The Troubleshooter 7-29-24

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The Troubleshooter Show.

No Tom Martino, Hi Tom Martino here, Welcome to the show. You know I often start the show by saying, the only show of us kind to anywhere in the universe, which is true. No one focuses on solving problems directly and giving advice and tips in everyday life, and not trying to change your politics or religion. Oh we talk about that stuff, and nothing to try to change you or to make you a to make you a zealot of one kind or another.

We love doing what we do.

But I gotta say something else, and what I thought about it. I think it's the only only show or the the I think we've given more help to to people than any other show or any other form of media. And that's why I love that saying we have media with a purpose. I've been adding up just a few of these casual cases that we've had just since the beginning of this year, and we're into the millions already, and cash, merchandise exchanges, refunds, and services.

Now I'm going to take Joseph.

He's a possible victim of a fraud of some kind.

And that's right in line with what I want to talk about today.

First, let's take a tally here like a teacher Shannon present, right, yeah, at Shina present.

Here major mark major not not own.

How the access is available today?

Oh, come on, no, it's a thing we gotta we gotta do something about that.

He can call in anyway. So Deputy Doc you in the studio.

Probably I'm ready to go, okay.

And then we have some deputies remote and other depths in parts unknown because it's a good vacation time. I want to remind everyone you can text me, and you can text me at my private Google number. And this is private twenty four to seven. It's my number, so it goes right to me seven four seven nine nine nine fifty two eighty. Okay, So you can call there and text there. If you call, you got to leave a message most of the time because I'm not going to pick up. But I use it mainly for texting,

Joseph, what's going on?

Well?

How you doing?

Thank you doing good? Joseph? What's going on? Man?

Well?

I want to say first, I like your positive attitude because what I have for you is a very dark story. Oh man, I can't see it as dark because that'll get me down. Now tell me what's going on man, the humor and the absurdity in it.

Yeah, I've been dealing with uh.

With some individuals who have an unusual relationship with the Boulder County Sheriff's Office. I can't tell you how that came about. I don't know anything. When you say dealing accusations.

When you say dealing, you got to fill in all the blanks. They'll talk what do you mean deal? Talking about it?

Yeah, prompts me as I go make sure because I'm not good at this.

So what are we talking about? A business deal? You are in a consumer deal? What?

No, these were friends of mine for about fifteen years before.

What about them?

Well, I faced some difficult circumstances. I was very sick from when I was a little kid, and just in the past couple of years the illness was identified and effectively cured.

What was it back then?

It's it was a form of depression. Everybody thought it was an illness of the brain, but it turned out to be a hormonal problem. They just missed it.

Yes, right, So listen, mental illness, depression, bipolarity, all of these things are tied to our bodies and our minds together, and they're all one you very much. So anyway, I don't know why people separate them. But anyway, Joseph, so you were dealing with friends. Keep your story going. Let's hear what you got to say.

Go ahead, Well, I lost both parents within five years.

Okay, and that's the depressed thing.

Tough.

Yeah, And with the and when was this? How long ago would you lose him? How long?

I lost my mother in twenty thirteen and my father under horrible circumstances in twenty fifteen. He was told by his own surgeons because I'm failed to read a lab report.

So you got a lot going on in your life. I hear it in your voice. I hear that you're still a little down. So what's going on? What can we do for you today?

Well, why I need is a little direction because these friends I stayed with.

Y Shannon got it.

Listen, we got to wait for our delay here and we got to come back to him. Can somebody school and please, we got to be very careful. Can somebody tell him that, please look at I don't know where we're going with the story. I'll take the story. I'll talk about it, but I'm going to predict what this is. He's very depressed, he's very down. Life's dealtham and now he's collecting these injustices and trying to make a pattern or a theme. And if they connect together, it justifies

I mean extreme love, extreme hate.

We have depression, we have joy, we have hypochondriac, we have I'm healthy. We have every feeling of every emotion is in that corral, and we're all people, so we're all capable of experiencing them. We all have fleeting thoughts, even of homicide. I'm not saying we plot a homicide. You know, you know what I'm saying. And so what I'm saying is this, in that corral, we decide what we're going to rope and what we're going to latch onto. Some people latch onto just all those negative things in

There's no new feeling under the sun. Nothing new.

Now the wackos will take the extreme violent feelings and believe that they need to act on them. Sensible people think, what if I ever did that? Oh no, never. We all have these thoughts. We're not We're not crazy or we're not super sayane. We just have these thoughts. It's what we corral, it's what we lasso.

Do you think it's all voluntary? Tom, Well, what do you mean?

Well?

Hold on now, I was gonna oki that. Okay.

So if I'm a cowboy sitting on the corral looking out into my corral deciding what I'm going to last, so what I'm going to rope into my into my life, I think it's an influenced by all kinds of stuff. If I got a frickin thorn on the fence that I just sat on, and it's in my ass and I'm hurting and I'm in extreme physical pain all the time. I don't look necessarily at all the good stuff in that corral.

I think, God, this is terrible.

I'm feeling terrible, and you latch onto some of the terrible things. Or maybe my hormones are off. That's something I think. Sometimes people are just born with the genes of crazy people. I don't, you know, look at well, there's nothing new. Who knows. I don't know the answer, but I do know this. I do know that some of its choice, but not all of its choice. And that goes down to every single feeling in the world. Some of its choice, not all of it is you know, alcoholism?

Is it a choice?

I think part of it is, but part of it is a sensitivity maybe to alcohol, and where they get a yearning where other people don't.

You know.

Look at some people can do painkillers after surgery and or go back to them and never miss them and never care about them. Others feel it and go whoa, And then what the medication does? What painkillers and antidepressants and alcohol and all of that stuff does is when you're sitting up on your corral, looking out into that corral of numerous feelings and emotions, it kind of helps you. It filters out some of the bad, so you think, and so it helped you to tackle the.

Things in the corral.

Now, in my opinion that the best way to go through that corral is to embrace whatever you're feeling. Not super violent all that, but recognize, hey, this guy lost his parents, maybe his friends and all this, so you're depressed. It's okay. Where we make the mistake is thinking that we can't be depressed. Of course we can. We don't want to be depressed every day twenty four to seven for fifty years.

But it's okay to feel bad.

I think we're the what happens to most people when they start feeling bad, they're told they shouldn't feel bad, so then they start fighting feeling bad, and then they even take drugs not to feel bad, when if they just felt bad in the beginning for one or two or three weeks because they had some bad circumstances, they would have gotten over it. We're fighting, not feeling bad, not feeling bad. Sometimes you feel bad, then you get over it. I mean, I don't want to preach too much,

Breeches and walk around the rest of our lives with them.

We got more coming up. Listen, the show's crazy, right. I don't make any excuse that I've been doing it for so long and we managed to make it, don't we. So the point is this, Okay, it's okay to go through that corral and feel both feel up, feel down, feel in between, feel hate, feel love. I mean, there's no one feeling that should take over ever. Waterpros dot Net will get you wonderful water at your kitchen, saying, I mean, I love this stuff, and you know what it's It's amazing.

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Help.

You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Hi Tom Martino, you're troubleshooter. A lot of discussion online here, well not a lot, but on my YouTube channel here we get people who discuss back and forth things on and off the show and life

Maybe if they explained it, we'd know better. Joseph.

Okay, Joseph suffered from years of depression, and he's starting to tell us about some problems he's having. But we haven't gotten to that. So Joseph, let's try to keen on your problem. And by the way, don't say bad words. I had to nix you before.

Now you said, this is my first time on the air.

Tom, It's okay, Joseph. Joseph, Pretend you're talking to a priest. Pretend you're talking to a priest.

Father, Tom, I have a priest.

I love.

Okay, So listen, Joseph.

On the friends thing they were getting the Sheriff's department was getting reports. They were beating the crap out of you. Let me ask you something. Who was making these reports?

Well, by that time, these are people I knew for fifteen years these boys, they were brothers.

But why were who made reports? Just answer me.

I got to keep you here, man, who who? Otherwise we're going to have what we had the other day of.

Okay, by a county agency.

Let me ask you this why okay, hold on, Joseph. In all of my years, I have never had a county agency check on me. So why would a county agency get report that you were having the crap beat out of you? Do they come and visit you on a regular basis? Are you under some kind of program?

No, not at all. It was it that sort of arrangement.

Then how did the Sheriff's department get a report that these guys were beating the crap out of you?

I discussed it with one of the social workers at the agency, I told her.

But hold on, Joseph, stop nope, nope, nope. When you stop making sense, then I have to go back. When you said you discussed it with somebody at the agency. Why did you call a social services agency?

No?

They called me.

Now okay, see, now do you see where this is not making say? As I said, in all of my years, I've never been called listen, you don't get to set the agenda. I tried that and it doesn't work. Do you want to shut up? Do you want to shut up and get some help? I'm serious, Okay, I'm taking control.

Of the conversation. And here's what I'm going to ask.

Number one, Why did a social service agency call you in the first place? That's our first question and answer what? What is the answer to that?

Because after I lost my parents, yes, I approached them. I had a qualifying diagnosis of an unknown type of depression. I was eligible for services by college statute. That might it might be better for me to receive those until things stabilized than.

My Okay, So did they periodically call you to check on you?

Not?

For a while? They were, They were supposed to, but they.

Were rather okay.

So, so upon this one call they made, you told them or you discussed something about being maybe physically beaten or abused.

I'll tell you exactly what I told them, sir, Good, go ahead, I said, I said, these these guys are my friends. They're behaving in a way that I've never seen them behave before, and I cannot strike my friends. These are people who have treated me well for years. I know them really well. I know something's wrong here.

So now did you but did you say that they were hitting you? I did?

Okay, God, keep going, because I wanted to.

