Latest / Ask the Lawyer / 04/10/2025 Ask the Lawyer with Tom Peyton

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04/10/2025 Ask the Lawyer with Tom Peyton · Ask the Lawyer

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Speaker 2: Hello, good morning and welcome to Thursday. You're listening to
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Speaker 2: ask the lawyer on for ADWHS. The voice of charleson
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Speaker 2: in studio with this is this morning. Tom Peyton is here. Tom,
1:01
Speaker 2: Good morning. How you doing this morning?
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Speaker 4: I'm doing great? How are you doing doing all right?
1:04
Speaker 2: Appreciate you coming in. Sharing expertise is always helping people.
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Speaker 2: eight one three one three zero four three four to
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Speaker 2: none three five, five zero zero eight threes are a
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Speaker 2: four nine three five five zero zero eight. Peyton Law
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Speaker 2: Firm located at Nitro, West, Virginia. Payton Law Firm dot com.
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Speaker 2: P E y t o Inn Peyton Law Firm dot com.
1:29
Speaker 2: Not quite the warmest day of the week. It's but
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Speaker 2: at least it's not raining heavily.
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Speaker 4: The good thing about spring is that warm weather's coming in.
1:39
Speaker 2: You know it's here, it's coming somewhere.
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Speaker 4: The longer you can endure the fifty degree drizzly weather,
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Speaker 4: the better those seventy five degree days will be.
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Speaker 2: That's the truth. I'm trying to plan out some time
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Speaker 2: off where it's going to be nice out because I
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Speaker 2: have I'm so far behind when when things to do
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Speaker 2: around the house. We've had some some things come up
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Speaker 2: this year where I'm just behind on stuff, and.
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Speaker 4: I agree the last couple of days behind a window.
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Speaker 5: To do it.
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Speaker 2: It's one of the things I need to look for
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Speaker 2: as things to do that. Lots of stuff going on
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Speaker 2: and lots of stuff we can talk about. Of course,
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Speaker 2: if you want to put the power painting on your side,
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Speaker 2: you and give us a call this morning. Three zero
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Speaker 2: four three four two eight one three one. Any questions
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Speaker 2: you have about personal matters that you're running into, maybe
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Speaker 2: a loved one who doesn't have access to be able
2:16
Speaker 2: to call in or get some advice and you want
2:18
Speaker 2: to act in their stad You're more than welcome to
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Speaker 2: do that. Give us a call this morning. And also
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Speaker 2: any topics that we come along with Tom and I
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Speaker 2: will have a discussion during the course of the morning.
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Speaker 2: Anything with stumble upoint that you want to talk about,
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Speaker 2: you're more than welcome to call on that as well.
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Speaker 2: Three zero four three four two eight one three one.
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Speaker 4: Yeah, lots of things going on on the national level.
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Speaker 4: From the legal standpoint, maybe kind of start in case
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Speaker 4: we have some new listeners what we do at Peyton
2:40
Speaker 4: Law for of course, I'd like to get a little
2:42
Speaker 4: light politics here on the show and local current events,
2:45
Speaker 4: but primarily what we do, I guess our our I
2:50
Speaker 4: would say our bread and butter is civil litigation, So
2:53
Speaker 4: don't don't represent large corporations, don't represent big insurance comp
3:00
Speaker 4: but we kind of represent the everyday person and generally
3:04
Speaker 4: whatever they need. But most significantly if someone's been injured
3:09
Speaker 4: in some way, either financially or physically. Do an awful
3:11
Speaker 4: lot of automobile accident cases dealing with automobile insures, falls
3:18
Speaker 4: denied insurance claims do sobi security disability. We don't fairly
3:23
Speaker 4: selective on the ones we take. So you don't see
3:25
Speaker 4: a lot of advertising for US for social security disability claims,
3:28
Speaker 4: but you don't think about that that those are some
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Speaker 4: of the most important cases we handle, because when you
3:35
Speaker 4: apply for social scarity disability, I mean you always hear
3:38
Speaker 4: the stories, well, Johnny's on discibiliy and look he's out there,
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Speaker 4: lift them up the car motor or something like that.
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Speaker 4: And of course there are people on We've heard a
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Speaker 4: lot about waste, fraud and abuse in the social security system.
3:51
Speaker 4: A lot of that's been misinformation. I think you are
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Speaker 4: always going to find in a system that large waste
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Speaker 4: fraud and abuse, and I would think that other than
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Speaker 4: the fraudster, universally everyone will agree that there shouldn't be waste,
4:09
Speaker 4: fraud and abuse. But it's always going to be there
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Speaker 4: in some element because it's too large of a system
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Speaker 4: to be fail safe. And and so with SO security cases, though,
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Speaker 4: what we do is we generally have our if a
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Speaker 4: client cause and says, oh, gosh, I've been diagnosed with
4:26
Speaker 4: some kind of condition that or had an injury, and
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Speaker 4: you know, I've worked all my life and paid my
4:32
Speaker 4: credits in and I can't work anymore. A lot of
4:35
Speaker 4: people don't have private disability insurance policies which you can
4:40
Speaker 4: go buy from an agent, or a lot of folks
4:43
Speaker 4: have them connected to their work. They might have a
4:45
Speaker 4: disability fringe benefit. Those can be difficult too. But we
4:51
Speaker 4: instruct our clients to go ahead and file their application
4:55
Speaker 4: for Social security disability. And it's sometimes to say what
4:59
Speaker 4: they call protect to filing. So to qualify for SO
5:03
Speaker 4: security disability, you have to have a problem that's expected
5:11
Speaker 4: to last twelve months or longer. If it's less than
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Speaker 4: twelve months, you're not going to qualify it. However, if
5:17
Speaker 4: you have an injury or an illness that you believe
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Speaker 4: is going to prevent you from working for twelve months
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Speaker 4: or longer, you're best off to go ahead and file
5:27
Speaker 4: your application for so security disability. Now you as certain
5:31
Speaker 4: that application that you can't do full time work. What
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Speaker 4: SO Security Administration calls substantial gainful work activity, which in
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Speaker 4: essence means full time work that you're qualified to do.
