, but he only died three months ago. Yeah, so there's two things here. You just threw it off. Considering he just died three months ago, it's got to be just in the bank's custody right now. But if it was years and years after he died, the state of Colorado might have it and they call it. I think the Great Payback Colorado.

And was it there? Yeah, okay, so it's the bank.

He needs to go down to the bank, have the smallest state affidavit, have a copy of the death certificate and should be that easy, and a.

Copy of his birth certificate if just in case he wasn't listening as.

The driver's whatever. Yeah, okay, thank you, you're welcome.

I mean that's hopefully it's a lot of money. I mean, like for real, and it's not a lot of work, to be honest.

Sorry.

Three zho three seven one three eight two five five Jr. Has a question for Matt in Paragon, right, Hey Jr.

You think he's ordering fast food? Jr?

Is it?

Mike?

I'm gonna put him on hold. I have no idea.

Kelly, You're gonna have to just keep checking. He's talking to somebody in the background. You guys, it is amazing.

Okay. I want to ask you this, Matt, who's the easiest insurance company to deal with? We had a guy yesterday call in and actually had this question. No bs, this was his question.

He didn't care how much the insurance was, but if he ever did have a claim, he wants to make sure there's no problem getting paid. So what what would you how would you have answered that? I had Brian burns on with Compass and we kind of answered it. Well, one of them was Acuity, exactly what you said. But I'll say Security or Chubb is even better. But Chub's

In the million plus range. But Acuity all day. Absolutely, But Chub's good too, right. Oh, they're both at the top of my list. Amika is really good.

Too, Amika, Amka. Okay, let's go the other way. Who's the worst to deal with in your opinion?

I'll tell you if you get me security, walk into my truck. Come on, who American family's the worst?

Are they?

Really?

Yeah?

USAA is bad.

USAA I heard used to be really good.

They were good then all of a sudden, I don't know, man, maybe it's all the hell, but they went to hell?

They did, you know, the ones kind of in the middle of the road, your state farm, nationwide, all state there it depends who you don't like a Safecoast, the one that gave me all the business the last time. Depends who you get as your adjuster on those. Now, some of the boutique ones you don't hear about a lot, like the Hartford.

Hartford they've been around for one hundred years.

Yep.

Another bad one that just came to my mind is Colorado Farm Bureau.

Never heard of them? Is that only for farmers?

No?

No, they'll ensure anything, but they're not great.

Why is it called farm bureau?

Then?

Well, I think they used to ensure rural properties and then they saw Marcus.

There.

Deal, it's kind of crazy. Let's say, JR. Go ahead, what's your question for Matt?

I had a couple of questions.

So, Matt, what power do you have to get them to comp up more money?

Okay?

And if they don't comp with the money that you feel is reasonable, what's the next step.

For the homeowner? Oh?

This is great, So hold on, Jr. That is the best question ever.

And Matt, I really want you to take that the three steps or four steps that you had to deal with with like my second claim, because you enacted something.

But JR.

I do have to put you on hold because I got to take this break. But I'm gonna have them go over that and then you can ask any follow up questions.

But that is a great question.

Hold on, Go with a sure thing Denver's Best roofer Excel Roofing dot com.

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

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

All right during seven three eight.

If you don't listen on YouTube, it's a good time mark listen. I'll tell you you're missing a lot. We were talking about a Broncos game that I was at, and that's about all I can say. I suggest you go back and listen to the YouTube during the brand Yeah, not while you're reading. So I'm not gonna say much more. But in my entire life, I have never witnessed and never felt what happened to me at a Broncos game.

Question. This is making it sound like I was the not the do gooder. I did nothing wrong here.

The question are you gonna join us again this year?

We had a great time, with the.

Exception of that there was a young woman there that I'll just say this. They literally, actually she wasn't young, she was old. They literally had to shut down the entire restroom that was on that level. They literally shut it down and E. M. T had to come in because she actually exploded.

And I'll leave it at that.

If you want to hear the story, go to YouTube type in Troubleshooter Network. It's a very true story. And Mark the reason we were talking about it, Mark Schamansky, we were together that day, along with Suzanne and his wife, Matt.