I wanted to diffuse it. I wanted to nod, and I wanted to diffuse it myself if I could. We're all young.

Men, and Joseph, were they like fooling around or were they really hurting you?

Well, as it escalated, it became quite dangerous. They were really hurting me.

And what did Social services do about it?

Social Services? What happened was interesting. Social Services contacted the Sheriff's department, ask the deputy and a couple of paramedics to come out and look me over.

Okay, good, and then what.

Well, as soon as the I have the records from the communications center at.

The sheriff yeah, okay.

Within a few.

Minutes of the time that they received that report from the county, they received a parallel report under the same legal kind of concept from a physician attending to their mother, and it was basically a counter to the report about their sons. It alleged that I was abusive to her.

Okay.

So, in other words, when you made this report to Social Services and they called Boulder County these guys through a doctor made an opposite report.

Yeah, with the they were received by the communications center minutes apart.

Now I get it, does okay, So then what happened whatever that may mean, Then what happened that means?

Then what happened?

Well, a deputy comes out with the medics. They come visit me. I'm in my room at the time because I have a little COVID. It's nothing serious. I'm just resting there, and the deputy comes to me. He doesn't ask me any questions about my safety, and the medics don't examine me. They sort of just stand there. But he tells me, he lectures me for a while and says, I'm a pretty good bad guy for abusing this woman.

Now what women are they talking about? What woman are they talking about? Your friend's mom?

Yeah, and she was a dear lady to me.

Now, now how did you But but hold on, do you visit her? Is that what they're saying, you visit her?

No?

I was staying in the family home.

Okay.

See that would have been the one to lead with. Okay, So yoh, Joseph. So the story starts out, you're living with these people, and then you told solcier services were mistreating you. And then the brother said, no, you're the one mistreating mom.

I got it. What happened?

Then, well what happened?

Okay, So the deputy comes he he he tells me, I'm mistreating the old lady. God rest her soul. She's passed away. And I was a little bit socked.

Because when did she pass away? When did she pass away?

In twenty twenty two she suffered a heart or you know, in twenty twenty she suffered a heart attack.

Okay, you didn get the right attention.

So this was way back obviously, before she died, she reported to her doctor. Her doctor reported to the sheriff's apartment. So they wanted to counterclaim. They said, you're hurting the mom. The sheriff's deputies come out. Let's keep moving forward. What happened?

Then nephuty comes out and he tells me, you know, whatever you're doing, knock it off. He didn't take me into custody, he didn't charge me. I wasn't taket it or anything. But I was surprised because my conversation with the mother has.

Been Did they ever investigate the brothers hurting you?

Absolutely not?

Okay, okay, so let's keep let's keep moving forward.

Let's keep moving forward. What happened then?

So, okay, so we're at the deputy, right, Yeah.

What happened? They investigated you.

What happened?

They talked to me briefly and left. They but they asked me no questions about my own safety. It was as if the refriend.

I get it, as if they just didn't They didn't consider your complaint.

They were just talking about the old lady. Then what happened?

We move into a new phase where I begin hearing from the brothers. The brothers are affected by me.

Meanwhile, were you still living there? Were you still living there? I was, okay, So in all of this, you were still living with the woman you were accused of beating and with the two brothers who were hoarded you.

Yes, Then what happened? I was making my way. I was making my way out as I got better, Okay, because I was, I get it. Keep going, keep going, keep going, some success. What happened?

Keep going?

Gan to hear. What I began to hear from the brothers was you should have contacted those people. You brought the Sheriff's department here.

Right, They were upset. I get it. They were upset, sure, sure they were.

Well, where is all this going, Joseph? Where was all this going? What are you calling about today, Joseph, Joseph.

What I would? What I was told was that if I called the Sheriff's department again, no matter how serious the beatings were, the Sheriff's department offered to simply arrest me instead.

I get it, Joseph. They're they're kind of thinking that maybe you're false reporting or something.

Here's what I want to know, Joseph.

But Joseph, Joseph, time for me, now, time for me, Time for you to be quiet, Joseph. Otherwise we hang up and you go away. Okay, See that's easy for me. I just you hang up, you go away. I really want to help, but I can only help if I get direction. I'm not gonna let you ramble. That's not gonna happen anymore. So here's what I want to know. Have you moved out of there?

Use I got it from others.

You're a psychopath. Stop behaving the.

Time I'm Joseph. If you're not gonna talk, do you want to you want to hang up? Hang up?

If you want to go ahead if you want help, stay on. Did he hang up?

Okay? Good, good, That's the best sound I heard all day.

All right, JOSEPHS. Sorry that happened. It was a lot of waste of time.

People.

We gotta converse, You gotta make a story. Did he move out? Where did he go? What's happening now? Never got to that, did he? And I know my YouTube mora ons yoused to tell me don't interrupt people, And I'm sick and tired of that because when I let people talk, we're here for four hours and we still don't hear the story. So that's why I'm conducting the show. You're welcome to tune up. I want to help people, but we got to get to the fricking problem.

We got more coming up.

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Welcome to the show.

We are here to help you solve your problems, answer your questions, and take your complaints. And Mark has a tenant landlord question about the new laws.

And man, there are a lot of new laws. What's happening.

Yeah, thanks for taking my call time, Yes, what's going on?

Man?

Question I have? So I'm a landlord.

I have a couple of properties to properties, and I have a tenant that is continually just a month late on paying the rent and their least comes up September thirtieth, and I mean I'm trying to just figure out if I do like the demand for compliance, which is to get caught up, and then I try.

To go Now, when you say caught up, did they ever miss a month or they just late?

They're about thirty days late.

I mean they'll give me like three hundred this week, and then they'll give me like or beginning of July, and then they'll give me one hundred a week later.

So in other words, they they they finished paying for July at the end of the.

Month, or in August they will, and then.

What do they do about August?

They kind of get that to me hopefully along the way in August or September is kind of how it works.

Well, you can that that's a reason to end the lease, okay, okay, I mean.

It's non compliance with the terms of the lease, which is payment due by a certain day.

Do they pay late fees?

I no, No, it's in the it's in the contract.

For them to pay the late fees.

But I'm just trying to get my mains.

Well wait a minute, have you been have you been charging them late fees?

I have not.

Well, then, UK, do you have an accrual of late feest? Can you keep track of all of them? Because they have to pay those. That would be another reason to let them go if they don't pay them.

Yeah, it's probably about five or six hundred dollars this year so far. So and laate fees yeah yeah, okay.

Is now are you you're asking should you give them a chance secure?

Yes?

And I've done that and I did put that demand for compliance good.

I had to stop by.

Twice they weren't there.

I put it on their door, and so they have ten days of cure. I'm just wondering, is the rest.

Of this process is it?

Is?

It?

Is it?

Do I should I hire somebody.

To do this?

Or Okay, that's a good question.

In other words, In other words, can you simply say you're not renewing the lease for cause and give them the proper notice? When is the lease up?

September thirtieth?

Okay, just so you know, just soon, you know, you don't have to wait till the end of the lease.

You can evict them as well.

So let's get Brad O'Brien on and see what what he thinks in general. Okay, three oh three seven one three talk three oh three seven one three eight two five. I hang on, We're gonna get Brad O'Brien on and see what he has to say about it. By the way, it's been scorching heat and then you're going to have your furnace being used.

In a couple months eight eight eight.

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Help.

You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Hi Tom Martino, your trouble shooter three oh three seven one three talks seven one three eight two five five Denver Regen dot com for stem cell therapy. And I had that therapy done, by the way, and I was in so much frickin pain, I almost didn't do the surgery.

You might want to know why I did.

It eventually, Anyway, I did it on purpose because of the the deteriorating bone was going to flare up sometime in the future. But the point I'm making is real stem cell therapy works where they extract the stem cells and reinject them.

Regen. It's Denver Regen.

Dot com and welcome to the show. Mark, you did finally get in right on an access here, so you're.

In and uh, I'm here baby. Okay.

So we have Brad O'Brien on who is our real estate expert olslaw dot com. He's a a real estate attorney. And there's a good question, Brad. I don't know if we've ever had this question directly, but Mark is a landlord, and Mark has a tenant who, through the year of the lease, has been chronically late. So, for example, on July's rent, he'll pay some of it late, some of.

It on the fifteenth, some of it on the twenty fifth.

By the end of the month he may have it all paid, or it goes into August. Then he starts paying on August, but he's chronically late and doesn't pay any of the late fees called for in the lease either.

Now he wants to know does he have to let the.

Guy know I'm not renewing your lease and why or how does that work under the just cause laws that were just passed.

Yes, he'd have to give a ninety day notice that he's not going to renew the lease that passes termination.

And one of.

The stated reasons allowing you to do that is that they've been late on the rent at least three times, each time by more than ten days or ten day's a minimum, but each time the lander has to give that written ten day notice, and attendant didn't cure it.

So there's a lot to do.

Okay, so ninety days, I think you're all you're already late?

Then?

Is that true?

Sir? No? No?

Oh sorry, go ahead, go ahead, no mark? Are you?

Yeah?

It sounds like I'm already late because the least comes up it expires in September thirty thirtieth, so I pra have to go to October thirtieth or thirty first. And then from what it sounds like what Brad was saying is every month that they're late, I need to start the eviction process and have that done at least you said three times, right, the ten day notice?

Wait a minute, so he has to give out three ten day notices before he can he can call them chronically late.

Yes, in order to not in order to have grounds to not renew at the end of term.

And you have what if he hasn't done it. He has to now start from now, that's.

Right, see the purse. You're being a victim that for non payment of rent?

Yes, so that's okay. So let's not talk about the lease right now. But let's just say right now, are they paid up for July?

No?