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Speaker 4: But what that does is it gets the process. It's free.
5:48
Speaker 4: I don't know how they're doing it in the current administration.
5:51
Speaker 4: For sure, it used to be and has been for
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Speaker 4: the last probably decade, that you can set a phone
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Speaker 4: call interview with a SOB Security Administration worker and then
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Speaker 4: you just do a phone interview and they complete the
6:06
Speaker 4: application for you. I think at one point you could
6:08
Speaker 4: do the one line. Now I don't know what I know.
6:11
Speaker 4: They've had some restrictions with access and requirements that you
6:14
Speaker 4: go in person. Right now. In our neck of the woods,
6:18
Speaker 4: of course, we have a downtown Charleston so Security Office,
6:20
Speaker 4: and then in Saint Albans in the loop there on
6:24
Speaker 4: Old Main Street, there's a I think that SOB Security
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Speaker 4: Office is still open, hopefully, because it's a significant resource
6:31
Speaker 4: for folks who on a depth of computer or maybe
6:34
Speaker 4: can't get something done by phone, but you want to
6:37
Speaker 4: go ahead and file that application. There's nothing magic about
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Speaker 4: the application. It's mostly just providing information to the SoC
6:44
Speaker 4: Security Administration so they can get the process started and
6:49
Speaker 4: absent really bad terminal type conditions, they're going to deny
6:54
Speaker 4: your application. I mean the thousands I've done, I've probably
6:58
Speaker 4: on one hand could count the number of applications that
7:01
Speaker 4: were approved right off the bat. And it doesn't matter
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Speaker 4: whether you have a lawyer complete your application or you
7:05
Speaker 4: do it yourself. They're almost universally denied at the beginning.
7:08
Speaker 4: Then when you get that first denial letter, which is
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Speaker 4: usually anywhere between a month and three months after you
7:14
Speaker 4: file your application, that's when you call our office and
7:16
Speaker 4: then we take over from there and there's an appeal process.
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Speaker 4: You have to request a reconsideration of that ruling and
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Speaker 4: if there's any new information, certainly we want to provide it.
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Speaker 4: But ninety nine percent of the time those are denied,
7:28
Speaker 4: but it takes time to get You have to go
7:29
Speaker 4: through that process. Then you get to request your hearing,
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Speaker 4: and when you get to the hearing is when you prevail,
7:36
Speaker 4: if you're going to in most of these cases. But
7:39
Speaker 4: that process before the current administration started cutting jobs and
7:46
Speaker 4: resources to the SO Security Administration. I mean a quick
7:51
Speaker 4: one would be a year and a half probably from
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Speaker 4: the time you file your application. So unless you have
7:56
Speaker 4: that some kind of private or employer under disability insurance policy,
8:03
Speaker 4: you're not getting any income if you aren't able to work.
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Speaker 4: That entire usually probably an average two and a half
8:10
Speaker 4: year process while you're waiting for your claim to get
8:14
Speaker 4: to a hearing, and then if you win your hearing,
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Speaker 4: the remedy is you get back pay. So however, many
8:21
Speaker 4: months back, the judge may find yes, Tom was disabled
8:26
Speaker 4: two years prior to now when he stopped working, and
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Speaker 4: then you get a little deduct for a few months
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Speaker 4: for cisc your disability because there's a five month waiting
8:32
Speaker 4: for you. But you just basically calculate all your back
8:35
Speaker 4: months that you were owed benefits because you in fact
8:37
Speaker 4: were disabled two years prior to that, and then you
8:40
Speaker 4: get a backpay check to make up for it. But
8:42
Speaker 4: there's nothing really to fill that gap there. And so
8:45
Speaker 4: if you instinctally, and most of my clients have worked
8:52
Speaker 4: most of their life, they don't want to be on
8:53
Speaker 4: disability except their hand is forced to. So there's a
8:57
Speaker 4: lot of hesitation to file the application for disability because
9:00
Speaker 4: it's kind of you feel like you're conceding to disability.
9:05
Speaker 4: That's a hard that's a hard pill to swallow when
9:09
Speaker 4: you've worked most for all of your life. But you
9:14
Speaker 4: got to resist that urgent go ahead and file because
9:16
Speaker 4: you want to get your application in line, because the
9:18
Speaker 4: longer you wait, if you wait a year, year and
9:20
Speaker 4: a half, and I don't think I might be able
9:21
Speaker 4: to get back to work, I don't know. I don't
9:23
Speaker 4: want to cross that line and file for disability. That's
9:28
Speaker 4: a year and a half or two years. Now you're
9:30
Speaker 4: behind the ball and your claim doesn't go any faster.
9:32
Speaker 4: So now you're waiting two years from that point to
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Speaker 4: get to your hearings.
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Speaker 2: Almost seems like you would be hooviy to to make
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Speaker 2: the claim.
