Latest / Ask the Lawyer / 07/25/2024 Ask the Lawyer with Tom Peyton

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07/25/2024 Ask the Lawyer with Tom Peyton · Ask the Lawyer

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Speaker 4: And a very fasant Good morning everyone. You are listening
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Speaker 4: patent owning your side. This morning. There are four three
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Speaker 4: four five fifty to fifty eight three zer a four
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Speaker 4: three four five fifty eight fifty eight. We have a
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Speaker 4: disconnected headphone of their home.
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Speaker 5: I just got here.
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Speaker 4: Oh I'm sorry, I'll fix those in just a second.
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Speaker 4: That's all right, I got those fixed in just a second.
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Speaker 4: We've we've had some changes around in our studio and
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Speaker 4: we're moving equipment around, and I think sometimes they don't
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Speaker 4: get they don't get hooked back in. But you are
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Speaker 4: listening to ask the lawyer this morning. You can give
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Speaker 4: us a call this morning three zer a four three
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Speaker 4: four five fifty to fifty eight three zero four three
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Speaker 4: four five fifty eight fifty eight for the Peyton Law Firm.
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Speaker 4: Tom Payton is here this morning taking your calls about anything,
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Speaker 4: uh in the in the legal realm that you have
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Speaker 4: questions about in Nitro, West Virginia. I'll give you a
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Speaker 4: contact information about the Peyton Law Firm as we go
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Speaker 4: along here today. But Tom, good morning, how you doing
1:35
Speaker 4: this morning?
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Speaker 5: Doing great? Doing great? Smooth traffic this morning for my
1:39
Speaker 5: that's always nice, right, you know, real time traffic report
1:42
Speaker 5: coming Tay's aball Now that may have changed because I
1:44
Speaker 5: came a little bit early. But looking good so far,
1:47
Speaker 5: having a good summer. I guess dad was here last week.
1:49
Speaker 5: I was on vacation, so we uh, well you were
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Speaker 5: here two weeks ago. Yeah, yeah, too near to get
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Speaker 5: through this Ye got rear ended or backed into that morning.
1:56
Speaker 5: It's on the way in. But all's well. That claim
1:59
Speaker 5: is processing and we kind of talked about that claim process.
2:03
Speaker 5: Not necessarily the case that that a lawyer would you
2:05
Speaker 5: need a lawyer on, because it's a pretty minor property
2:07
Speaker 5: damaged case without any injury. And I've had probably three
2:13
Speaker 5: calls this week about propery damage issues. Now usually try
2:15
Speaker 5: and help people out over the phone, but it's it's
2:18
Speaker 5: a little frustrating because you know, you can't get a
2:20
Speaker 5: lawyer to handle a case where you have a few
2:23
Speaker 5: thousand dollars in propery damage, for example, because the lawyer, well,
2:26
Speaker 5: you can pay them by the hour to do it,
2:28
Speaker 5: but then you'll go in the hole because the insurance
2:30
Speaker 5: company for the other person ninety nine point nine percent
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Speaker 5: of the time does not pay your lawyer's fees and
2:35
Speaker 5: they're not obligated to. So if you pay a lawyer,
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Speaker 5: then you're not going to have enough money to get
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Speaker 5: your vehicle fixed. But interesting going through the claim process,
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Speaker 5: it's a pretty popular and you know Ensure auto insurer
2:46
Speaker 5: and now it's like, well, we can send an ajuster
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Speaker 5: out or you can take photos, like all right, I'll
2:51
Speaker 5: take some photos. Well that doesn't mean me just taking photos,
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Speaker 5: so it's they actually this probably delves into the AI
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Speaker 5: realm a little bit, but they send you a link
3:01
Speaker 5: and you click it, and then do you allow them
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Speaker 5: to have access to your cell phone or the app
3:08
Speaker 5: or whatever you're using there, and then it tells you
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Speaker 5: where to take the picture. Oh interesting, yeah, and then
3:14
Speaker 5: you can take some extras at the end and send
3:16
Speaker 5: them in. And then so I did that once I
3:18
Speaker 5: got back from vacation this week, and within about thirty minutes,
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Speaker 5: it spits out some estimate and I said, you get
3:28
Speaker 5: chat and that's it. Now, normally you don't sign a
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Speaker 5: release on those type of claims. So if I take
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Speaker 5: it to an actual body shop and the cost is more,
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Speaker 5: then I think they will just supplement what they've already
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Speaker 5: sent me and get it taken care of. But that's
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Speaker 5: you know, ten years ago that would have been unheard of.