Are they paid up for June? Are they paid up for June?

Okay? So you can evict.

Them based on not paying July and in a few days for not paying August, you might. Do you feel that they're going to have July paid by what is it tomorrow or the next day?

No?

Okay?

So will they have August ready?

No?

So then you can file for an eviction for two months of non payment?

Okay?

Do I have to wait until August tenth?

I guess?

Or ten days after the beginning August two?

Now?

Why did you pick ten days? Did you hear that somewhere?

It just kind of my head is as far as like I.

Thought, I Well, Brad, let's say, Brad, August, let's say August second.

And third or third?

Does the least call for a payment of August first? Yes, So let's say August second or third, Neither July has been completed nor August has been done. Brad, can he file for eviction right then? Or the ten day notice or whatever?

Yeah, when when the rent is one day late, then you can give the ten day notice and then if they don't pay within that ten days, that's when you can file.

A core complaint for eviction.

Okay?

And can they picked?

Can can they come back to you?

Hold on?

Hold on, sir, we have to Brad O'Brien seven to zero three seven zero seventy three eighty eight more.

Coming right up.

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

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

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

Yea ripped.

News need so you don't have.

Come runs as fast as can Shooter's gonna help come.

Six is the Troubleshooter Show. No Tom Martinez, Hi.

Tom Martino here, Welcome to the show. Three all three seven one three talks seven one three eight five five Here to help you with what we can and we

That kind of stuff. Right, Never once in all of the years of listening.

To candidates, Oh, they mentioned taxes too, right, But do they ever mention consumer fraud?

I have never once.

You hear crime, you know, and defunding police or not defunding police, but you never, ever, ever, ever ever hear a candidate address consumer fraud.

Well that's because they put under the crime ban or Tom.

Not really not really when they talk about crime, they mostly talk about violent crime.

And they talk about that, but really.

Consumer fraud has always taken a Vactually, no one has ever.

Talked about it yet.

I'll bet you more money is lost through consumer fraud than almost any other segment of life.

It's fraud, especially cyber fraud.

Now the closest we came to addressing consumer legislation. The last president to do that would have been Obama. With credit cards, you know, late fees and stuff. He did a little to curb some of that, and payday loans. I think governments did something, I think on state levels on the abusive nature of payday loans. And of course a lot of people would say they're not abusive, and but what I'm saying is just the topic. But can you imagine, I don't it touches everyone, But they never

Do you know that. Listen to this.

There's this one couple who had two million, three hundred and ninety three dollars taken from their account with electronic transfers from an employee of a bank or an insider who falsified records and took the money. In the Western it was the US Attorney's Office that prosecuted this in the Western District of Missouri. Now, my hat's off to them that they found this thirty six year old woman and she pleaded guilty.

To bank fraud.

But guess what, no restitution from anyone, not from the bank, at least not automatically.

Now that might have to be a civil case. Who knows.

She drained accounts, so no, that wasn't one couple. I'm sorry, these were various accounts they took. She took two thousand and three ninety three to eighty eight, and she transferred the funds to herself and her family. Now, fraud like this is not unheard of. I mean, we get credit card fraud all the time, fishing fraud, delivery fraud, I mean, god, there's just so many. It's like people stay up at night thinking about fraud. And we don't really have a

Oh hi Tom Latino, thanks for taking the call.

Yes, Bill, what's going on?

Well?

My, uh, my father in law home was owned in trust which was left to his children and grandchildren. He made a prenup with his then wife which said that he could live in the house. She could live in the house rent free for as long as she wanted. The prenup also stated there would be a set aside an amount of money that would be set aside for expenses related.

Now, when did the father When did the father in law die?

About three years ago?

Okay, and keep going, Okay.

So there's a Now the big question here is is there's about a third of that left. And we want to know is when.

The third of what a third of what left.

Of the money left it set aside to maintain the home, you know?

And what does the prenups say? He's she could live there for her?

Did it? Was it a life estate? She could live there her whole life?

Well, that's just it. It's open ended. It says that when she leaves the residents or dies, the remainder of such fun shall be distributed to the.

Okay, Well, but what does it say about her living in the home as long as she wants, okay, Well, then that that's as long as she wants then okay. And then during that time there was money set aside for maintenance, right, correct? And when that money is used up, does it address what.

Happens that's the problem.

It doesn't, Well, then it's not a problem because then she has to cover it, okay.

And I don't see why. I mean, did she make noises about it.

No.

As a matter of fact, we're not sure what she thinks is going to happen when that runs out, and we just want to make sure we have all our ducks in a row or options that we have Okay.

Now I'm not giving legal advice.

I mean I would just assume if it's not addressed and there's a maintenance issue, who is the owner of the home the trust okay, and she is simply living there, what happens when she leaves?

We would sell the house and distribute the proceeds.

Is that what the trust says, is that what the trust document tells.

You to do.

It does yes, says the remainder of such funds shall be distributed if there's anything left over, and this is from a prenup. The trust says we sell the property.

And how old is she?

About eighty one?

Okay, so what is your concern? What happens when the maintenance money runs out?

Yes, does the trust have to continue?

You know what, I don't know the answer.

I said she would be responsible, I mean my gut, but I'm not sure she would be. I mean she's like a tenant. Really, she's living rent free. But you, guys, or the trust owns the home, you know, let's ask let's ask our one of our state planning attorneys what he Let's try to get Dan mackenzie on.

And let's just figure it out. Bill.

We'll try to get an attorney on to address this again. Somebody might say, well, the trust owns the house and she's simply living there, she should not need to be responsible. This was the money set aside in her name or was it set aside within the trust?

It was set aside in trust.

So it's part of the trust that owns the house and she is not a part of any of the trust. Well, then that would tell me that if the trust runs out of money to maintain the house, they're going to have to continue to maintain it.

Another way, that's what it would tell me.

Yeah, yeah, see if listen, if she was given money to maintain the home, given money to maintain the home, in my mind, it means that they thought she should.

Maintain the home, and he was going to give her a head start.

But if the trust owns the home, and the trust has money put aside for maintenance, and that money's almost gone, then I think the trust would do one of two things. They either say we're not going to make the repairs or maintenance, or we're going to pay for it. I mean, I don't see why she would have to because it was set aside for the trust, not for her. You're saying it was set aside for her, but it really wasn't. It was set aside for the trust.

It would you set aside to maintain the house, right.

Okay, But that doesn't mean that the house doesn't get main The trust has an obligation to maintain its asset, Yes it does, no matter who's living there. I mean, what would you guys want? How many people are going to inherit? The proceeds from this house's eleven okay? With those eleven people, and who's the trustee, who's the.

One in charge?

My wife.

Would your wife want that house to deteriorate and not be maintained? No? Okay, I think you're kind of answering your own question. I mean, if the money runs out, what do you do. Well, you're the owner of the house, your maintenance ran out, what do you do?

You you re up it? I mean, you still maintain the house. Why wouldn't you?

To me, it's more logical than legal. But I'm surprised the trust did not address it. But in the absence of a trust document addressing an item, it's up to the trustee to make their best judgment for that.

Okay, yeah, I mean what we had.

What were you thinking?

The options would be that you could start charging her for it?

That would she then become a tenant and then we can say, well, you have to pay for your utilities.

You have to pay Well, it doesn't wait wait wait, so the trust was paying for the utilities.

Too, Yeah, utilities and repairs.

Well, utilities are not okay, So those what.

Did the person that died? What do you think they actually wanted? Do you think they wanted that person to be able to live there till they died or as long as they want and pay for that stuff. What do you think the intention was just out of curiosity.

His intention was for us to or to trust to like a stipend of one hundred thousand dollars for maintenance utilities, SAHOA fees and taxes, you know that kind of thing. The what he would have wanted was that's hard to say, that's right.

It is hard to say bill. Therefore the trustee has to make up that. But you can't start charging your rent if it says she can live there as long as she wants rent free.

Does it say rent free not?

It doesn't. It just does say rent free, specifies rent free.

Then yeah, if you guys want to get rid of it, here's what I do.

Honestly, I would talk to her and see if she take a cash offer it to get out and move. I mean maybe that would entice her. Then you guys, can I think it would.

Be cheaper to keep her.

I think it would and that rhymes no, Seriously, it would be cheaper because and if she wants a cash deal, she's gonna want part of the equity or something, and I think it's easier.

To just pay that.

There's not much. There can't be many utilities and maintenance for her. What is it remounting to how much is left in the kitty.

There's a third leapt So we got about a year and a half before we have to come to any kind of a conclusion.

Let's let's get one.

Of our well, we're going to get our attorney on three oh three seven one three talk seven one three eight two five five, because really we should be talking to an attorney.

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Hi Tom Martino, you're a troubleshooter.

Three oh three seven one three talk thero three seven one three eight.

Two five five.

We're gonna get into tourney on to talk about the issue with Bill and his.

Prenupt find out what's his best course of action.

Meanwhile, somebody texted me and wants to know why can't we use marijuana or hemp oil for fuel for our vehicles and equipment? Actually, I don't know if hemp oil. Actually I don't know. I don't know if it can be used. I don't even know if it's physically possible. Can you imagine, though, think of a creative name for a car get runs three miles to a gall and potmobile. Actually I don't know the answer. I do know that all kinds of oils have been experimented with, and not

I mean, I really am not. It is a good question.

Perhaps we should do we I know any people that I'm not ordinary mechanics, I don't think would know that. But I would like to know the compressibility and combustibility of regular oil. I mean, diesel oil is petroleum based, and of course they use the compression in a diesel to fire that off with a glow plug. Can you fire off any oil?

Is my question?

And when I put that open question out there, that's for everyone, including even though I hesitate to ask my YouTube morons. Again, you know, you got to take them with a grain of salt. Most of them.