9:40
Speaker 4: And yeah, foo doesn't cost you anything. It probably an interview,
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Speaker 4: even if if you have to go sit in person
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Speaker 4: or by phone, you're probably talking a half hour forty
9:52
Speaker 4: five minutes giving information to so security administration. It doesn't
9:55
Speaker 4: cost anything. If you improve your conditioning and you don't
10:00
Speaker 4: need it, you just drop your drop your case. That's it.
10:04
Speaker 4: So there's there's really no You don't get penalized because
10:06
Speaker 4: you filed one and then it turns out you were
10:08
Speaker 4: able to go back to work. A lot of people
10:13
Speaker 4: also don't realize that so security disability benefits doesn't only
10:18
Speaker 4: apply to permanent disability. I mean, I've had clients who
10:21
Speaker 4: have been injured in automobile accidents and it's a long
10:24
Speaker 4: road to recovery, so it takes them three or four
10:26
Speaker 4: years to get back where they can go do full
10:29
Speaker 4: time work again. Well, you're your so security stops at
10:32
Speaker 4: that point if you're working making money, but you can
10:37
Speaker 4: still get your back pay that you were entitled to
10:39
Speaker 4: and a monthly benefit until you're able to go back
10:41
Speaker 4: to work. So there's really no from a legal standpoint
10:45
Speaker 4: and financial standpoint. You want to go ahead and file
10:48
Speaker 4: those applications early and get the process started and then
10:52
Speaker 4: I really we have folks call us quite a bit
10:56
Speaker 4: that have either already gone through a hearing or at
10:59
Speaker 4: the hearing stage either didn't have a lawyer, now they
11:01
Speaker 4: have a lawyer. It didn't like because they feel like
11:03
Speaker 4: they're part of a mill affirm It just turns out
11:06
Speaker 4: thousands of claims and don't get any particular attention. But
11:09
Speaker 4: once it gets to the hearing stage, it's real hard
11:11
Speaker 4: for us to go back and.
11:13
Speaker 2: Do the job.
11:14
Speaker 4: We don't we really take those cases because we haven't
11:17
Speaker 4: been the ones working them up from the beginning. But
11:21
Speaker 4: don't hesitate to I mean, we want you to call
11:23
Speaker 4: us and we.
11:24
Speaker 2: Review the case.
11:25
Speaker 4: If we think there's a reasonable chance of us winning
11:28
Speaker 4: your claim, for you will take the case. But there's
11:30
Speaker 4: no don't worry about coming up with money for your lawyer,
11:33
Speaker 4: for example, or is this lawyer's going to charge you
11:34
Speaker 4: body hour, because there's there's all of these cases are contingent,
11:39
Speaker 4: so the lawyer doesn't get paid unless they win. You
11:42
Speaker 4: win your disability claim, and then actually the Security Administration
11:48
Speaker 4: will take out the lawyer's fee and pay the lawyer.
11:51
Speaker 4: And the way that works is it's a percentage of
11:54
Speaker 4: your backpack capped at a certain amount, which is a fluxure.
11:58
Speaker 4: It depends. It's kind of a just sort of like
12:01
Speaker 4: cost of living adjustments, the maximum amount the lawyer can receive.
12:03
Speaker 4: But it's twenty five percent of back pay cap at
12:06
Speaker 4: a certain amount. And so you don't have to worry
12:11
Speaker 4: about if you lose your claim or you're gonna where
12:14
Speaker 4: you're gonna be stuck with a lawyer bill. Now, of course,
12:17
Speaker 4: if the lawyer does the work and you prevail, then
12:20
Speaker 4: part of your back pay goes to the attorney's office.
12:22
Speaker 4: Then you got to pay. The costs usually aren't too high,
12:26
Speaker 4: just gathering medical records usually a few hundred dollars, or
12:29
Speaker 4: you can pay out of your back pay, but it's
12:31
Speaker 4: it's uh, it's really important because you get folks there
12:35
Speaker 4: and that hearing is critical, so you got to know
12:38
Speaker 4: how to handle it. You got to make sure you
12:39
Speaker 4: have the information available to the judge because you generally
12:42
Speaker 4: get one shot at it and sometimes, I mean we've
12:45
Speaker 4: had cases where back pay is in the six figures
12:48
Speaker 4: and so you can imagine you lose that hearing, you
12:52
Speaker 4: don't get to go back and re argue it again.
12:54
Speaker 4: Unless you have something new come up physically or mentally
12:57
Speaker 4: that makes your condition more severe. You're stuck with that
13:01
Speaker 4: ruling and you can't very rarely can you go back
13:05
Speaker 4: and get that back pay that you've lost when that
13:07
Speaker 4: you lost your claim at the hearing level. So they're
13:10
Speaker 4: really important cases to our clients, and we treat them
13:12
Speaker 4: that way. So we don't talk about that a lot.
13:16
Speaker 4: We don't really advertise for that, but if you have
13:18
Speaker 4: a if you or a friend or family member need
13:23
Speaker 4: to seek so secarity, disability. We just ask you to
13:26
Speaker 4: keep us in mind because we tend to do a
13:28
Speaker 4: I think we do a really good job.
13:29
Speaker 2: We have a phone call. Someone caught in this morning
13:31
Speaker 2: has a question for Tom. Good morning, you're on the air.
13:33
Speaker 2: What's your first name? Hey, Randy, what's your question for Tom?
13:38
Speaker 5: I had them do a deed upon death from my house. Yeah,
13:42
Speaker 5: and I'm really really pleased with it. And I wonder
13:44
Speaker 5: what I could do with my cars just so when
13:48
Speaker 5: I when I passed, if my so my son doesn't
13:50
Speaker 5: have any problem getting them in his name and stuff.
