Latest / WCHS Network Podcasts / 04/10/2025 Ask the Lawyer with Tom Peyton

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04/10/2025 Ask the Lawyer with Tom Peyton · WCHS Network Podcasts

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  Speaker 2: The views and opinions expressed on this program do not
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  Speaker 3: Put the power of Babe on the side. We have
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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,
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  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?
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  Speaker 2: Appreciate you coming in. Sharing expertise is always helping people.
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  Speaker 2: Put the power of Payton on their side. If you
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  Speaker 2: need to access the law, you have questions about, if
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  Speaker 2: you need any help in scenarios that the Peyton All
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  Speaker 2: Froom can help you out with. You can give this
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  Speaker 2: a call this morning three zero four, three four two
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  Speaker 2: eight one three one three zero four three four to
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  Speaker 2: eight one three one. You can text three zero four
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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.
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  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.
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  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
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  Speaker 2: to call in or get some advice and you want
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  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
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  Speaker 4: Law for of course, I'd like to get a little
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  Speaker 4: light politics here on the show and local current events,
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  Speaker 4: but primarily what we do, I guess our our I
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  Speaker 4: would say our bread and butter is civil litigation, So
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  Speaker 4: don't don't represent large corporations, don't represent big insurance comp
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  Speaker 4: but we kind of represent the everyday person and generally
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  Speaker 4: whatever they need. But most significantly if someone's been injured
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  Speaker 4: in some way, either financially or physically. Do an awful
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  Speaker 4: lot of automobile accident cases dealing with automobile insures, falls
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  Speaker 4: denied insurance claims do sobi security disability. We don't fairly
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  Speaker 4: selective on the ones we take. So you don't see
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  Speaker 4: a lot of advertising for US for social security disability claims,
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  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
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  Speaker 4: apply for social scarity disability, I mean you always hear
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  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.
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  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,
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  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
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  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
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  Speaker 4: credits in and I can't work anymore. A lot of
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  Speaker 4: people don't have private disability insurance policies which you can
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  Speaker 4: go buy from an agent, or a lot of folks
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  Speaker 4: have them connected to their work. They might have a
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  Speaker 4: disability fringe benefit. Those can be difficult too. But we
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  Speaker 4: instruct our clients to go ahead and file their application
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  Speaker 4: for Social security disability. And it's sometimes to say what
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  Speaker 4: they call protect to filing. So to qualify for SO
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  Speaker 4: security disability, you have to have a problem that's expected
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  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
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  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
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  Speaker 4: your application for so security disability. Now you as certain
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  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.
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  Speaker 4: I don't know how they're doing it in the current administration.
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  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
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  Speaker 4: application for you. I think at one point you could
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  Speaker 4: do the one line. Now I don't know what I know.
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  Speaker 4: They've had some restrictions with access and requirements that you
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  Speaker 4: go in person. Right now. In our neck of the woods,
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  Speaker 4: of course, we have a downtown Charleston so Security Office,
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  Speaker 4: and then in Saint Albans in the loop there on
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  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
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  Speaker 4: for folks who on a depth of computer or maybe
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  Speaker 4: can't get something done by phone, but you want to
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  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
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  Speaker 4: Security Administration so they can get the process started and
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  Speaker 4: absent really bad terminal type conditions, they're going to deny
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  Speaker 4: your application. I mean the thousands I've done, I've probably
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  Speaker 4: on one hand could count the number of applications that
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  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
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  Speaker 4: do it yourself. They're almost universally denied at the beginning.