That is so three ozho.

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

We'll try to find that out.

As far as the the oils that can be used for fuel, I really don't know the answer to that. And let's see we got other questions coming in. Here's one here. Okay, is safer Net still in business?

Mark? Do you know that or not? Yeah?

They are.

They've had some struggling issues. I've had a few complaints on them, honestly, do you know what the issues are?

Yeah?

So we know a lot about apps because at one point we were building one. So you anytime Apple or even Samsung or Google creates a new download for your phone, a new operating system, whatever, new security, they have to rebuild the app and they're very slow at it. So a lot of times the app just isn't working until

A space that is very competitive and very difficult as a smaller operator. I mean, it really is because right now VPN there's so many of them. And frankly, I mean I like the guys that say for Net and they do a really good job, or they did. I loved it, I had it. My kids are now older, I don't really use it for them. But my question is, and then of course it's not just for filtering for kids. It's all supposed to be for a cyber attacks and all of that. But my question is how do they

I say, for example, like on Windows, long as you have the newest version, Windows whatever, and long as you keep Defender what's built in up to date. I find zero need for anything in Windows. For Android, I find pretty much zero as long as you're not dumb or naive and go for fishing scams, which a lot of those things aren't going to help you with anyhow, and then yeah, if.

You fall victim to those, you're absolutely right.

And same with iOS, so long as you keep everything updated. I'm not a big fan of Norton or McAfee. I think they're a complete ripoff at this stage.

But that's about it. Okay, So what do you think? And again I don't use them. We have our own algorithms and all of that. I don't want to get into that right now. But trading applications, trading apps, they're not talking about like a merrit trade.

They're not talking about that.

They're talking about apps that tell you how to trade and what to buy and what to sell.

Have you ever looked at those? Mark No, we had.

I think she passed away unfortunately, or at least she retired. But we had a lady that did reverse mortgages forever. Oh no, she didn't pass away. Oh good, So Joan's still there. She just retired. So what was remarkable, and this is going back about five years. She had a subscription to this app and I watched it and I

You know, I wonder if anybody has used a trading app.

Now, now again, I'm not talking.

About a platform, but something that really tells you what to do.

I've always believed.

That you can't really, I don't know, you can't really tell someone what unless you're just picking stocks. That's a whole different thing, right Anyway, Three oh three seven one three talk. I'd love to know, and so would this uh this texter And by the way, you can text me as well. Seven four seven nine nine nine.

Fifty two eighty.

That's seven four seven nine nine nine fifty two eighty. I'd to know your experiences as well with trading apps. Now we're waiting to get our estate planning attorney on about the prenup to see what do you do when there's holes in it? Do you go to the trust document? If it doesn't address it, what do you do? And then we're also waiting on any kind any kind of experience you may have had with a trading app.

I'm Tom Martine. We have more coming right up.

Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance checkup free, no obligation. 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

Talk about the prenup.

And let's talk to Bill on the comment on the stock market.

Go ahead, Bill, what's going on?

Hey, I haven't used no app. I think I called you before on this, but I watched the stock market shows on TV at like Cramer particularly. Yeah, and I took about one hundred it's been about ten years. I took one hundred thousand dollars and I got about seven hundred and fifty right now.

And it took ten years.

Yeah, pretty much.

Wow. What did you do Bill? In general? Mostly buy and hold or did you do a lot of trading?

Yeah?

Took his recommendations and then like you know, I bought Apple when Apple was super dup a cheap, Yeah, Google when it was dirty, you know, all the big names when it was real cheap.

And what do you do now? Bill?

What do I do now? You wish you were doing nothing?

No, I'm talking about with your money.

It's just sitting there. Again, I'm just a tiny bit older than you, and I'm pretty sure i'll be seventy three next year.

And you know, if you think about it, to dal Jones ten years ago was sitting around sixteen seventeen thousand, Tom, Now we're at forty thousand.

If you if you didn't, if you did an indexed fund, you'd do pretty well just in an index fund.

Well, I'm going to change to that. But see, you know, when Trump was in office, was going up, up, up, I'd even have more of Trump still was in office, and when Biden took over, it kind of dropped.

Well, it really didn't drop with Biden.

It dropped for because of cod and it, to be fair, the stock market's been doing you look at I'm not making a political statement here, but the stock market has been doing fabulously except for one year under.

Biden, right right, I guess so.

But but on the good year, it did have the really good year like twenty three were there are only two two rallies that.

Remember they thought when Trump won, they thought it was going to tank, and it opened like eight nine hundred lower or even more.

I forget, but it was ridiculous and within.

I think that first trading day after the election, man, it skyrocketed, but everybody.

Was like, oh, if he wins, it's going to tank.

Yeah, and you know the I mean, we're resilient as far as a country goes, and and the stock market does somewhat follow politics, but not as much as we think.

On with you?

What's that?

Am I still with you?

Yes?

You are.

Do you know when do we have to start taking a mandatory withdrawal?

Seventy two?

It's a year turned seventy three, right.

I thought it was yeah, okay, that would be after this, but after your seventy second birthday, I believe, Well.

No, they changed it to seventy three. I think they just changed it recently.

Okay, I didn't realize that. I know it was earlier.

But in any case, you have to take a certain percentage, even though the percentage is already laid out, I don't know what it is either.

Well, my money's in stocks, but is.

It what You only have to take mandatory retirement if it's in a qualified fund where taxes have been deferred.

That's the reason you have. What's that? Mine is?

I'm at Vanguard. It's from when I worked it was. It was a four to one, and I rolled it over to an IRA so I could open a brokerage account.

Okay, so your four oh one K or your tax deferred it has to be taken out at seventy three. But it's only for the part of it that's tax deferred, right, And and that's all of it. You have a retirement account.

Right right, All of it is tax free.

Right right, or tax deferred right.

And so I just wonder because I know I have to start getting ready to do something.

Yeah, yeah, but you know you don't have to take out more. But but do you live on Social Security?

I get social Security and a pension. I'm retired from excel.

Okay, and what did you do for excelo plants?

Okay? All right? Bill? By the way, only one thing I disagree with you on.

And you said, I asked you what you were doing, and you said what I wish I was doing nothing.

I don't understand what. I will never want to stay at home now. No, I will never do not same way.

I mean it's on bored because.

I will never do nothing, never do nothing. In fact, I'm working on an entirely new career. I love, I love working and having fun. Now, obviously you know I don't want a toil. I mean, obviously people don't want to be stressed out the rest of their lives and all of that. They you know, they want to have more control, I would say, and that is what you enjoy.

You have control.

You can go to work if you want or not if you want, and that's a good thing to happen.

Right, No, I don't want to work. See, my wife just retired, so we're ready to do with I told you before about them moment.

Well, then you should be a deputy if you want.

Meaning yeah, but I've got yeah, what what do you do?

What do you What do you do all day? Tell me what you do?

Nothing? But I got certain nothing?

I know, No, it's impossible to do nothing. What do you do all day?

Nothing?

Well, where do you do you sit? Do you stand? You walk? What do you do?

Sit outside and watch the neighbors and let them entertain me?

Geez, fight fight with my wife?

Didn't watch TV?

What a great life? Yeah? Absolutely defines nothing.

Right, It's well, COVID kind of screwed everything up. See what happened with me was I stopped working and I worked a lot of overtime. My kids grew up. Yeah, the way to college. Everything everything ended at once.

I see what you're saying.

Yeah, so and then and then see we thought, see my wife's family is his homestead, as all of them. And I'm the one that's called you up about out there by Raymond and stuff out there, and and we thought we were going to end up out there. Well the ants sold it.

Well, listen, I have a very silly question. What gives meaning to your life?

Billy? Well know I'm asking.

That's just you might hear me, so I can't say too much. Well, you know, I like doing stuff. I got lots of hobbies. I like to shoot guns, not to kill people. I just like shooting them. Uh, you know, I don't know. I really wanted to travel, and then Cole was screwed everything up.

Okay, okay, travel, Okay, that's cool. Well, thanks Bill for calling. Always appreciate you listening, man, And I, just like I said, every now and then, want to dig a little deeper.

Than the normal call.

Now we have another Bill on the line too, waiting for the prenup answer. Hey, Kachina, talk to me here.

We estate planning.

We don't have any of them available, Well, let's get one of them.

Man, let's get one of us. Sorry, let's get one of them on.

We got more right after this, go with a sure thing Denver's Best Roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three out 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. Hi Tom Martino, your troubleshooter three oh three seven to one three dog three oh three seven one.

Three eight two five five. Okay.

We have Dan McKenzie from McKenzie Law, and he does a state state planning kind of you know, law for trusts and wills and all of that.

And Dan, I got a question for you here.

If a trust doesn't address a specific item, how do you handle it in general or specifically?

What would you do? But here's here's the situation.

There is a trust that Bill's wife is involved in, and it's for the siblings and for the relatives, and it's the the father's estate. When he died, he wanted his then current wife to live in his home for as long as she wants. And he has the home in a trust and she is to live there rent free for as long as she wants.

Okay.

Now, the next thing the trust did was set aside money in the trust to pay for maintenance and utilities. Bill, does it also pay for taxes and all of that? Does that come out of there? Or how our taxes paid?

Bill?

Taxes are paid out of that as well?

Okay?

So in other words, it's really to upkeep the house, the expenses of the home while she's living there. Correct, And it is a specific amount that will be exhausted by the end of next year. What happens, Dan, if there is no provision to re fund that money or to you know, to put more funds in there for the home.

Does the trust, because the trust.

Owns the house, it's I would imagine would still have to do it all anyway, right, I don't know, what do you think, Dan?