It was it was something that none of us have ever witnessed, and our entire section had the deal with Mark.

It's a good story.

Oh, it's a great story. Except for you guys. It was a lot better story than getting here. I got hit with the shrapnels.

Well, Susan and I are in further so, well Madelon and I were, but Malon can't handle the smell.

There it was, so I just can't talk about it like over the airwaves, and I won't. But now JR. Had a great question for Matt, so match with Paragon Services. He's a licensed public adjuster. So Matt Jr's question was great. So if you come out and you can't talk them in to the claim, or let's say they only want to give one hundred dollars instead of ten thousand, so let's go ahead and talk about it.

Go ahead, right, So the stepping stones here it goes, you know, homeowner, then contractor, then public adjuster. Then you get to a fork in the road appraisal or legal action. So if they refuse to negotiate with me, or they we don't get to a comfortable number, we can engage the appraisal process, which is what we did for your claim.

That's what we did, JR. Do you know what the appraisal process is?

No?

I know, but I thought the contract was with the homeowner and insurance company would Why would the insurance company even.

Talk to that?

Because you make empower of attorney. He represents you, just like hiring a lawyer. If someone says I was DUI or said I murdered somebody I hire an attorney, and the police no longer talk to me. They talked to my attorney.

Okay, so that's in the insurance contracts, right.

Well, not necessarily. I hold a state license that allows me to negotiate with them. They can't ignore me, they can't hang up on me. They have to negotiate, and they don't have to do that with contractors.

They can Is that correct?

Yeah, they can't, they can't.

But listen, the appraisal process is really cool. And I just went through it. So they only wanted to pay so once. Once it was zero, MAC got involved and the initial amount they gave to Matt, that young lady that was out was like eight grand.

Right, it was pretty small. It's like eight thousand bucks. And I said, well, never eight grand. And Matt goes nothing. He goes no, no, no, that's just the starting point. So what did you do after the eight grand?

So we invoked the appraisal clause, which the homeowner hires an appraiser yep, and the insurance company hires an appraiser. So now you've got too fresh.

And they're independent.

They're independent.

They can't work for the insurance company jr. So they have to hire somebody, and I hire somebody. I use the guy that Matt uses all the time. It's kind of like a mediation. You have your side, they have their side. Most of the time it works out favorably for the homeowner. Yeah, so we were at eight thousand jar. We came out in my guy and their guy basically walked a house, talked to me, wanted to see the damage, and basically when it all got done, it was about forty thousand dollars I got right.

Okay, Now the final step in all of those there's another step.

So let's say I'm still not happy and they didn't budge even after the appraisal. Now there's something that you can actually get trebled damages.

If you win.

Yeah, if you go to an attorney, and I've got a few that I work with regularly. We basically sent a demand letter to the insurance company through the legal office and demand that they pay while we're asking, or we file suit. A lot of those attorneys take it on contingencies, so you're not paying a retainer, you're not paying an hourly fee for an attorney.

That's right.

They just go try to knock it out of the park, and I would say ninety nine percent of the time the attorneys get it. But that's the last line of defense.

Yeah, that's it.

And then if you lose that case, that's it. You had no case.

Or if the attorney doesn't want to take it because they don't find it's a good case, well that's it.

You're done and over. But those are all the different steps up to the end.

The good part about if they fight you in court and you win, you can get trouble damages and attorney's fees. And I believe that's statutory, the attorney's fees if you win, it is, so, I mean that's a no brainer. If they don't want to give you thirty thousand, you end up getting ninety and the attorney ends up getting paid out of a different bucket. But that doesn't happen a lot.

A lot of them, so that you get then that's when you get your cut right at the end of the process.

Correct, I don't collect until you're paid. Yeah, you don't collect until he's paid. And then once again the other thing Jr. Don't forget if you have more than one thing that was damaged on your property. So let's say you got the roof, you need a painter and landscaping

Too, I mean a lot of times when Matt and I are working together, and again, I mean we've done hundreds of claims together and we've probably had three go to lawyers.