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Speaker 5: You'd have to have an adjuster come in person take
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Speaker 5: a look at it, or get it to a body
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Speaker 5: shop and have them look at it, and then communicate
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Speaker 5: with the insurance carrier the cost of repair. So it's
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Speaker 5: an interesting exams sample of Now I think they're what
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Speaker 5: they what the computer system offered or is going to
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Speaker 5: pay is insufficient, so I'll be having to go back
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Speaker 5: and take it to the shop and see what the
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Speaker 5: actually Yeah, and unfortunately our vehicles is twenty seventeen, so
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Speaker 5: I will not be able to demand that they put
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Speaker 5: genuine parts on. They're going to want to use aftermarket parts,
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Speaker 5: which they I mean, I'm not a body person. They
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Speaker 5: after market parts generally look the same, they just aren't
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Speaker 5: the same quality necessarily, and usually you just have to
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Speaker 5: make a decision do you want to pay the difference
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Speaker 5: even though the damage wasn't your fault to get the
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Speaker 5: genuine parts on there versus after market parts is what
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Speaker 5: they're called. So not an interesting claim process, real quick,
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Speaker 5: real easy, all electronic. But you think about that and
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Speaker 5: and employment and jobs and things like that. So how
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Speaker 5: many insurance adjusters does that eliminate the need for I mean,
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Speaker 5: you get now you have a computer that just calculates units,
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Speaker 5: you know, costs for labor and materials based on some
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Speaker 5: photos you take on your cellular phone and send it in,
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Speaker 5: when in the past, every single one of those claims
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Speaker 5: would involve some in person human travel and interaction, and
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Speaker 5: so it's it's it's interesting how that's kind of playing
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Speaker 5: out now. I think an AI is artificial intelligence for
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Speaker 5: those who I'm having to learn it a bit. I
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Speaker 5: have learned that even the most advanced scientific minds don't
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Speaker 5: even completely understand artificial intelligence necessarily when it gets down.
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Speaker 5: But if you notice, if you use I think maybe
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Speaker 5: even Google, my Adobe, all my programs, Microsoft Word all
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Speaker 5: have this AI. So I really wish I could turn
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Speaker 5: it off, but they're pushing it so hard that you cannot,
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Speaker 5: and it is probably going to be something I'll have
5:59
Speaker 5: to learn learn later. And hey, you've got a call. Yeah,
6:02
Speaker 5: we did have a call. We have we have Robert
6:04
Speaker 5: this called in this morning. He has a question for
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Speaker 5: Tom Payton. Robert, good morning. How are you doing this morning?
6:09
Speaker 6: Good and how are you all? My question is regarding
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Speaker 6: probate of the states. I'm aware that there's a fee
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Speaker 6: that you have to pay the probate office that might
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Speaker 6: be up to three hundred dollars, and I'm aware of
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Speaker 6: the estate tax, but is there any other fees that
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Speaker 6: are imposed upon the value of the estate.
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Speaker 5: Okay, So okay, let me back up a little bit.
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Speaker 5: So when you got it depends on whether there's a
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Speaker 5: will or not, what type of.
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Speaker 6: Okay, there is a will?