13:54
Speaker 4: Yeah, So he's referencing a transfer on death deed, which
13:57
Speaker 4: I still call new, which shows my age. Legislature authorized
14:01
Speaker 4: those like ten years ago.
14:02
Speaker 2: It's still pretty new though, as far as law goes.
14:04
Speaker 4: Yes, as far as the law goes, that's certainly certainly new.
14:09
Speaker 4: And what that does it it's a kind of a
14:11
Speaker 4: unique deed where like Randy would sign the deed and
14:15
Speaker 4: his son would be named in the deed and it's recorded,
14:22
Speaker 4: but nothing changes. So Randy gets to all the benefits
14:26
Speaker 4: and burdens of ownership, meaning paying taxes and insurance and
14:30
Speaker 4: that kind of thing. But because it's already been recorded
14:34
Speaker 4: the moment Randy passes away, as long as that deed's
14:36
Speaker 4: still in place. Now Randy can change his mind, say
14:40
Speaker 4: Son A went bad or something, and now he wants
14:43
Speaker 4: to give it to Son B. He can go, he
14:44
Speaker 4: can call us, we can do a new transferring death
14:46
Speaker 4: deed and record it and it's nobody's else's business. He
14:49
Speaker 4: can do whatever he wants to do. It's public record
14:51
Speaker 4: when it's recorded, so somebody could find it. But the
14:53
Speaker 4: effect of that is when Randy passes away, there's no
14:57
Speaker 4: probate with that property, just instantaneous belongs to whoever he
15:01
Speaker 4: named as the beneficiary, beneficial owner and that deed. And
15:05
Speaker 4: there's a lot of different reasons to do it, particularly
15:08
Speaker 4: if it's your home place used to be. You'd see
15:11
Speaker 4: folks do like grant their property their kids but reserve
15:14
Speaker 4: a life of state, or i've heard this line share
15:17
Speaker 4: cub share deed where you try and give your child
15:20
Speaker 4: like a small interest in it. That way they can
15:23
Speaker 4: inherit yours as a joint owner when when you pass away.
15:26
Speaker 4: Both of those mechanisms caused the original owner, the parent
15:29
Speaker 4: in our situation, to lose some ownership interest in it.
15:32
Speaker 4: So you can't do things with your property, can't sell it,
15:35
Speaker 4: you can't borrow against it, you can't quote take their
15:39
Speaker 4: name off that deed because they have a vested interest
15:42
Speaker 4: in it, whether it's now or in the future. And
15:44
Speaker 4: so me being a parent, and you know, I wouldn't.
15:47
Speaker 4: I don't really want to give my kids interested in
15:49
Speaker 4: my property and have to ask them whether I can
15:51
Speaker 4: do certain things or not. Plus you also may be
15:53
Speaker 4: subject to your children's creditors if they end up having
15:56
Speaker 4: a problem, you know, And so this transferming death deed
16:00
Speaker 4: avoids all of that, while at the same time getting
16:03
Speaker 4: the property to whom you want non probate and having
16:06
Speaker 4: it go through not go through the probate process generally
16:11
Speaker 4: other than a mortgage, prevents it from being subject to
16:15
Speaker 4: the payment of the deceased person's debts. One of those
16:18
Speaker 4: potential debts is a lean from Medicaid. If you needed
16:22
Speaker 4: to go in long term care and you qualified for
16:25
Speaker 4: the welfare benefit of Medicaid, they with very few exceptions,
16:29
Speaker 4: they don't come take your house. Your house is exempt.
16:32
Speaker 4: You can still qualify for financially for the welfare Medicaid
16:35
Speaker 4: benefit and keep your home. Now when you pass away,
16:39
Speaker 4: they can do what it's called a state recovery and
16:41
Speaker 4: try and put a lean on your home for the
16:43
Speaker 4: value of care the government paid a nursing home, for example.
16:46
Speaker 4: But these deeds right now, because the property is instantaneously
16:51
Speaker 4: owned by whoever you've named in that deed. The moment
16:53
Speaker 4: you pass away, there's no property left with the government.
16:58
Speaker 4: I mean, there's a process through probate for the leans
17:00
Speaker 4: to be placed or some time laps after you pass away,
17:03
Speaker 4: and so the property has already been transferred to someone else,
17:06
Speaker 4: and that that lean doesn't exist until after you pass away,
17:11
Speaker 4: so it doesn't follow the property and it certainly isn't
17:14
Speaker 4: the debt of the person who owns it at that point.
17:17
Speaker 4: So you can work for a car too, and well
17:20
Speaker 4: so that's where I was going. So a car, No,
17:21
Speaker 4: they don't have the they don't have the transferring death option. Now,
17:25
Speaker 4: if you want to make your vehicle pass nonprobate, of
17:31
Speaker 4: course you can create fancy trusts and things, but that's
17:34
Speaker 4: really getting way out there for a vehicle. But you
17:37
Speaker 4: can the way vehicle titles work, if you have two
17:41
Speaker 4: names on a car title, if it has the word
17:45
Speaker 4: and between the names not and slash or but literally
17:49
Speaker 4: the word like Tom and Dale. And then Tom passes away,
17:55
Speaker 4: then my half interest goes through probate either by my
17:59
Speaker 4: will it or go my half interest will go to
18:01
Speaker 4: whoever I've named him my will as my heirs, or
18:03
Speaker 4: if I don't have a will, obviously, the legislature has
18:05
Speaker 4: its own will made for you. It's called intestate succession.