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  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
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  Speaker 4: file your application, that's when you call our office and
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  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,
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  Speaker 4: but it takes time to get You have to go
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  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,
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  Speaker 4: if you're going to in most of these cases. But
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  Speaker 4: that process before the current administration started cutting jobs and
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  Speaker 4: resources to the SO Security Administration. I mean a quick
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  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
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  Speaker 4: that some kind of private or employer under disability insurance policy,
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  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
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  Speaker 4: year process while you're waiting for your claim to get
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  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
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  Speaker 4: months back, the judge may find yes, Tom was disabled
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  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
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  Speaker 4: for you. But you just basically calculate all your back
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  Speaker 4: months that you were owed benefits because you in fact
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  Speaker 4: were disabled two years prior to that, and then you
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  Speaker 4: get a backpay check to make up for it. But
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  Speaker 4: there's nothing really to fill that gap there. And so
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  Speaker 4: if you instinctally, and most of my clients have worked
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  Speaker 4: most of their life, they don't want to be on
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  Speaker 4: disability except their hand is forced to. So there's a
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  Speaker 4: lot of hesitation to file the application for disability because
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  Speaker 4: it's kind of you feel like you're conceding to disability.
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  Speaker 4: That's a hard that's a hard pill to swallow when
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  Speaker 4: you've worked most for all of your life. But you
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  Speaker 4: got to resist that urgent go ahead and file because
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  Speaker 4: you want to get your application in line, because the
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  Speaker 4: longer you wait, if you wait a year, year and
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  Speaker 4: a half, and I don't think I might be able
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  Speaker 4: to get back to work, I don't know. I don't
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  Speaker 4: want to cross that line and file for disability. That's
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  Speaker 4: a year and a half or two years. Now you're
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  Speaker 4: behind the ball and your claim doesn't go any faster.
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  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.
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  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
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  Speaker 4: five minutes giving information to so security administration. It doesn't
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  Speaker 4: cost anything. If you improve your conditioning and you don't
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  Speaker 4: need it, you just drop your drop your case. That's it.
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  Speaker 4: So there's there's really no You don't get penalized because
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  Speaker 4: you filed one and then it turns out you were
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  Speaker 4: able to go back to work. A lot of people
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  Speaker 4: also don't realize that so security disability benefits doesn't only
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  Speaker 4: apply to permanent disability. I mean, I've had clients who
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  Speaker 4: have been injured in automobile accidents and it's a long
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  Speaker 4: road to recovery, so it takes them three or four
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  Speaker 4: years to get back where they can go do full
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  Speaker 4: time work again. Well, you're your so security stops at
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  Speaker 4: that point if you're working making money, but you can
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  Speaker 4: still get your back pay that you were entitled to
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  Speaker 4: and a monthly benefit until you're able to go back
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  Speaker 4: to work. So there's really no from a legal standpoint
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  Speaker 4: and financial standpoint. You want to go ahead and file
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  Speaker 4: those applications early and get the process started and then
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  Speaker 4: I really we have folks call us quite a bit
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  Speaker 4: that have either already gone through a hearing or at
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  Speaker 4: the hearing stage either didn't have a lawyer, now they
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  Speaker 4: have a lawyer. It didn't like because they feel like
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  Speaker 4: they're part of a mill affirm It just turns out
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  Speaker 4: thousands of claims and don't get any particular attention. But
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  Speaker 4: once it gets to the hearing stage, it's real hard
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  Speaker 4: for us to go back and.
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  Speaker 2: Do the job.
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  Speaker 4: We don't we really take those cases because we haven't
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  Speaker 4: been the ones working them up from the beginning. But
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  Speaker 4: don't hesitate to I mean, we want you to call
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  Speaker 4: us and we.
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  Speaker 2: Review the case.
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  Speaker 4: If we think there's a reasonable chance of us winning
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  Speaker 4: your claim, for you will take the case. But there's
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  Speaker 4: no don't worry about coming up with money for your lawyer,
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  Speaker 4: for example, or is this lawyer's going to charge you
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  Speaker 4: body hour, because there's there's all of these cases are contingent,
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  Speaker 4: so the lawyer doesn't get paid unless they win. You
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  Speaker 4: win your disability claim, and then actually the Security Administration
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  Speaker 4: will take out the lawyer's fee and pay the lawyer.
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  Speaker 4: And the way that works is it's a percentage of
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  Speaker 4: your backpack capped at a certain amount, which is a fluxure.