Yeah, if it's not possible, that is kind of an ambiguity in the trust and sometimes those can be revealed over time like this one is. And in that situation, if the parties can come to some sort of agreement, there is a statute that allows you to do that. You could you could all meet and agree on something, which would be probably the best way to go. It's not always possible, obviously. If it's not possible, then the

Here's hey, Dan, could you actually meet as a trust You got the trustee and you got like eleven beneficiaries. Okay, one of them is the trustee. Can they actually vote to a victor.

Since she's a beneficiary not I would be real cautious about doing that. It's a trustee because you do have to have her interests in mine too. And usually this private agreement that I just mentioned usually involves all beneficiaries. You can't have part It's got to be kind of the challenge to.

Get this many things.

Well, she is a beneficiary by living there, She's not a beneficiary that'll split the money. But she is a beneficiary, so you can't just aser out. But could you agree to ask her to pay rent or at least the expenses or not.

If she agrees to that, I mean she should see the situation and understand, like, hey, if we go to court, the court might say, look, this trust can't do this anymore and it's done, and then she doesn't have anything right, So it might be in her interest.

The best thing is communication first bill. But Dan McKenzie is available at eight three three co Plans eight three three co plans.

He is local.

That's just a great number to remember, or coplans dot co. We have more coming up on the Troubleshooter Show. Get your calls in right now three oh three seven to one three talk and of course you can call three oh three Martino twenty four to seven. Go with a

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Come Dix is the Troubleshooter Show. Now, Tom Martino, Hi.

Tom Martino, you're troubleshooter. Three oh three seven one three talk seven one three eight two five five. What's in your problem sack? What do you need solved? What pisses you off? Give us a call and we'll try to help you. Three oh three seven one three talk three all three seven one three a two five five.

I've been asking for trading apps.

Boy, I got a lot of suggestions, like a lot of suggestions, and really the ones that keep coming up. Something on Robinhood. They have a lot of tools. Now most of them do not actually select the socks, but give you suggestions and recommendations. Td Ameritrade, they said, has one e trade fidelity. We bowl provides free trading with advanced charting tools. See these are platforms again, but there is a robo advisory self directed trading tool called m

Now here's the deal.

Okay, everyone in the world thinks of the greatest trading trader in the world. And look, if you just did nothing but bought and hold, you'd probably do pretty good over.

The long run.

It's when you take the risk versus time that really gets into the problem. If you don't have a long time horizon, the shorter time horizon, then the harder it is.

But what I really hate.

Is when people think they have the magic sauce and think this is it, this is it, because nothing works all the time.

It just doesn't.

Even fundamentals don't work all the time because stocks don't always trade on fundamentals. I mean, it truly is a very difficult thing.

I mean, it really is. It really really is.

Sometimes you're lucky, by the way, and sometimes you pick some good stuff based on fundamentals. On other times it's not fundamentals, but it's based on cyclical things like you know, like the defense stocks, and I don't mean national defense, but stocks that tend to always maintain during a decline in the economy. You have, of course food and even tobacco and drugs and pharmaceuticals and stuff. They tend to

You know.

So people try to get ahead of it, they try to look at indicators and accordingly, but the real issue is not how you is, not where and how you trade, but who you trust, because truly the industry is riddled with people who don't do anything, and they basically just I don't know if lies a good word, but the industry takes people's money and they purport to invest it,

Know, that's the market. And they really don't do much.

They're like a middleman there that just collects a fee and then pays part of that fee to somebody up above them to try to do the job for them.

Okay, we had a text after.

We had some estate questions in the one woman who had a life estate.

By the way, a life estate.

In general normally means you have a life of state to something.

Normally it's used when it comes to housing.

So this man had a home before he met the woman married her, probably a second or third wife, but he wanted her to live in the house for the rest of her life and then after that leave it to let the trust dissolve it.

So that's a life of state.

It doesn't necessarily have to be called that, but that's basically what it is.

Someone wanted to know in this text.

Can I totally if it's my money and clearly my money, can I disinheit a spouse?

Can I just leave most of my stuff to someone else?

I mean, it's my money and there was no divorce, So can I just do what I want with my money? The money I had before marriage. Let's say all of the money came before marriage. You marry your second wife or even your first whatever, all your money came before you met your wife. Let's say, can you disinherit them?

The answer is no.

In Colorado, you must leave five percent to them per year of marriage, even if you're separated. So it's five percent per year of marriage to a maximum of fifty percent. You absolutely must leave to your spouse. The only way to get around that is with a prenup. So to answer that question question, you can disinherit with a prenup. Without a prenup, you must leave at least five percent.

So that's the answer to that question.

And we always seem to have lingering questions when we have Dan mackenzie on as far as a trust, can you simply dissolve it and not do what the trust wants? Technically you can in certain circumstances. For example, if all beneficiaries agree, then you can forego the trust.

If all beneficiaries and the trustee agree, they can make.

A plea to the court to dissolve the trust because none of them is being screwed out of anything. So in that case, you don't have you don't have to go by the terms of the trust. And a trust, of course, is something that basically survives death. That's why people have trusts. So if you have a trust that owns things, for example, that trust still owns those things through your death, and then it's up to the trustee to handle the affairs of those items based on the

Now. I want to I want to talk.

About some stuff here that is really important, okay, and that is when it comes to credit cards. You will not believe what they're using now to help evaluate customers for renewals and for interest rate changes. I'm going to go over that coming up. They actually look at something you're you're gonna find a little shocking, but it's being done. Three oh three seven one three eight two five five.

Compass insurance group.

By the way, we'll do your insurance comparisons to make sure you're not paying too much and that you're not under insured or over inshort three oh three nine nine six nine thousand, Go with a sure thing Denver's best roofer Excel Roofing dot com.

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

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

Name in the subject line, it'll get to me.

Or somewhere in the text it's five seven seven three nine short code five seven seven three nine my Google number seven four.

Seven nine nine nine fifty two eighty.

Hey Tom, can I give a shout out?

Go ahead, sir.

I went to this Italian restaurant. It's called it reminded me because of a kachina over here.

But the name of it is.

Calorie, just plant Calorie, and it's on a Yale and Broadway. The food was fantastic, reasonably priced, good service, and so glad I've found it.

Now if I want a good Italian meal.

Very good, very good.

There are quite a few really good Italian restaurants. Man, that's a very popular food. I think Italian and Mexican are right up there in the two most popular restaurants in the Denver metro area. Okay, So I want to talk about credit cards. So credit cards now, credit card company, and I say, now, it's been a few years, but they're really starting to use spending habits based on what you charge to alter your rate. So sometimes you get an increase in rate or an increase in credit. Sometimes,

Part of the risk algorithm the risk factor, and it's not just so much risk. But in some cases, how do I put this, it's a way to social engineer. That's the only way I can say.

So they look at purchasers and what they're buying. For example, you may be a higher risk client for no other reason.

Than what you buy or what you pay for.

And I'll go over those specifics, but I'll give you an example.

Let's say you buy.

Things that are politically incorrect, or you buy things that are considered risky behavior.

What would that be a lot of sex toys. I'm not kidding you. They don't tell you this.

They just have an algorithm that scores you based on what you buy. They have even gone so far as people who buy motorcycle parts and black t shirts and motorcycle gear to consider them a higher risk because of maybe a risky hobby, or people who do.

Exotic sports.

They also look at things that could spell bad behavior.

Things you might buy.

I don't know if they mean whips and chains, but basically they have various algorithms. They will never tell you, but credit insiders are saying that they will look at what you are buying and the amount you are buying in order to rate you. How about supplements or maybe crazy health things.

Your credit card not only shows.

What what you paid, but what you're purchasing. So no, that's another way that they can spine you, and there's nothing you can do.

Nothing. Now they're even selling data.

Now they can't sell what you bought exactly, but they can score you and share what they believe from their algorithm you present as a risk to other companies. There are people who are even saying that car insurance companies are buying some of this data to see what you purchase, to see what kind of a person you are. I don't know how far they go, folks, I don't know. This insider said they go farther than you might think. So what if you buy a lot of political stuff

Think about this.

If you have a kid, you can teach them from an early age how to erase themselves if they never start.

Would that be cool or would that be harmful?

Do you think let's go to Chris By They I mean john Pamela, Pamela, you have a question on moving companies.

Go ahead, pam what's happening?

Yes, I live in Windsor Gardens here in Denver. I'm going to be moving from one building to the next. It's literally next door. And I looked on your referral list and I didn't see any moving companies, and I just kind of wanted to know, you know some dudes and don't and see, Okay.

Well, first of all, get a real moving company. First of all, get a real moving company. But we do have moving on our referral lists.

Nope, we do not what Nope, we do not. What happened Mark, Well.

I don't want to get into it now, but we just don't have one. But I do like Johnson Storage and Moving for sure.

They've been around for usk is move Masters.

We have used them so many times and friends and family.

They had DOC like semi, im just okay, we can give.

You personal experience, then that's good, you know, Mark.

Is it safe to say?

Is it safe to say for everyone listening except for Johnson? I swear to god they've been around one hundred and twenty five years. But is it safe to say that we can't depend on movers to stay the way they are? I mean, I would that be a good statement or not.

That would be okay? Or is it some that just decided not to be on the referral list anymore? I mean, really, what do you know?

It was promise after promise. Okay, I definitely wanted to be on the referral list, but it gets to a point where it's six months down the road.

I've had it, Okay, So people, if we have problems, Mark really looks into these problems. Okay, just let me tell you that. And we don't take it lightly. So I guess there's a reason right now we don't have them. But what's the name of that one? Docs?

And then Johnson.