18:07
Speaker 4: And the question of code says who gets that half interest? Obviously,
18:11
Speaker 4: that can create a real mess when you're talking about
18:13
Speaker 4: a vehicle, or the alternative way in which you can
18:20
Speaker 4: title a vehicle is to put the word quote or
18:23
Speaker 4: in between the names, and that makes it a non
18:26
Speaker 4: probate kind of survivorship ownership. So if Randy put his
18:30
Speaker 4: son on his car title with him with the words
18:33
Speaker 4: or between, and Randy passes away, first his son does nothing.
18:37
Speaker 4: He just has the title and he's he's then the
18:40
Speaker 4: sole owner. He's you don't have to do anything now.
18:43
Speaker 4: The risk being that the difference between that and the
18:45
Speaker 4: transferm death deed is that Randy has given his son
18:48
Speaker 4: I had an ownership interest in that vehicle.
18:51
Speaker 2: So that is this even in life, right, So that
18:54
Speaker 2: is this, even before he dies, he has got.
18:57
Speaker 4: So you would you go by you know, let's say
18:59
Speaker 4: Randy as a vehicle and his name only pays it
19:01
Speaker 4: off Linderson's in the title with the released stamp on
19:05
Speaker 4: the back. So now he can change it however he wants.
19:07
Speaker 4: He can go to DMV and have that title reissued
19:09
Speaker 4: and his name and his son's name with the word
19:11
Speaker 4: or between. Now that gives his son essentially the same
19:15
Speaker 4: rights to not necessarily use. That can depend on the
19:19
Speaker 4: private agreement, but as far as title, like, if the
19:22
Speaker 4: son got a hold of the title, he could sign
19:24
Speaker 4: the back of it to me as a buyer and
19:26
Speaker 4: transfer it to me, because either of them have the
19:29
Speaker 4: right to do that, which is why if Randy passes away,
19:33
Speaker 4: his right to do that terminates. And in essence, even
19:36
Speaker 4: though his name is still printed on the vehicle's title,
19:40
Speaker 4: his son owns it one hundred percent at that point,
19:42
Speaker 4: and he could go have it reissued in whoever's name,
19:45
Speaker 4: so that Randy loses some ownership interest in it. Essentially
19:53
Speaker 4: if he puts his son's name on there, meaning when
19:55
Speaker 4: the son could come get the vehicle, even though Randy's
19:59
Speaker 4: one primary drive, it wouldn't be theft or anything like that.
20:02
Speaker 4: Son can get the keys, get the vehicle. Randy could say, oh,
20:05
Speaker 4: my son stole my car and the police pulled him
20:07
Speaker 4: over and he says, well, no, I'm on the title
20:09
Speaker 4: right here. Yeah, he's right. You can't steal your own property.
20:12
Speaker 4: It's not larceny. So you know that's that's a risk.
20:18
Speaker 4: It depends on your particular situation. But the non probate
20:22
Speaker 4: nature of it is the same, so that you know,
20:25
Speaker 4: his son would have to do nothing. When Randy passed away,
20:27
Speaker 4: he would just carry on and he could sell the vehicle,
20:30
Speaker 4: he could do whatever he wanted. Unless there's a lean
20:33
Speaker 4: against the vehicle, you know, voluntarily meaning it was used
20:37
Speaker 4: as collateral for some type of loan. Then his son
20:39
Speaker 4: just carries on. It's not subject to Randy's creditors. Now,
20:43
Speaker 4: if you have and between the names, then Randy's half
20:45
Speaker 4: interest would go through probate. And let's say Randy had
20:48
Speaker 4: a big credit card bill or a large medical bill
20:51
Speaker 4: that wasn't paid and those creditors foul claims against his estate,
20:55
Speaker 4: then that half interest would be subject to those claims.
21:00
Speaker 4: So somebody's got to pay those claims or else somehow
21:04
Speaker 4: figure out how to And it's it's almost imposedly. Can't
21:06
Speaker 4: sell half a car hardly. What would probably happen if
21:09
Speaker 4: is someone to keep the vehicle is his son would
21:11
Speaker 4: pay the estate, you know, the low market value half
21:16
Speaker 4: value for the vehicle, and then that he's clear because
21:19
Speaker 4: there's cash in the estate to make up for that
21:21
Speaker 4: half interest that the creditors have access to.
21:25
Speaker 2: Let's good, Randy. Do you have a follow up question?
21:27
Speaker 5: No, it's a I guess you got to trust somebody.
21:32
Speaker 4: Yeah, that's right. That's the other way. If you put
21:34
Speaker 4: your son's name on there with the word or between it,
21:37
Speaker 4: you will accomplish the non probate nature of that property
21:42
Speaker 4: when you pass away, and make it real easy on him.
21:44
Speaker 4: As long as you don't have concerns about some of
21:46
Speaker 4: the other things that I just fleshed out, then it's
21:49
Speaker 4: perfectly fine to do that. Yeah, but like if your son,
21:52
Speaker 4: I mean, I've seen case and you say, well, my
21:53
Speaker 4: son would never do that. Or I've seen cases where
21:58
Speaker 4: before transfering death deeds where folks had tunnel vision about well,
22:02
Speaker 4: I gotta avoid probate and they put their kids' names
22:04
Speaker 4: on there. Well then, and I had one really bad
22:06
Speaker 4: one where yeah, that's fine, but then the daughter gets
22:08
Speaker 4: in an automobile accident. Sadly, she becomes a quadriplegic. She's
22:13
Speaker 4: got all kinds of bills she can't pay, and the
22:16
Speaker 4: creditors are looking for assets to get paid. And guess what,
22:22
Speaker 4: her mom would put her name on the deed.