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  Speaker 4: It depends. It's kind of a just sort of like
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  Speaker 4: cost of living adjustments, the maximum amount the lawyer can receive.
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  Speaker 4: But it's twenty five percent of back pay cap at
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  Speaker 4: a certain amount. And so you don't have to worry
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  Speaker 4: about if you lose your claim or you're gonna where
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  Speaker 4: you're gonna be stuck with a lawyer bill. Now, of course,
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  Speaker 4: if the lawyer does the work and you prevail, then
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  Speaker 4: part of your back pay goes to the attorney's office.
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  Speaker 4: Then you got to pay. The costs usually aren't too high,
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  Speaker 4: just gathering medical records usually a few hundred dollars, or
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  Speaker 4: you can pay out of your back pay, but it's
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  Speaker 4: it's uh, it's really important because you get folks there
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  Speaker 4: and that hearing is critical, so you got to know
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  Speaker 4: how to handle it. You got to make sure you
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  Speaker 4: have the information available to the judge because you generally
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  Speaker 4: get one shot at it and sometimes, I mean we've
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  Speaker 4: had cases where back pay is in the six figures
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  Speaker 4: and so you can imagine you lose that hearing, you
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  Speaker 4: don't get to go back and re argue it again.
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  Speaker 4: Unless you have something new come up physically or mentally
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  Speaker 4: that makes your condition more severe. You're stuck with that
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  Speaker 4: ruling and you can't very rarely can you go back
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  Speaker 4: and get that back pay that you've lost when that
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  Speaker 4: you lost your claim at the hearing level. So they're
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  Speaker 4: really important cases to our clients, and we treat them
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  Speaker 4: that way. So we don't talk about that a lot.
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  Speaker 4: We don't really advertise for that, but if you have
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  Speaker 4: a if you or a friend or family member need
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  Speaker 4: to seek so secarity, disability. We just ask you to
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  Speaker 4: keep us in mind because we tend to do a
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  Speaker 4: I think we do a really good job.
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  Speaker 2: We have a phone call. Someone caught in this morning
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  Speaker 2: has a question for Tom. Good morning, you're on the air.
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  Speaker 2: What's your first name? Hey, Randy, what's your question for Tom?
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  Speaker 5: I had them do a deed upon death from my house. Yeah,
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  Speaker 5: and I'm really really pleased with it. And I wonder
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  Speaker 5: what I could do with my cars just so when
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  Speaker 5: I when I passed, if my so my son doesn't
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  Speaker 5: have any problem getting them in his name and stuff.
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  Speaker 4: Yeah, So he's referencing a transfer on death deed, which
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  Speaker 4: I still call new, which shows my age. Legislature authorized
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  Speaker 4: those like ten years ago.
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  Speaker 2: It's still pretty new though, as far as law goes.
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  Speaker 4: Yes, as far as the law goes, that's certainly certainly new.
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  Speaker 4: And what that does it it's a kind of a
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  Speaker 4: unique deed where like Randy would sign the deed and
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  Speaker 4: his son would be named in the deed and it's recorded,
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  Speaker 4: but nothing changes. So Randy gets to all the benefits
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  Speaker 4: and burdens of ownership, meaning paying taxes and insurance and
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  Speaker 4: that kind of thing. But because it's already been recorded
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  Speaker 4: the moment Randy passes away, as long as that deed's
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  Speaker 4: still in place. Now Randy can change his mind, say
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  Speaker 4: Son A went bad or something, and now he wants
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  Speaker 4: to give it to Son B. He can go, he
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  Speaker 4: can call us, we can do a new transferring death
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  Speaker 4: deed and record it and it's nobody's else's business. He
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  Speaker 4: can do whatever he wants to do. It's public record
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  Speaker 4: when it's recorded, so somebody could find it. But the
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  Speaker 4: effect of that is when Randy passes away, there's no
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  Speaker 4: probate with that property, just instantaneous belongs to whoever he
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  Speaker 4: named as the beneficiary, beneficial owner and that deed. And
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  Speaker 4: there's a lot of different reasons to do it, particularly
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  Speaker 4: if it's your home place used to be. You'd see
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  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
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  Speaker 4: cub share deed where you try and give your child
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  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.