You'll never go wrong with Johnson never Now, they've been on my referral list. They were on my referral list for years and truly, I don't even know why they're not on anymore, you know, I mean, frankly, they probably don't need it. I mean, without sounding crazy, I mean, that's probably it. They they've just been around for so long they do a small job like that. Tom, Yes, they will.

Yeah.

And there used to be a family, the Grabel family. Now they sold out, but god was that a good company too. They were on the referraless years ago. And anyway, I don't want to get I don't want to get too specific on ones that used to be on there, because there are some that used to be on there that we will not recommend. But Pamela, here's the most important thing. Guaranteed not to exceed contract.

Did you hear me? Okay, that's all.

That's all you need, guaranteed not to exceed and not an estimate, but a contract.

And uh okay, it's the best way to do it.

And then if you buy insurance, you buy insurance directly and verify you have it. Three oh three seven one three eight two five five. Chris, you have a question on closing an IRA. Go ahead, Chris, what's going on?

Hey? Tom online seventy two years old, and I have a traditional IRA that only has twenty eight thousand dollars in it. But I need the money, okay. So I can't, for the life of me figure out how much tax is going to be taken out as any or how to do this?

Okay, okay, hold on, who do you have it with right now?

Pro price?

Okay? And is it earning money where you don't you don't want to catch or do you want to cash it all out?

I want to cash it all out. In twenty years, I've made eighteen thousand dollars.

Yeah, that's terrible. Okay, so listen. So with tax deferral, that's really terrible. But then on the other hand, you're not going to have a lot of tax to pay. Oh wait wait no, this is an IRA, so you're you're gonna have to pay on everything because now what what you will do is just pay on how much you take out. It's it's going to be that simple, and it's going to be based on ordinary income.

Unfortunately it's not capital gains.

But you have to be in a low class right now, as far as income, what is your income?

I only have self security twenty three hundred dollars a month.

I'm trying to live.

On okay with the mortgage okay, but okay, you're gonna pay you know you're gonna pay about twenty percent.

Well, here's what you do. It's very easy.

Just withdraw it, close it, no matter what you're gonna pay the tax on it. You'll get a ten ninety nine and then you'll pay tax accordingly when you fill it out. Or do you need to know how much of it you can spend? Some of them will only send you a certain amount and withhold tax anyway, But are.

You I'm suspecting that they're going to ask me if I want and withhold tax at the get go?

Will okay, I'll tell you what. Let me get hold on.

I want to get someone on for you, Hey, Kachina, Let's try to get Eric on from Atlas CPA, or we'll get Mallory, one of our accountants on to give her some general guidelines. You hang on and we'll we'll do that for you. Chris, right, yeah, hang on three three seven, one, three eight two five five. Keith has an issue with a neighbor and we're going to get to you. And also Frank wants to talk about eye doctors. Now that's easy for me, I mean, because there aren't that many around them.

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Help.

You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino, your troubleshooter three O three seven one three talks seven one three eight two five five. So this question is really one of math. But I have Eric Reinemran from atlascpa's Atlasfirms dot com, Atlas CPAs and Financial Advisors for a reason to talk

Roughly twenty seven to six a year.

And the way I understand that, mathematically speaking, Eric, eighty five percent of that is taxable. And along with her, to make a long story short, along with her seventy two thousand dollars IRA, she'll have income that year, you know, of approximately ninety five grand, and going by the tax brackets, her tax might be math speaking, only sixteen three. And that's what I'm seeing here, so that would give you

That would get paid when she filed twenty twenty four taxatur and come April.

So if she draws it out now, then she has to pay that tax before April fifteenth.

That's right.

And also it might be wise to consider if it could somehow be drawn out not allt a once, but like push something into January twenty four, just to avoid higher brackets.

So in other words, she can choose to cash half of it, now and half of it later.

Or over five years. It's really a cash flow consideration on how big the need is. But why bundle a bunch of taxle income into one year if you've got lower other income. I would spread it out as much as you can.

Chris, what about that? You really what do you need the money for.

House repairs and stuff? It's twenty eight thousand. I'm seventy two years old. It's twenty eight thousand dollars. It's just been sitting out there forever not doing it.

Oh, I'm sorry, it's not seventy two thousand. Correct, I'm so sorry.

Okay.

The only income I have is my Social Security.

Okay, I'm sorry. I want to redo that math. But okay, I don't know why. I guess I got the seventy two mixed up because how old you are? So Okay, So here's the bottom line. It's still the same, I mean not the same. You're gonna pay way less than taxes, but you're still gonna pay taxes.

So you're gonna have a total.

Income of about fifty grand or so, you're going to pay about sixty six hundred taxes basically, So you know, take twenty eight grand. You're gonna have a twenty one thousand or something like that.

Is that going to be enough?

I don't understand the why pay now and then pay the next here?

What difference?

Well, what he meant was this, you're in a bracket. Go ahead, Eric, explain it.

Yeah.

So Chris, this income, it just gets added to your other Social Security income and you don't have to pay You don't have to pay ultimately until you file your tax return in March or April. That's when you pay the taxes when you file your twenty four top turn this right, you could? But also I'm just saying, Chris, if you could somehow not need all of that right now,

Oh oh I see, Okay, Yeah, because you're so close to the end of the year, if you take fourteen grand now and fourteen grand in next year here, yeah.

Your total tax may be less than the sixty six I.

Could do that. Yeah.

And the thing is, Chris that if Chris, if you have that little other income is Social Security, you probably are you file a single just yourself tax per ten So the first thirteen thousand or so of your income is tax free anyway, So you might even owe less taxes because your first thirteen thousand is only well, it's tax free, and you at that level of income, you might not even pay eighty five percent on Social Security because the less you're twenty five to thirty, you might

You're right, okay, so you know.

What if you spread it over, He's right that eighty five percent of tax on a Social Security is only if you go over a certain threshold. Otherwise you don't pay that eighty five and you don't count eighty five percent tax is.

Taken out of my self security every month.

Yeah, but that that's not what we're talking about.

We're okay, I understand what you're saying, but it's still figured into your total taxes what we're saying. Okay, that, but however, I believe I believe that you would be better off doing it over two years. What they're saying is it's not that much more. But they're saying your tax each year would be about you're going to look at a total savings of about six hundred dollars. From what I'm seeing here, I did some really quick.

Man. Again, you might want.

To do the number fourteen now and the other fourteen sometime next year.

Well you do it.

You can do it right after the first and get so you effectively have your twenty eight grand, and then before the fifteenth you pay your your your one bill right of three thousand something, and then before April fifteenth of the following year, you pay the other three grand. Okay, so you're basically gonna save about four to five hundred bucks doing it over two years.

O take it all right?

So thank you.

Eric Reinemer and Eric Is with Atlas CPAs and Financial Advisors.

Three oh three seven nine nine nine one one one.

Let's talk to uh Frank about his uh he needs an eye doctor or an ear doctor.

I'm sorry, an ear doctor. What's going on?

And is it an ear doctor or are you talking about hearing aids and audiologist?

Frank?

No, I need an ear doctor. My ears are ringing and.

It's driving me nuts. Okay, how long have they been ringing? Frank?

That's a great question.

No, seriously, how long have you been suffering?

From it, I would say they've been my ears have been ringing about a week. Oh, a big problem is I'm not sleep Wait.

A minute, it just suddenly came on.

Yes, did anything else happen during that week at all? Any noises or any infections, any sinuses, anything you can think of.

I'm the most healthy ninety four year old person.

Oh my god in heaven, you're the healthiest ninety four year old.

You're giving me inspiration. But let me ask you this.

So you basically woke up with it or went Just tell me how it came on.

The thing is that you go to sleep, but the whatever time when you wake up at whatever time, right, and suddenly I realized, Hey, I am not sleeping all damn night. Well it's been going on for a week where I have not swept well. Last night, for example, I did not sleep all night. The ringing in my ears will now.

But what came first? The not sleeping or the ringing?

The ringing?

Okay, because you know, you know it's called tenetus, right, Yeah.

I've heard the war tennisis I don't.

And really okay, the sudden onset. Sudden onset could be anything. I mean, it could be high blood pressure. It could be a build up of earwa wax or anything. So you're right. What you need is what's called an E N T.

Yes, whatever that is, E M E N.

T ear Nose and throat doc.

Where does he find a good What are you on any particular plan?

Well? I have.

Medicare, of course, but are you.

On but do you go to any particular primary care?

I don't even know what that means. I'm so damn healthy that I don't see I think very little doctors.

Okay, so you don't have.

All right, Okay, I can tell you that you just need to look up. I mean, I look at I've used in the ant that I love. I don't even know if he's still practicing. But here's the point is that you need to find and that's what you need.

And if you if you don't have, if you had.

A primary care, they would recommend one to you immediately. Okay, So that's what I'm getting at. So you don't you can't think of you like the last time you went. You're supposed to designate a primary care physician for your plan.

Do you have one?

Don't know what that means?

Okay, hold on, we'll get your recommendation. Just hang on, we got more coming right out.

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. No obligation in 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.

Hey Tom Martino, your troubleshooter three A three seven one three talks seven one three eight two five five. Okay, hey Frank, listen man. All I can give you is someone I dealt with when I first had the onset of tentatus.

Okay.

Mine came from an infection. I was never able to get fully rid of the tenetus. I've treated it successfully and it can you can get a lot of help, Okay, but I started with an ent Now. I can't tell you these people are even the doctor I dealt with or anything is still there. But there's there. It's a great clinic. It's called Colorado e NT Specialists.

Okay, are you there.

Sir, Yes, sir, I'm here.

The number is the numbers three oh three seven five.

Zero eighty six hundred start there.

Eighty six no seven five zero eight six zero eight six zero zero.

Can you Kelly?

Can you make sure he gets that seven fifty eighty six hundred.

We have more coming right up.