22:24
Speaker 2: But you don't.
22:25
Speaker 4: When you put somebody's name on a deed, you don't.
22:28
Speaker 4: It's not just a name printed on there. You've conveyed
22:30
Speaker 4: an ownership interest to them. Not on transfering death deeds.
22:33
Speaker 4: That's the only exception I'm really aware of. But otherwise
22:37
Speaker 4: they have an ownership interest in it. So in that case,
22:39
Speaker 4: even though it had been the mother's home basically raised
22:42
Speaker 4: the kids, there is the homeplace others had to come
22:45
Speaker 4: and put money into help with that debt to get
22:48
Speaker 4: those creditors away from the family home. So it wasn't
22:51
Speaker 4: that well, susy Q wouldn't do that, or susi Q
22:54
Speaker 4: wouldn't transfer it, or susi Q wouldn't incur debt against
22:59
Speaker 4: what is my property. Sometimes you have situations that are
23:05
Speaker 4: out of the person's control. You know, you get an
23:07
Speaker 4: injury and you have these bills that you can't control,
23:10
Speaker 4: or and you have divorces, and you have addictions, and
23:13
Speaker 4: you have all kinds of things that I see because
23:16
Speaker 4: I get calls when those problems arise. That doesn't really
23:20
Speaker 4: necessarily have anything to do with trusting your child. So
23:23
Speaker 4: you gotta mostly Randy's right, though, it's mostly can you
23:27
Speaker 4: trust your child not to exploit the fact that his
23:30
Speaker 4: name's on the car title, even though in fact it's
23:33
Speaker 4: really his father's vehicle, And so it's right. Trust is
23:38
Speaker 4: the primary thing, because the other issues I talked about
23:40
Speaker 4: are certainly rare exceptions, but just be aware they can
23:44
Speaker 4: Things can happen like that vehicle could be subject to
23:46
Speaker 4: your son's creditors if something goes really bad in his
23:49
Speaker 4: life and they're on him trying to collect.
23:54
Speaker 2: It's complete information. Randy, appreciate your phone call.
23:57
Speaker 5: Well, listen, I just want you to know that beat
23:59
Speaker 5: upon busy you made for me is the greatest thing
24:01
Speaker 5: I ever had. So gives me such comfort to know
24:04
Speaker 5: that there's no problem and my son gets what I
24:07
Speaker 5: want him to have, and it's just really nice.
24:10
Speaker 4: I'm glad we gave you a little peace of mind.
24:12
Speaker 4: And those are you know, those are pretty easy to do.
24:15
Speaker 4: Other than Canall County. I think all know Putnam and Cavell, well,
24:20
Speaker 4: most of every county locally around here that I know of.
24:22
Speaker 4: Deeds are available online for us. So if you wanted
24:27
Speaker 4: to transfer and death he'd done, for example, all you
24:30
Speaker 4: really have to do is call. Now, if a child calls,
24:35
Speaker 4: I said, okay, that's fine, but you know, I make
24:37
Speaker 4: sure I make a private call or have direct contact
24:39
Speaker 4: with the parent because I want to make sure this
24:41
Speaker 4: is what they really want to do, not just draft
24:43
Speaker 4: a document because a child calls me. But you'd be
24:46
Speaker 4: surprised how much how often that happens. But we document,
24:49
Speaker 4: Tom talked with you know, the actual parent. They want
24:52
Speaker 4: to do this, They understand it. But really all you
24:54
Speaker 4: have to do is call uh and then we You
24:57
Speaker 4: don't need to bring anything in because it's not like
24:59
Speaker 4: a car title. You know, you don't sign the back
25:01
Speaker 4: of a deed. They could do a car title. We
25:03
Speaker 4: draft an entirely new deed. We generally have to get
25:07
Speaker 4: a copy of the most recent deed in order to
25:09
Speaker 4: see the legal description and some other information in order
25:12
Speaker 4: to draft our deed. But those are other than Kannall County.
25:15
Speaker 4: Those all are available online and to be fair to
25:17
Speaker 4: Kennall County. The folks that work over in the County
25:22
Speaker 4: Clerk's office in the record room are really helpful. So
25:24
Speaker 4: if you know where the name of the deed person's
25:26
Speaker 4: name on the deed or the deed book and page,
25:28
Speaker 4: they'll fox it to us for a pretty small they
25:31
Speaker 4: charge a fee. It's pretty small fees, so it really
25:34
Speaker 4: takes very little effort. If you want to get the
25:36
Speaker 4: peace of mind that Randy had, you don't need them.
25:39
Speaker 4: And then when we get the deed drafted, you know,
25:41
Speaker 4: our turnaround town depends on what's going on because we
25:43
Speaker 4: do a lot of litigation. But you know, ten days
25:46
Speaker 4: to three weeks something like that, and then only the
25:49
Speaker 4: parent has to sign it, and you can come in
25:52
Speaker 4: and to our office. We're all notaries sign it. You
25:54
Speaker 4: pay a separate little fee for recording. We take it.
25:57
Speaker 4: In fact, after the radio today, I'm going to record
26:00
Speaker 4: three or four deeds and do a little title work
26:03
Speaker 4: and so we get it recorded for you and take
26:05
Speaker 4: care of it for a what we think is a
26:07
Speaker 4: reasonable fee.
26:08
Speaker 2: So yeah, that's good stuff, Brandy. We appreciate that phone
26:11
Speaker 2: call that leaves the phone line open for you with
26:12
Speaker 2: three zero four three four two eight one three one
26:14
Speaker 2: three zero four three four two eight one three one.