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Speaker 5: Okay, so hopefully the will, like all of our wills,
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Speaker 5: at least if it's the one of the executors nominated
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Speaker 5: in the will is admitting the will to probate, then
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Speaker 5: generally bond is weighed, so you don't have to pay
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Speaker 5: for a bond. That's normally we have an insurance personnel'll
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Speaker 5: post it, and then that is based on the value
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Speaker 5: of the personal property in the estate. And there might
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Speaker 5: also I think maybe the initial fee, which is what
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Speaker 5: you're referencing, maybe based somewhat on the value of the
7:26
Speaker 5: personal property in the estate. Now that nobody knows that
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Speaker 5: for sure when you first go to admit the will
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Speaker 5: to probate. So sometimes when you file your appraisement later
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Speaker 5: and it discloses additional value of personal property, they'll come
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Speaker 5: back and say, hey, you got to pay a higher
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Speaker 5: bond primum, or hey you got to pay an additional
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Speaker 5: fee because we based it on what you told us
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Speaker 5: in good faith was the value of the personal proper.
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Speaker 5: But those are not ownerous fees. Usually you're right, probably
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Speaker 5: maybe three hundred bucks will be about the most. Now
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Speaker 5: there is no longer a state tax in West Virginia,
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Speaker 5: so you won't have to worry about that. There is
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Speaker 5: a federal estate tax, and that's a that's I don't Unfortunately,
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Speaker 5: for my clients, I probably haven't done in a state
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Speaker 5: tax return on the federal level in ten years because
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Speaker 5: they've raised the exemption amount in essence to like thirteen
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Speaker 5: million dollars and some change. So unless the estate has
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Speaker 5: assets in it above that amount, you don't pay any
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Speaker 5: federal estate tax. So unfortunately, my clients haven't been in
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Speaker 5: that situation. And frankly, if I got one of those now,
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Speaker 5: I would consult with another lawyer that does that type
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Speaker 5: of complicated estate tax work, or an accountant and work
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Speaker 5: with my client with them as well. But beyond that,
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Speaker 5: there's some filing fees because you when you file your
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Speaker 5: appraisement and it's got to be published in the paper,
8:50
Speaker 5: you pay a little filing fee, but again you're talking
8:52
Speaker 5: about fairly nominal amounts, probably fifty dollars combined, and then
8:57
Speaker 5: at the end there might be a little fee too
8:58
Speaker 5: when you file your closing documents. But other than that,
9:01
Speaker 5: there really aren't any costs that I can think of
9:04
Speaker 5: off the top of my head that you would have
9:07
Speaker 5: to pay to the government, the clerk, for example. So
9:11
Speaker 5: it's it's really and and you know, I always we
9:15
Speaker 5: talk about trust sometimes and trust to avoid probate. Frankly,
9:19
Speaker 5: in West Virginia, probate is quite simple compared to other states.
9:24
Speaker 5: And so like you go to Ohio, Florida. I've had
9:30
Speaker 5: a states where somebody owned a lot with a house
9:32
Speaker 5: trailer on it in Florida because they would snowbird down there. Well,
9:36
Speaker 5: you got to get a lawyer then to go do
9:37
Speaker 5: there and do what's called an ancillary administration even though
9:40
Speaker 5: they lived up here, to address the real estate down there,
9:43
Speaker 5: and those attorneys. I'm not criticizing the attorneys, but the
9:46
Speaker 5: process down there is judicial, so you can't really do
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Speaker 5: anything with the property without a probate court authorizing it.
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Speaker 5: And it's much more complicated. And so I'll have I've
9:57
Speaker 5: had multiple cases where we're paying more in lawyer's fees
10:02
Speaker 5: to handle a little lot a house trailer down there
10:04
Speaker 5: than they're having doing curve for lawyer's fees up here
10:07
Speaker 5: to do the entire estate. So but point being is,
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Speaker 5: I would not do any trust work or necessarily just
10:15
Speaker 5: to avoid quote probate in West Virginia. And you hear
10:18
Speaker 5: some of that because it's really not that complicated. Now,
10:21
Speaker 5: I can say that because I've administered thousands of estates
10:24
Speaker 5: for folks here and we have a pretty reasonable fee.