Go with a sure thing Denvers Best Roofer Excel Roofing dot com.

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

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

Yeah, ripped up.

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Who you don't have? Come running just as fast as we can.

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Man Dix is the Troubleshooter Show.

Now Tom Martino, Hi, Tom Martino Here Welcome to the show. Three oh three seven one three talks at our number seven one three A two five five Brought to you by one Clear Choice Garage Doors, the best garage door company I know of for years and years and years, twenty four to seven service for emergencies. If you can't get your door closed at night, you need to to secure your house, you can call them. They can also help you with normal adjustments and power and openers and

That's what we're asking.

Hello, YouTube morons and Facebook flunkies, welcome to the show. We love solving problems. We love making your life a little easier. Have you heard about the Supreme Court, by the way, the proposed changes for the Supreme Court.

Would love to know what you think of that.

This is not a commentary on Biden, but there is a lot of frustration in general, and I was wondering, and usually that happens if they don't decide the way you like, it's a bad court.

If they decide the way you like. It's a good court.

But Biden has a pledge to really change the Supreme Court with legislation.

I don't know actually the power.

They have to do that, but I thought that was set by the Constitution. However, he wants to set term limits for justices, a binding code of conduct, and then of course he wants to amend that presidential immunity. He believes presidential immunity while acting as president should not be a strict immunity because you know, presidents could be crooked hint, hint, and therefore they shouldn't be immune from their official acts. Again,

Assassinate his enemies. And I've actually had.

Emails from morons not more on, sorry YouTubers, not YouTube more on. So I from from people who told me, Tom, when you say that it's ridiculous, these claims that democracy will be done away with and that Trump will become a dictator, it is not ridiculous and it actually will happen. So just to let you know, there are people who truly believe that you need to take away this presidential immunity because Trump will become a dictator and assassinate his opposition.

Term limits on the Supreme Court? Seriously? That's a good question, isn't it. Keith? What is your issue with your neighbor? Hello? Keith? What's going on?

Hey?

Tom?

So I have a neighbor who's kind of I would say threatening, but giving me a hard time about the condition of my lawn and a tree that I have.

In the backyard.

God, Okay, how is this affecting them?

Well, so the tree is basically it's very large, it's growing over it's kind of overhangs their property, and they're complaining about you know, they have to spend all this money to get their gutters cleaned out every year, and then it supposedly caused.

What else are they complaining about the tree and what else?

And then just the condition of the lawn?

Okay, So anyway, how are they complaining to the to the HIA.

Or to who there's no hy They just said, hey, you know, you're not taking care of your lawn and you got to take care of this tree.

And how do they complain? Is it? Is it in person or how in person? Okay? Are they mean? Are they friends? What are they?

You know, it's it's a it's a it's not an adversarial relationship. But you know, once he basically threatened to take legal action, I said, well, do your worse.

There's nothing you can do.

You can't force me to clean up my lawn, or can he?

That's my question.

No, they can, of course not unless you're breaking a law.

If you're breaking a covenant and the h AWAY you agree to the covenants when you bought, then the HIA could enforce those covenants. If you're violating some kind of ordinance, then they can go to the municipality. But this person cannot do anything now. They could in an extreme situation, they could sue you for damages if they believe you are damaging. However, a tree overhanging a fence, you're not in control.

Of that tree.

As long as that tree is in normal maintenance and normal care and you're not letting it rot over the fence, they can cut it back. By the way they would be allowed to cut it back, are you opposed to them cutting it back, or have you said to them you better not touch it.

No, I said, whatever's on your property, you're welcome to do is what you want.

Okay, then you may tell them, look, you're in perfect, perfect harmony with me. If you want to cut back that tree to our fence line, you're under an obligation to do it with care not to kill the tree.

I would put that in writing. Let them know.

No, but there's nothing. There's really nothing they can do. I mean nothing. I mean everyone can sue everyone. It gets ridiculous, but.

You know everyone I would agree.

I would agree with my neighbor that, yes, my long little overgrown and the tree is a little overgrown.

It needs to be trimmed.

But I don't have the money to trim it right now.

So well, when you say it needs to be trimmed, you're not obligated to trim it on their side of the fence.

Do you understand that.

I did not know that.

Okay, No, you're not unless you it's really weird. If it's in disrepair and it's like.

It's like dangerous, you kind of do have an obligation.

I don't really know. The condition is it dangerous. Is it rotting?

No, it's not rotting. It's just it's got a lot of sucker, you know, shoots growing up near the fence line, and it's just it does need to be trimmed. It's it's been The tree is about seventy years old.

Okay, how much will it cost to trim? Do you know?

Oh?

I would say a minimum two thousand what two thousand plus? Oh, yeah, it's a trim it. Yeah, there's a lot of dead wood in it.

Well, you may have some responsibility, but then again, you don't have all the responsibility. Have you asked them to chip in or you not have no or do you have no money whatsoever?

I just don't have enough to take care of that right now. In a number I've got another bid on a different property. I can't say that it's not my property, but somebody's told me they got to do it for two thousand dollars just for taking out some bushes, So I'm like, I know it's going to be at least two thousand.

Wow.

Well, listen, the short answer is they can't make you do it. The long answer is if it does damage and they say you knew it was in disrepair. You knew it was rotting or you knew it could damage, but the normal cleaning they can't do anything about.

So really, and.

Now how do I so, how do I determine if it's if somebody would comby, like the code enforcement or would they say, hey, you're law know you?

What you would do to really protect yourself from civil litigation is to get someone and probably pay them an arborist for an opinion on whether it is dangerous. Not if it is dirty or sheds, but is it danger is it dangerous of falling or hurting someone or a property? Then if you get a professional opinion in writing, then you can use that.

What about the codes for you know, cutting grass?

And okay, now for code enforcement, you could call code enforcement and you could say it's Sometimes it's covered by the building department and if you call there, they'll get you to the right department and say, look, I'm I'm just curious.

Of my tree is out of code.

And if I need to do something, am I required to trim it?

And at what point am I required to trim it?

For example, if it's in an easement for power lines, does it go across any power lines?

No?

But there.

They have a power that comes in from the alleyway that comes across and is under a couple of the larger.

And has it.

Okay, so it's really a big unknown, that's what it is right now. So you have to call code enforcement or you need to call the utility if you're looking for I mean, you're really looking for trouble basically. But how often do they warn you about this tree?

Well?

They he just said something about it, and he basically he gave me an ultimatum of one month and I should And what did.

He say if you don't do it in a month? What will he do if you don't do it?

I'm gonna I'm gonna go through a legal route.

Well okay, I mean listen again, they can't make you do anything, even.

A legal route.

If they literally file a lawsuit, then you're gonna have to defend yourself. But I mean, I can't see on what grounds unless you're negligent. That means the trunk and the stuff on your side is dangerous. You do not now if the branch on their side is dangerous.

That's different than nuisance. Do you understand?

Yes?

Okay, so you're gonna have to get a professional opinion, you know, And no matter how much we discussed it, it won't change. You're gonna have to get because I don't know enough.

You don't know enough.

But you get a professional opinion. Certainly you can afford someone to at least give you an opinion on the.

Tree, right sure, yeah, and that would be the way to go to protect yourself.

Listen, this arbor's as it's not dangerous, it's a healthy tree, and it needs to be trimmed a little. I don't have the money to trim it right now. You can trim it back on your side all you want. Just put it down, get it, get it in, you know. And then what do they do. They go to an attorney and say I want them to trim our side of the tree. They're not gonna you know, listen, people can say they're taking a legal route, but there's nothing you can do about it it.

You know.

Look, in a perfect world, it would be nice if you could trim your side.

Bill's got a comment on this. Go ahead, Bill, what do you think?

Well, well, you got me there, yeah, go ahead, Bill.

Well I'll tell you we had the same problem.

If you remember I called.

John at two and we of course, my name is tree fell into my yard. And the way that rule reads, unless it's neglected any right.

That's that's a good point, and that's what I was saying, Bill, you're right.

But anyway, so I the people across the street was getting that trees trimmed. So I called the guy up and he came over and he did mine that day and it cost me six hundred bucks. And with the guy, the tree guy told me the tree trim He told me to call forestry in the city because I'm in lakeuiod to call forestry and forest he came out and condemned the tree and they had to cut it down.

Oh and if you want a number, if I could find the guy's card, he's pretty reasonable if she If that person's listening.

Now, wait, they cut the tree down, but it was your neighbor's tree, right.

Yes, but it broke and fell into my yacht?

About it?

And how did the neighbor feel about you reporting it?

We're not talking.

And did the neighbor hire this guy to take the tree down?

After I had the section?

He hire the guy you're recommending?

What's that?

Did your neighbor hire the guy you're recommending.

Yes she did as a matter of fact.

And how do you know it was reasonable?

Well, of course me six hundred dollars for the section that fell in my yard.

That's a lot of money.

It is.

And I live in a heavily treated area, and it's I know, the price.

Is kind of.

Well. What's the name of the company.

Okay, here, I got it right here, I'll give you the number. It's seven to two zero five seven seven, and it's called we do Concrete woods Fence.

How long ago did you deal with this company?

A couple of months ago?

Okay, well we got that heavy wind.

Did you get that number? Keith?

I might have told you a wrong number?

Well do it? Do it again? Well, let me look so, Keith, are you listening?

It is.

Right?

Okay?

Seven two zero five one nine seven seven nine to one?

Correct, Thank you?

And ed he was fairly reasonable.

Quick.

He had a bunch of people. They swarmed all over the yard.

And Keith, I'm not suggesting you call them because you don't necessarily have the money to trim, but you can get an estimate, at least get an estimate before you jump to conclusions.

And then I would also get an arborist.