26:16
Speaker 2: You can put the power of Peyton when you're out
26:17
Speaker 2: of this one. About thirteen minutes left in the program.
26:19
Speaker 2: We need to take that break. We'll do that right now.
26:20
Speaker 2: We'll come back with more from Tom Payton, from the
26:22
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Speaker 2: right after this. You're listening to ask the Lawyer A
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26:36
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27:37
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28:04
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Speaker 2: in studio with us this morning, and you can give
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28:20
Speaker 4: Yeah. So we're kind of some national news that came
28:22
Speaker 4: out this week regarding the law of Christmas. People a
28:27
Speaker 4: thinking about their finances today, and true, that's suppose to
28:31
Speaker 4: tell you off there. I had like one of the
28:32
Speaker 4: greatest days in my investments ever yesterday. Unfortunately it didn't
28:36
Speaker 4: make up for them the ten days prior. Right, the
28:39
Speaker 4: President's become the mass He's the I feel like John
28:43
Speaker 4: Burdeath that does the show always listen on Mondays. Uh
28:46
Speaker 4: asked the expert with he's a financial advisor, right, and
28:50
Speaker 4: Trump would be the ultimate president. Trump's the ultimate financial advisor.
28:53
Speaker 4: Now he can tell you exactly what to do and
28:55
Speaker 4: almost guarantee you'll make money.
28:57
Speaker 2: If you're in that inner circle, you're in good shoe
28:58
Speaker 2: tweet if you're in.
29:00
Speaker 4: So back on the federal level, we did have a
29:02
Speaker 4: Supreme Court US Supreme Court decision I think it was Monday,
29:05
Speaker 4: And this is regarding the the federal government's use of
29:11
Speaker 4: the It was an aliens Enemies Act that's generally well
29:18
Speaker 4: has only been applied during wartime I think War of
29:21
Speaker 4: eighteen twelve, World War one, world War two. Because I
29:25
Speaker 4: don't have a language to quote, but it's you know,
29:28
Speaker 4: it's basically the ability to deport enemy combatants that are
29:35
Speaker 4: interfering with your wartime activity from another countries. So what
29:40
Speaker 4: the Trump administration has done is declared various domestic associations.
29:45
Speaker 4: I guess you would say, in this case, some trans
29:48
Speaker 4: something gang as terrorists or enemy combatants or something like that,
29:53
Speaker 4: and we have a war against them. So he's his
29:57
Speaker 4: administration is using this act to seize not a not
30:02
Speaker 4: American citizens. I haven't seen that yet, but there some
30:06
Speaker 4: of them are folks that are legally in the United States,
30:09
Speaker 4: they're not illegal aliens and picking them up and then
30:14
Speaker 4: deporting them.
30:15
Speaker 7: Uh.
30:16
Speaker 4: In this case, I think it was some of the
30:18
Speaker 4: folks that have been deported to this really draconian prison
30:22
Speaker 4: in El Salvador.
30:23
Speaker 2: Apparently this doesn't sound like real life.
30:27
Speaker 4: Well it doesn't. And but what happened was the judge
30:32
Speaker 4: that's of course been unfairly and yah personally attacked as
30:38
Speaker 4: a lunatic, and peachment articles have been our resolutions have
30:42
Speaker 4: been introduced in Congress. Of course, he also is the
30:43
Speaker 4: same judge that ruled in favor of the Trump administration
30:46
Speaker 4: many years ago. And that wasn't any problem. But we
30:49
Speaker 4: can talk about the impropriety of attacking judges personally or
30:54
Speaker 4: trying to impeach federal judges because you don't like their ruling.
30:57
Speaker 2: I mean, offering money to impeach them, Yes.
31:00
Speaker 4: Making maxim campaign contribution contributions to Congressman. If you'll uh
31:06
Speaker 4: introduce some legislation to try and impeach or remove a
31:09
Speaker 4: federal judge because you don't like his decision, that's dangerous.
31:12
Speaker 4: I mean, that's that oligart type aspect we have going
31:15
Speaker 4: on today. But but the lower court judge had said, hey, stop,
31:21
Speaker 4: this can't deport these folks. Let's just leave it at
31:24
Speaker 4: status quo if they get to al Salvador, who knows
31:28
Speaker 4: what our ability is to remedy a wrongful deportation. And
31:35
Speaker 4: that restraining order it wasn't it wasn't a decision on
31:38
Speaker 4: the ultimate merits of the of the case. But it was, hey, everybody, stop,
31:43
Speaker 4: let's maintain status quo until we decide this. So the
31:46
Speaker 4: Trump administration appealed that, and the Supreme Court ruled on
31:50
Speaker 4: that h appeal of that restraining order only on on Monday,
31:56
Speaker 4: and so then it's fine. But then we see all
32:01
Speaker 4: these really tweets or social media posts about how claiming
32:06
Speaker 4: victory for the Trump administration. They were right all along,
32:09
Speaker 4: and so I thought, you know, just let's just clarify
32:11
Speaker 4: abt what the Supreme Court did, because it's not really
32:15
Speaker 4: what happened. So that, of course, the lawyers representing it
32:20
Speaker 4: was basically a class action folks in the same situation
32:25
Speaker 4: of potential deportation, argued that they just they don't fall
32:31
Speaker 4: within the category of removable enemies under the statute the
32:35
Speaker 4: Trump administration is relying upon that was enacted in the
32:38
Speaker 4: late seventeen hundreds. The Court was very specific when it
32:45
Speaker 4: said it never reaches that issue in its decision, so
32:48
Speaker 4: it never says that this ruling is not an endorsement
32:54
Speaker 4: of the Trump administrations right under that act to to
32:58
Speaker 4: port these folks, you know, without any cause whatsoever. They
33:06
Speaker 4: never reached that decision. In fact, all they really decided
33:11
Speaker 4: was that the District of Columbia court, I think is
33:16
Speaker 4: the one that decided at the lower court was the
33:18
Speaker 4: improper venue. And you have to go through what's called
33:22
Speaker 4: a havevieas proceeding, which is Latin term that means free
33:26
Speaker 4: the body. So if you're unlawfully confined. You see it
33:30
Speaker 4: a lot in criminal cases. After it a direct appeal
33:33
Speaker 4: is lost, you can file a havieas corpus petition and
33:35
Speaker 4: attack your conviction. It's a civil case where you're attacking
33:40
Speaker 4: your Supreme Court said, well, that's the avenue to address these.