Yeah, it's very few and far between, and it's a waiting game. The lawyer thing takes a while. But those are nice mail box money.

I mean, you know that.

That's that's those guys going after every dime they can.

Oh yeah, once the attorneys are in, oh my goodness, not only are they facing the treble damages, the attorney's fees, but the attorneys are going to find other things.

To go after it right, and a lot of times you know.

Faith loss, yes, exactly what it is a lot of.

Times too, when Matt and I are working together on the claim, then we just take care of that too. So it's not even you don't even pay yourself, You just pay us for the work we're doing and we take care of Matt from there.

A lot of times my fee is absorbed in the job cost. So every claim is different, every situation is different, but we just try to make sure that the customer comes out ahead and we all makes money and everybody's happy.

Yeah, it's truly is a win win Jr. No matter what.

Generally, what happens is you get a lot more brand new stuff on your house. I mean, really, that's the ultimate call. You got the new windows, you got the new siding, you got the new roof, You upgrade your house. Why just get the roof when there's damage and other people don't know how to look at the windows? And honestly, speaking of that peace because it's such a big insurance claim that comes with hail and people don't even realize it because the glass is intact.

Once again, it's nothing to do with the glass. It's the seals. How do you actually look around and see that march?

I mean, it doesn't happen overnight. You do need to get some condensation there to actually see that that seal is busted. And again, usually mornings is the best time to look at It's also it just looks a little foggy yep. And it's not that it's a dirty window. It's that there's some condensation there, and you don't see drops of water. It's just a very light bit of moisture that you can barely see.

And when do you have the adjusters out in the afternoon? Generally right, the adjuster's not there at five am to see the condensation.

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

Twenty two.

Seven eighty two five five.

Hey, guys, what other advice on insurance claims? In fact, let's let's move off insurance.

A little bit.

Well, I still had one question, so go ahead, Mark, Okay, So, Matt, if somebody doesn't know they have damage, and a year later, two years later, also and they do a roof inspection.

And the guy comes to him and says, hey, you got hail damage.

Yeah, So what happens then, Well, the first thing I do is try to find a storm more recent than a year ago. And around here that's pretty easy to do.

That is easy.

Certain policies, you know, at certain insurance companies adhere to the one year rule, which is basically, a storm hits, you gotta file acclaim within a year. That's most companies, right, So if I can't find a storm within that year, you're pretty much sitting tight waiting for another one.

Yeah.

We've had we've had ones marked in Matt's work done, and I'll give you an idea. One it was in I think it was Castle Rock, it might have been Monument, but here was the bottom line. They found out exactly like you said, that damage happened but they didn't know it at the time.

I have no idea how they figured out it was there. They might have seen their neighbor getting a new roof or whatever. It happened to me. So Matt went out there and no, they called up the insurance company. I remember this now.

They called up and the insurance company said, that's old damage. That wasn't from whatever storm. And then that's when they called the show, and I had them call Matt. Matt went into whatever program he has and found out exactly when in that year's period of when there was a actual storm there, because the insurance company was trying to say it was, oh, that's from three years ago or whatever. Matt found a storm and prove to the insurance company it happened in that time, right.

And then you reverse everything and they go oops, sorry.

Yeah, but that was what they tried to use for an out. It was all damage.

Yeah.

So I goes, you know, going out to listeners there. If you think you had damage in the last three or four years, even nothing, should still call and have us take a look at it.

Well, definitely within the last year. Oh, I see what you're saying now, Yeah, actually that is kind of a loophole. And you know what, I don't mind sharing that with listeners. Let's say you did have damage three years ago and didn't have damage this year, but there was a hailstorm. You could pin that hailstorm on the damage.

I do it all the time.

Yeah, and see, I don't mind saying that. People are like, oh, you guys are ripping off the insurance company. No, we're not. Well, how do we're playing the game by their rules?

How does anyone really how do you know how old a hit is? Well, on an asphalt roof, you never would, right, you can see stuff that's like five ten years old with the little fibers.

Show mark that's a great that's a great way to look at it, because who were they to say that was three years ago when there was a damn storm six months ago?