The estimate shouldn't cost you anything, and then the arborist might charge to give you an evaluation of a tree.

But that's all you can do at this point.

Three oh three, okay, seven one three talk three oh three seven one three eight two five five. Now listen for the guy that texts, I better take this break.

Then we'll come back and talk about that. Somebody texted me about hair restoration.

We'll talk about that and more coming up on the Troubleshooter Show. Go with a sure thing Denver's Best roofer Excel Roofing dot com.

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

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

Doctor is doctor Tanya paul One? That is that Brownie's Do you know.

Guys, that's who we saw doctor.

Oh yeah, yeah, Dragon, is that what Brownie is talking about? Doctor Tanya Paul's yes, okay.

And then then there's another kind of hair restoration, which is stem cell therapy.

And stem cell therapy.

Are injections into the scalp of stem cells too, and and some do combinations of that. And before stem cells, they were doing p r P platelet rich plasma and Dragon, I don't know, did if doc, excuse me, if Brownie had both the transplants and the stem cells with it, or did he have.

Just transplant and he loves it? Right? He loved the results, right, and you notice the difference right very much? So did he actually have a bald spot? It was thinning for him, You got really bald spots. Same with Ross. His was thinning pretty much.

So then the transplants came around and both of them looked tremendously better.

Yeah, because mine really is thinning too. So I tried, well, I shouldn't have told you very right now because I'm I'm waiting on the results. But I guess it's too late now, isn't it. So I went to Denver region and that was a few weeks ago for the stem cell therapy, just to see if it would thicken it up a bit.

And what I've noticed now is it's been about.

Three weeks, two or three weeks. I've noticed some itching. I know, this sounds crazy. It could be the sign of new growth.

Who knows. We'll see.

And then that comes with a redo, not a redo, but like a booster.

They call it that. In August. I'll have that done.

But there was no surgical procedure whatsoever. It was just a bunch of pricks.

If you're just tuning.

In, I'm not talking about bad people. I'm just talking about a bunch of pricks on my head. And it's four restoration, hair restoration with stem cells.

Hey, Mike, what is your question? Go ahead, Mike, welcome.

Three all three seven one three eight two five. By the way, my my, if somebody wants to know why text line is still working. Yes, I didn't get a text from you though seven four seven nine nine nine fifty two eighty. You're texting on the On the other one, I did get from you A five seven seven three nine.

That's one iHeart has.

But then we have our own Google voice number, which is seven four to seven nine fifty two eighty.

Okay, By the way, what do you need to know, Mike H.

I know you've covered this before, but I can't remember the rules.

Yeah, if if you or people break.

A lease with an apartment building, let's say it was a year lease and you stayed for six months, yeah, and you leave, do you owe the whole six months? I thought you said at one point that if they just turned right around and rented the apartment, then no loss. So you will lose your okay, and maybe a month.

Right, there's something called there's something called substance.

Over form and and really it depends.

Technically, you're on the hook for the lease, okay, but if you can prove that the breach came with limited losses, you only have to pay the limited losses.

But it's so hard to do though, especially if it's a big complex that has multiple open units, you almost never do it, that's right, because what they're gonna say is that they still have one less renter or or or one more.

Apartment to fill. However, it's not impossible. Mark.

Some have you know, four plex, two plex, some have just one apartment open.

Agreed, if you were renting your house and someone broke the lease and you re rented it, the next day, you.

Have no loss.

Well, you could have some like the cleaning different ones.

I mean, you have far enough, but I'm.

But they're not gonna They're not gonna get eight months out of your sex months out of you. Now, you could try in an apartment a house if like like if it, let's just say.

There aren't many left and they.

Have that particular one which was a two bedroom. The other one was a one bedroom. You could definitely say, wait a minute, you rented mine out.

There was a desire and a knee and you rented it out.

But they would have probably some damages, but it's up to you to pursue. They're not going to voluntarily send you a check.

Okay.

So that's that's basically what happened. Somebody moved out, he could not afford the two bedroom and asked, hey, I just I'll find the lease on you know, just transfer over to a one bedroom, and they wouldn't do it.

So, no, you have to stay for the two bedroom, and then after you've done with that lease, you can go to the one bedrooms as well.

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Hey, I'm Tom Martino.

You're a troubleshooter three all three seven one three talk seven one three eight two five five. So, Mike, here's the thing you have to uh defend yourself. How when they actually sue you? Okay, so did they actually file?

They say they're going to file. Of course they did the first thing. They threaten and then send you to collections. But what they really did is they delayed, delayed, delayed, and then when it's you know, it pushes, it pushes away out to where they're now want to charge interest of.

On the money.

Well, hold on, they can't arbitrarily charge that. They can only charge what was in the agreement.

Okay, Well that's maybe that's what they're threatening. I don't have any paperwork in.

Front of me. I'm in the car.

So listen, here's what I'm gonna tell you.

Okay, you start out, you start out at a deficit because your son breached the contract. It doesn't matter. It doesn't matter that he couldn't afford it. It doesn't matter that they wouldn't let him move. He breached the contract. So you're starting out at fault.

Okay. Now it's a matter of damages.

That's all it is. There is no question on the breach. So now it's a matter of damages. What you want to argue is that they did not attempt.

To mitigate their damages. They did not, or they did mitigate their damages. Whatever.

But it's all on you, okay. And what you need to do as part of a lawsuit against you or your son is to then afford yourself of the rules of civil procedure. And those rules will be at certain times you ask about discovery, and at certain times you take depositions and then but read read it carefully to make sure you're not on the hook for legal fees. If you lose, you could end up your son could end up seriously in.

Debt well, which brings up the whole bankruptcy thing.

Right, is your son in debt anyway? Right now?

Yes? Okay, well, then afford the higher rent? Okay, bankruptcy?

How old is he.

Pretty?

Oh? My god god? So okay, I thought he was way younger. He's oh he's Is he a veteran? Did you say?

Yes?

Okay?

So listen, if he wants to, if he has, if he does a bankruptcy, then it all goes away anyway. I mean, so I wouldn't even bother putting up a big defense.

And if there's a if there is, and it looks like most apartment leases do have attorneys fees and set forth in Colorado or CRS thirteen forty one to twenty three, the prevailing party is entitled to recover. So I mean, that's my statute. So you better be real careful. And I don't know if that means. Let's say, let's say they don't get thirteen or fourteen thousand in court, but they get five. I bet you still have to pay attorneys fees.

Yeah, but they didn't want they had no interest in negotiating, like, all right, let's just.

Talk about it.

Well, then, what Tom says bankruptcy? What I might do.

What I would do is go talk to say Mike Wink or Gig Wink and when I say threatened bankruptcy, you have a bankruptcy attorney, call and say, hey, this guy's getting ready to pull the trigger. Are you sure you don't want to settle? And that'll that they'll really take that serious compared to you know, him saying it or you.

Yeah, well that may be the how much debt is he in right now? Who?

Uh, I'm gonna say sixty?

And how much does he make.

Currently?

Not a whole lot?

He disabled?

Okay, bro, there's no question about it, no question. Call Mike Wink right now. Call Mike Wink if he's a disabled veteran, or you got to call Mike Wink.

There's no way you're going to uh.

You're gonna fight this for sixty And then add to it, I got to go on to Chris, Chris.

What's happening with you? Chris? Chris? What's happening Chris? Is Chris still there or not? Just give me a heads up. I'm here, Hi, Chris, what's going on?

Last month, my air conditioner went out. I instinctively called the company that installed it five years earlier. It was a capacitor and the guy was here less than an hour. My complaint was they charged me, Well, they have an ongoing one hundred and fifty dollars service fee because I complained, they charged me one thirty, so I got a big whopping twenty dollars off on that. My question is, is that even fair or legal or candy? Why are they getting reimversed from the manufacturer.

Well, I don't know if it's under warranty. Hold on, dear, hold on, come right, I'll come right back to you. I promise we'll talk about the warranty right after this. Go with a sure thing Denver's Best roofer Excel Roofing dot com.

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

Time for an insurance 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 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 Martin, let's go right back to Chris, I got some answer for you, Chris, Chris.

Most capacitors for most HVAC systems part come part of their warranty are five years how old in.

Yours is right at five years? Right?

Right?

Some of them have question, I don't have a problem with the warranty. What my problem is? One hundred and fifty dollars service fee?

Right?

Yes, they're allowed to charge that. They are not reimbursed for service or labor from the factory. Got almighty no, no, And that's actually pretty reasonable, it really is.

Now I've looked it up. And what brand do you have?

A MANA uh huh recommend it?

Well, okay, a man is a pretty good name, but you're but but listen, here's the deal. I think carriers probably one of the leaders in the industry right now. Some of those capacitors could be even longer, but under no circumstances are late. Is labor guaranteed unless it's guaranteed by the company, for example, Plumbline services. They will do their own guarantee on labor for certain things, so it depends on the company. But the manufacturer does not reimburse

All right, What did you pay for the system five years ago? Do you recall?

It was around five grand and it has a ten year warranty.

Man, you know what you did pretty good, you know, I mean five years ago five grand that was That's a pretty good price even five years ago.

And how big is your house?

It's a two story twenty four hundred square.

Yeah, it doesn't look at me. I would I know that it's upsetting, but I would not complain right now. I think they did you. They did not do you bad. Okay, So all right, thank you Tom.

Sure thing, Chris, keep listening, Thank you very much. Three oh three seven to one. Three oh, let's just put it this way. Uh tune in tomorrow, right, and then you can call me at three oh three Martino twenty four to seven for help, information and referrals and we'll get you on the next show. So that's three oh three, six, two seven, eight four sixty six. Goodbye, folks, and remember three oh three Martino, save all your problems for me.

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