33:45
Speaker 4: Once you're seized I guess or subject to a deportation
33:48
Speaker 4: under this act, then you file a havieas petition and
33:54
Speaker 4: you argue why. At that point you can argue why
33:58
Speaker 4: you're not in the category of enemies meant to that
34:01
Speaker 4: act is meant to apply to. And they said that
34:06
Speaker 4: for those type petitions, because that's your remedy, the proper
34:09
Speaker 4: venue is the state or district where you are confined,
34:15
Speaker 4: and that wasn't the district of Columbia. So therefore they said,
34:19
Speaker 4: you know, in essence that judge didn't have jurisdiction. You
34:22
Speaker 4: can go back and file this case in Texas where
34:25
Speaker 4: a lot of them are a lot of folks are
34:27
Speaker 4: detained down there. So they, i'd say, their lawyers are
34:30
Speaker 4: already moving forward with that now. It did, I think
34:33
Speaker 4: contrary to at least what's been done. In fact, the
34:40
Speaker 4: court did note that when someone is detained under this Act,
34:47
Speaker 4: they're entitled to notice and they have to be given
34:52
Speaker 4: reasonable time to actually file and seek haybeas Really so
35:01
Speaker 4: right now, as we've read like people are getting picked
35:04
Speaker 4: up with no warrant, no nothing in writing saying why
35:08
Speaker 4: they're being picked up. And we've seen ICE agents pick
35:12
Speaker 4: people up and say, well, with this, we're getting picked
35:14
Speaker 4: up for this, and then well they realize that's not right,
35:17
Speaker 4: so then they just change their story. It looks like,
35:21
Speaker 4: you know, just making up reasons to pick people up
35:23
Speaker 4: when they have to explain it to them verbally. That's
35:25
Speaker 4: a pretext for the real reason. And you look, well,
35:30
Speaker 4: he's just supporting gang members, is that yeah? But I
35:32
Speaker 4: mean that's just what they say they are. Some of
35:35
Speaker 4: them are probably gang members, some of them are probably dangerous.
35:38
Speaker 4: But there's also stories of picking up other people that
35:40
Speaker 4: have been screened into this broad category because they have
35:43
Speaker 4: a crown tattoo for example, that might have absolutely nothing
35:47
Speaker 4: to do with gang activities. So that's but it it
35:52
Speaker 4: does invert to kind of what we think of in
35:55
Speaker 4: the constitution, where like, if you get arrested here or
35:59
Speaker 4: detained normally, you get and they've had to go through
36:02
Speaker 4: a magistrate or there's got to be some probable cause
36:04
Speaker 4: finding very quickly that the government has a right to
36:08
Speaker 4: restrict your freedom. Here they're inverting it and saying, well,
36:12
Speaker 4: the government can just pick you up. But then somehow
36:16
Speaker 4: there's got to be a notice process, is what the
36:18
Speaker 4: Supreme Court found, Like, here's why we're picking you up.
36:21
Speaker 4: You know in writings that way you can you know
36:24
Speaker 4: what you're appealing in the habeas proceedings. So we'll see
36:27
Speaker 4: how this all falls out. It'll be interesting, at least
36:30
Speaker 4: from a legal standpoint to see how it goes to
36:32
Speaker 4: the system at this point. But this was not for
36:35
Speaker 4: either side some grand victory. So when you see these
36:39
Speaker 4: see Trump was right. And then of course people want
36:41
Speaker 4: to believe what they read if it supports their mindset
36:45
Speaker 4: or their positions, so the people in door stuff. But
36:48
Speaker 4: that was it was not some great victory. Actually, I
36:52
Speaker 4: thought it was decent for the detainees because it doesn't
36:56
Speaker 4: give any roadmap exactly how to do it, but it
36:59
Speaker 4: certainly says there and to have a some due process
37:01
Speaker 4: of law.
37:02
Speaker 2: And that's an interesting point. I didn't think of it
37:03
Speaker 2: like that. That's a that's a great point great breakdown
37:05
Speaker 2: from Tom Payton from the Payton Law Firm. But if
37:07
Speaker 2: you need to put the power patent on your side
37:09
Speaker 2: this morning, you can do that anytime by calling the
37:11
Speaker 2: Peyton Law Firm seven five five fifty five fifty six
37:13
Speaker 2: three zero four seven five five fifty five fifty six
37:16
Speaker 2: located on First Avenue and Nitro, West Virginia, one line,
37:19
Speaker 2: Payton Lawfirm dot com, p E Y t O N.
37:22
Speaker 2: Peyton Lawfirm dot com. Tom, We'll see you back here.
37:24
Speaker 2: You are, Harvey back here next week? Will you will
37:26
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37:28
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37:30
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