Were you there?

Can you prove that? And I mean that's what I say to them. You know you weren't at the house.

I think you're going to one of my customers soon for that, Yeah, yeah, exactly kind.

Of for what kind of stuff, Marker, you've been doing with Genesis lately this time of year. I know Deck's gotta be good.

Yeah, Decking's good. You know a lot of painting.

And I don't mean insurance claims. I mean people don't.

Understand just just in general things that people are looking for. You know, painting is bigger than normal for us.

Right now, you're painton Kelly's house right now.

Yep, we got people at Kelly's house who answers the phone here right now.

I always brag on Omar. Omar is one of his painters. This crew has been with you twenty.

Years, twenty four twenty four years.

He did our exterior four or five years ago. He just finished our interior. He's remarkable, the attention, the detail, and then the cost comes in, you know, right around everybody else. But you have one of the best painters out.

There, right and so I mean, you know, is well versed in doing it and everything like that.

And so fixing drywall patches. You know, when you think of painting, it's not like just grabbing a roller and painting house. When I see these guys prep you had. Omar had probably five or ten people out there the first day. The whole thing's prep. Anybody can grab a roller. But if you want those lines perfect, if you want all those pinholes in the wall, done.

If you need new.

Texture because there was a big spot. All that stuff is where that attention, the detail comes from.

Well, yeah, painting's easy. Prep is not.

The prep is a prep.

Prep is what makes a great prep paint job. Yeah for sure. So you got decks Yeah yeah, And you know we're not just in the metro area too. I mean we have crews right now working in winter Park. I mean winter Park is exploding.

Is it really?

Yeah?

And so oh you have a place up there too.

I do have a place up there. But we're doing a lot of work in winter Park.

How about like Colorado Springs busy?

Collin Springs is right now is not as busy as normally as for us, you know, it's it's a little bit slower than normal.

You go to Fort Collins, Yeah, we go.

To Fort Collins, Yes we do. So we go you know through the whole front range.

Yeah, well including the front range itself.

Yeah for sure.

And so Evergreen a big one.

Evergreen's where I lives. So yeah, so that is a it's a great, great area.

Something I didn't know you did. I've got a great company on our referral list, been there forever. Coming out. I would have got a bid from you on it as well, but I didn't even know you did it to Cement concrete pavers. I got pro form coming out next Monday season.

They're starting Monday.

Yeah, they're coming out and doing half my driveway.

Wow.

I mean you've been to my house numerous times, so you know the size of the RV I got. It is such a pain in the ass to back it in that garage because the way the driveway. So they're going to extend my driveway in with and a little bit of length and basically I'm going to be able to pull almost straight down.

So I'm looking forward to that. But going back to you, I had no idea we.

Do concrete, yes, yeah, and you do a lot of it.

We do.

I mean, concrete is a great business beyond just patios, oh beyond pio. So we do a lot of driveways, you know, and again pavers pavers.

Are streachiest part we get. So many complain it's over the years on concrete in general. In other words, people have got to understand it's concrete. It's never going to be perfect. You might have a hairline crack.

In fact, a lot of people call what Spaulding I.

Mean scraulding is when they overwork the concrete. They're sitting there and they keep working and working and trying to get it perfect, and sometimes I'd be better off. Okay, we're really close and we should just leave it alone.

What does that mean though? When they I understand that they're trying to get it perfect, but why.

Rocks are rising up to the top and so the concrete is not very thick in the very top player so it's popping off because you got rocks up there, or they just have too much rock in their mix.

Or just and that's kind of a cheap way to do it right. So what I learned over the years is when the truck shows up, you can get a copy.

What do they call you get a certificate? Yep, you get a certificate. What's inside that truck?

Yeah, exactly what's in there? So if anybody ever, you know, if you look at your like when you give someone a bit on concrete, do you spell out like the mix?

We we spell out and we said what your psis could be on the concretes.

And then if they take the load sheet when it actually shows up.

And they like, okay, I know this is what I'm getting and you know that.

And how many people actually make concrete not not poor it. There's a lot of.