10:29
Speaker 5: We charge just a flat fee if it stays a
10:30
Speaker 5: simple a state and we don't get into litigation or
10:33
Speaker 5: any complicated matters with creditors and things like that. So yeah,
10:38
Speaker 5: I'll know if that does that.
10:38
Speaker 6: Help you out, Yes, it does. I'm familiar with probating property.
10:44
Speaker 6: I've done a couple. But I'm having some people tell
10:49
Speaker 6: me that there will be a fee assessed against based
10:54
Speaker 6: on the value of the estate, and I was just
10:56
Speaker 6: trying to to Yeah, got sure, that was not true.
11:01
Speaker 5: Okay, so that's that's well. And there may be a
11:04
Speaker 5: little miscommunication there too, because we're talking about fees paid
11:07
Speaker 5: to the government for example, or a or a insurance
11:10
Speaker 5: person that posts a bond for you. But now executor
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Speaker 5: fee that is calculated based upon the value of different
11:19
Speaker 5: assets in the estate. It's a percent, as it used
11:21
Speaker 5: to be just kind of at least in practice, maybe
11:24
Speaker 5: it was in code just five percent, but now they
11:26
Speaker 5: modified that probably ten fifteen years ago, so now it's
11:30
Speaker 5: a it's a marginal type rate. So like personal assets,
11:35
Speaker 5: for example, the first one hundred thousand dollars, the executor
11:37
Speaker 5: fee would be five percent, but then it goes to
11:40
Speaker 5: four percent for value between one hundred thousand and I
11:44
Speaker 5: think it's three or four hundred thousand, then three percent,
11:48
Speaker 5: two percent, one percent, until you get to a million
11:50
Speaker 5: and above and it's just one percent. But then you
11:52
Speaker 5: have a separate section regarding the value of real estate
11:55
Speaker 5: depends on whether it's sold during the probate process or
11:58
Speaker 5: it's just passed to the errors, and if it's sold,
12:01
Speaker 5: you get to get a higher percentage. If it's just
12:03
Speaker 5: passed through titles passed through the will without a requirement
12:06
Speaker 5: of sale, then it's one percent. Then you have another
12:10
Speaker 5: provision about what even getting a fee for the non
12:14
Speaker 5: probate assets, the assets that don't go by the will,
12:16
Speaker 5: but you have to list on a separate form and
12:19
Speaker 5: they're depending on how that's passed jointly with survivorship or
12:26
Speaker 5: a named beneficiary like a life insurance policy. The executor
12:29
Speaker 5: can get a percentage of those assets as well. So
12:33
Speaker 5: if that's what you were referencing, yeah, then that's another thing.
12:36
Speaker 5: But that's like if you're the executor, then you get
12:39
Speaker 5: the fee. You're not you just deduct it before you
12:42
Speaker 5: off the top as well as from the other embursement
12:44
Speaker 5: for necessary expenses and then make the final distributions.
12:48
Speaker 6: Well, I was aware of that and that wasn't the issue.
12:52
Speaker 6: So okay, you've answered my question. I appreciate it very much.
12:57
Speaker 5: No problem, Thanks for the call.
12:58
Speaker 4: Appreciate the call, Robert. That leaves a phone line open
13:00
Speaker 4: for you at three zero four three four five fifteen
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Speaker 4: fifty eight three four five fifteen fifty eight. You can
13:03
Speaker 4: text over questions as well if you'd like too. Three
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Speaker 4: zero four non three five five zero zero eight three
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Speaker 4: zero four nine three five five zero zero eight. Peyton
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Speaker 4: Law from one line, Peyton Law from dot com p
13:11
Speaker 4: e y t o Inn Peyton Law from dot com
13:13
Speaker 4: twenty eighth one First Avenue in Nitro, Westernginia. More information
13:16
Speaker 4: as we go along there. Since we're touching on on
13:19
Speaker 4: estates and trust a little bit, I had a couple
13:20
Speaker 4: of questions that I that I had come across on
13:24
Speaker 4: that regard. First thing is potential for fraud when you're
13:29
Speaker 4: dealing with an estate or someone probate. My mom's really
13:32
Speaker 4: worried about this right now. Her sister passed away around Christmas, time,
13:36
Speaker 4: and she ended up having quite a not complicated because
13:40
Speaker 4: her her estate was managed well, but it was expansive.