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  Speaker 4: Both of those mechanisms caused the original owner, the parent
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  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
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  Speaker 4: name off that deed because they have a vested interest
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  Speaker 4: in it, whether it's now or in the future. And
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  Speaker 4: so me being a parent, and you know, I wouldn't.
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  Speaker 4: I don't really want to give my kids interested in
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  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
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  Speaker 4: subject to your children's creditors if they end up having
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  Speaker 4: a problem, you know, And so this transferming death deed
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  Speaker 4: avoids all of that, while at the same time getting
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  Speaker 4: the property to whom you want non probate and having
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  Speaker 4: it go through not go through the probate process generally
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  Speaker 4: other than a mortgage, prevents it from being subject to
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  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.
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  Speaker 4: You can still qualify for financially for the welfare Medicaid
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  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
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  Speaker 4: value of care the government paid a nursing home, for example.
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  Speaker 4: But these deeds right now, because the property is instantaneously
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  Speaker 4: owned by whoever you've named in that deed. The moment
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  Speaker 4: you pass away, there's no property left with the government.
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  Speaker 4: I mean, there's a process through probate for the leans
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  Speaker 4: to be placed or some time laps after you pass away,
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  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
  Speaker 2: Payton Law Firm and Leitro West Virginia, Payton Law Firm
• 26:24
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• 26:32
  Speaker 2: right after this. You're listening to ask the Lawyer A
• 26:34
  Speaker 2: five eight WCHFS the Voice of Charleston.
• 26:36
  Speaker 6: I'm Doug Leach, founder and CEO of Ascension Recovery Services.
• 26:40
  Speaker 6: We've done a number of projects with Jarrett Construction. Any
• 26:43
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  Speaker 7: According to Feeding America, over seven million seniors nationwide where
• 27:10
  Speaker 7: food insecure in twenty twenty two. West Virginia is no different. Hi,
• 27:14
  Speaker 7: I'm Jason, President and CEO of Union Mission Ministries. For
• 27:18
  Speaker 7: one hundred and thirteen years, Union Mission has focused on
• 27:21
  Speaker 7: helping people in need. Right now, our senior citizens need
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  Speaker 7: our help. That is why Union Mission is partnering with
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  Speaker 7: those in need. Will you help us reach more seniors?
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• 27:37
  Speaker 2: Put the power.
• 27:38
  Speaker 3: Of people on the side. We have a courtroom experience.
• 27:44
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• 27:45
  Speaker 3: We never give up. We're prepared to fight for your rights.
• 27:51
  Speaker 3: When you need action, count on us. What the problem
• 27:58
  Speaker 3: of Paton?
• 28:04
  Speaker 2: You're listening to? Where you can put the power Peyton
• 28:06
  Speaker 2: on your side? This morning? Three es are four three,
• 28:07
  Speaker 2: four two eight one three one. Threes are A four
• 28:09
  Speaker 2: three four two eight one three one. Tom Payton is
• 28:11
  Speaker 2: in studio with us this morning, and you can give
• 28:14
  Speaker 2: us a call if you would like to do plenty
• 28:15
  Speaker 2: stuff a week and still talk about or if you
• 28:16
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• 28:18
  Speaker 2: four three four two eight one three one.
• 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
  Speaker 2: be here? Sounds great? That's the Payton Law Firm on
• 37:28
  Speaker 2: Ask the Lawyer. Have a great day everyone. Dave Allen
• 37:30
  Speaker 2: by Betty Live is up next, followed by talk Line.
• 37:32
  Speaker 2: I'll be back this afternoon at three oh six on
• 37:34
  Speaker 2: Hotline with Dave Weekly. Have a great day everyone, Fighting
• 37:40
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• 37:42
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• 37:47
  Speaker 2: We're proud to live here too,