People, you know.

I mean we only use one one supplier.

Oh okay, fine, but yeah, we use.

One supplier because my guys we guaranteed. The concrete is guaranteed too, Okay, So I don't just have a guarantee from my installer, but I also have a guarantee from my supplier of the concrete for the.

Actual This guy, Mike's got a props to you. Hey, Mike, what's your props to either Matt or Mark?

No, it's it's the Matt.

He's working on insurance claim with me, and I wanted to give him a big auta boy.

Hey Mike, what's your insurance company?

Huh?

What's your insurance company?

Old State?

And what happened? Did you call Matt from the beginning? Was it a hailstorm to tell us?

Yeah?

Yeah, I kind of from the beginning, I thought we had hail damage on the sightings and insurance company said no, and Matt, when looked at him, sent the pictures and stuff. And there's still stone.

Ball on this.

But where is your house at?

Oh in Aurora?

It's two houses to to my rental.

House, Matt, do you know what we're talking about here?

I do, And they were fighting me so bad. I'm giving it to my attorney.

So this is one thing.

This is one.

Yeah, this is one that's going all the way.

And then how is like when you go out what was it siding?

Yeah?

It was three houses. I looked at his primary home and two rentals, and one of them I think one of them was definitely siding, and the other one I think was the roof. I'd have to look at her denying everything. Well, they're on the siding. They're saying it's wear and tear, it's old siding. But my argument is there's hail on it too, so that should trump everything. Yeah, and I'm just getting pushed back, you know, And I'm saying,

Yeah.

Yeah, that's nice, Mike.

Go ahead, Yeah, and that's great.

I really really appreciate. I don't know what I've done when, Oh, thanks for Cary.

You probably would have just taken it by the shorts, man, I mean, like, for real, yeah.

I wouldn't have known what to have done, what to do?

I'm sorry?

Yeah, all right, Hey, we appreciate that, Mike three o three seven one three eight two five five. We've got time for one more call three oh three Martino.

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

Two five five one Clear Choice Stores.

You know what I love about one Clear Choice Stores. They have got showrooms up and down the front range. You need a new garage door opener or of course a new garage. Maybe add hail damage on your garage and it's time to go pick out a beautiful new one one Clear Choice Stores dot com. Great company. Just absolutely love them. And someone was asking me about my weight loss. Uh yeah, check it out, guys. I'll tell you, guys,

Do you think there's anything to your stomach shrinking and it's smaller, so you're.

Slows down your intestines, it slows down your digestive system. Here's what's cool about it, Matt. It's almost like testosterone therapy. It's exactly what your body makes when you eat something. Your body releases a chemical that goes to your brain and says I'm full.

They use that.

It's the exact thing, or like ninety nine percent, and I'm not a doctor. I'm going off a memory when he's in. But it's like ninety five or ninety nine percent the exact same thing your body produces when you eat. You're just taking it and it slowly releases.

Into your system. You do a shot each week. Shot doesn't hurt at all. It's like nothing.

So it's such a skinny needle you don't even feel it, and it's not intervenous. You just put it in some fat basically, so it lasts for a week and it just tells your body you're full. And not only does that make you feel full like your stomach, but it also tells your brain literally you're full. And that's how it works.

And so the energy levels.

Energy level, Yeah, you got to watch that.

I do a protein I don't even know what it's called, like a protein shake, just to get some protein in there.

And you got to kind of make yourself eat. You got to actually go.

Like, oh, I forgot to eat today. It's crazy as that sounds, but it works. I mean less than six months forty pounds.

So this is different than when you used to eat once a day it well, which he still does, which I still do.

But here's the funny part of mark. I would think of food.

Though.

On a Friday, when we got pizza here and I was only eating once a day, at four o'clock, it's called intermittent fasting. I couldn't stop thinking about that damn pizza in the other room, or the chips that would be out in the newsroom, or the cake because it's someone's birthday at work. I mean, in this building, you're surrounded by food. Voodoo Donuts will send donuts here all the time. There is always food for people that work

We'll see you here tomorrow, HM,