13:44
Speaker 4: She was eighty two years old. Her husband was a
13:47
Speaker 4: prominent heart doctor in the area thirty years ago when
13:49
Speaker 4: he passed away, and he apparently had just collected all
13:53
Speaker 4: of this. Of course it was hers and she just
13:55
Speaker 4: managed it over you know, thirty years or whatever. And
13:58
Speaker 4: so we're finding out there's just you know, property and
14:00
Speaker 4: the Bahamas in Canada and like just all these different
14:02
Speaker 4: places and stuff, and a lot of it was unknown
14:05
Speaker 4: to us. The problem that we're getting now is what
14:07
Speaker 4: I'm concerned.
14:08
Speaker 5: That's a good thing to find out about.
14:09
Speaker 4: Well, it is, it is. But on the flip side
14:11
Speaker 4: of that, my mom's eighty two. She does not or
14:14
Speaker 4: I'm sorry, my mom's seventy two. She does not love
14:16
Speaker 4: technology and stuff like that. So all these a lot
14:18
Speaker 4: of the law firms and different things like that wanted
14:20
Speaker 4: to do like video calls and like hold up her
14:22
Speaker 4: ID in front of her to do video. She she's
14:24
Speaker 4: like basically making them come up with analog ways to
14:27
Speaker 4: do this. She's like driving to places to prove her
14:29
Speaker 4: identity and different things along those lines. The thing that
14:31
Speaker 4: I'm concerned about because I got a call yesterday. It
14:34
Speaker 4: was from somebody that said, hey, I'm from Prudential. You're
14:36
Speaker 4: named as a beneficiary on a life insurance policy, YadA YadA.
14:40
Speaker 4: I'm like, well, my mom's the executor, although maybe life
14:43
Speaker 4: insurance is separate from that. But maybe really concerned about fraud, Like,
14:46
Speaker 4: what can you do to protect yourselves because some of
14:48
Speaker 4: the stuff's public record. You know, it's easy for some
14:50
Speaker 4: people out there to get just enough information to seem legitimate.
14:54
Speaker 5: Yeah, you've got to be careful. I'd be careful about
14:57
Speaker 5: code calls and emails and you know, ask them to
15:03
Speaker 5: send you documents by mail if you have that concern
15:06
Speaker 5: or facsimile you can still facts things. Now oftentimes ours
15:09
Speaker 5: doesn't actually print out of facts anything. Yes, our fax
15:13
Speaker 5: machine at the office, for example, if you fact something
15:15
Speaker 5: from what'sing a radio corporation to Peyton Law Firm, it
15:19
Speaker 5: just shoots to all of our everybody in the office
15:22
Speaker 5: gets it. We can tell it's a fax, but it
15:25
Speaker 5: comes out as a PDF attachment to our emails, which
15:27
Speaker 5: is great, but it's it is very if you see
15:33
Speaker 5: something that tells you to open an attachment and you
15:36
Speaker 5: don't recognize this sender, you don't recognize the transaction they're
15:42
Speaker 5: talking about. Do not open it, Google that person that
15:47
Speaker 5: supposed to send it to you, and then call there
15:49
Speaker 5: and see. I mean, I've happens frequently in our office,
15:52
Speaker 5: and I'm a pretty good detective on it, and even
15:55
Speaker 5: for me, because I've had a lot of older clients
15:57
Speaker 5: that you know, don't have the ability to detect that
16:01
Speaker 5: type thing, and unfortunately they end up sending money and
16:05
Speaker 5: all this weird stuff that people are asking them to
16:07
Speaker 5: do so then they can get extra money. Or I've
16:10
Speaker 5: had I've had folks get emails from relatives like grandkids,
16:17
Speaker 5: I'm in jail, can you follow me out? Don't tell
16:21
Speaker 5: dad or mom because I don't want them to know,
16:23
Speaker 5: And of course grandparents like okay, and then they wire
16:26
Speaker 5: them one thousand dollars or more and you'll never get
16:29
Speaker 5: it back. And the unfortunate thing is that a lot
16:31
Speaker 5: of that is international and it's very well hidden, so
16:33
Speaker 5: they're rarely prosecuted. When you make one call that.
16:38
Speaker 4: Happened in front of me once of me, I knew
16:40
Speaker 4: about the fraud. We'd actually done a show with the
16:42
Speaker 4: Attorney General just before that, and he was talking about it,
16:45
Speaker 4: and the person at Western Union or whatever is not
16:47
Speaker 4: allowed to say anything. They're not allowed to apparently, they're
16:49
Speaker 4: not allowed to be like are you sure this is
16:51
Speaker 4: real or whatever? So I was like trying to talk
16:52
Speaker 4: to the lady. I'm like, did you talk to you?
16:53
Speaker 4: You know, it's wasn't really my business, but I was
16:55
Speaker 4: trying to She went ahead and yeah.
16:57
Speaker 5: I'd detected on the phone. Sometimes they've tried it with me,
16:59
Speaker 5: and of course I ask the right questions and then
17:01
Speaker 5: they they'll usually get hostile with you because that's some
17:04
Speaker 5: of their modus OPERANDIM kind of act like you're the
17:08
Speaker 5: one it's being crazy and unreasonable, and that flies with
17:11
Speaker 5: some people I know better, so it doesn't. But and
17:13
Speaker 5: the problem is, like a law firm like ours, we
17:15
Speaker 5: really can't help with that because you know, it's not
17:19
Speaker 5: probably going to be a mount and we don't have
17:22
Speaker 5: the investigative resources to go find somebody in Nigeria or
17:24
Speaker 5: Canada that should be reported to the Attorney General's office
17:27
Speaker 5: and as they bank those like hopefully if we have
17:31
Speaker 5: an active Attorney General's office, you know, if you get
17:34
Speaker 5: serial problems and they can kind of tell who it's from.
17:36
Speaker 5: They'll take some action and the FEDSI will too if
17:40
Speaker 5: they can figure it out. But otherwise it's not really
17:43
Speaker 5: something you could call our office. And now I've had
17:45
Speaker 5: people call what's the one with Ed mcmahony used to
17:49
Speaker 5: come to the door.
17:49
Speaker 4: Publisher's clearing Yes.
17:51
Speaker 5: There are some. I've had people call me at least
17:55
Speaker 5: two people in the last five years convinced they'd want
17:59
Speaker 5: publishers clearing homes and unfortunately, and they were excited, and
18:06
Speaker 5: you know, I hated to do it, but you know
18:08
Speaker 5: that a little research for him, just for free to
18:10
Speaker 5: see what's going on. And Publisher's Clearinghouse literally will not
18:13
Speaker 5: call you ahead of time. They will come to your door. Still,
18:17
Speaker 5: it's still the whole, the whole thing where they years ago.
18:20
Speaker 5: But I didn't know honestly because I remember the old
18:23
Speaker 5: commercials from twenty some years ago. But be careful. They
18:27
Speaker 5: so we determined yet I mean it really looked legit.
18:31
Speaker 5: But they have a whole fraud page on their website
18:35
Speaker 5: and it's like, we will not call you ahead.
18:37
Speaker 4: Of time, like r we won't call you.
18:40
Speaker 5: That's right, that's right. So they're gonna they're gonna come
18:42
Speaker 5: to your door with the surprise with the big fake
18:45
Speaker 5: check and all that stuff. So, uh, that's one you
18:48
Speaker 5: can basically ignore unless you have somebody show up at
18:51
Speaker 5: surprise at your door with a check. And it's publisher's clearinghouse. Also,
18:54
Speaker 5: if you haven't sent anything, I mean, you don't randomly
18:57
Speaker 5: win publisher's clearing house. You have have to purchase magazines
19:00
Speaker 5: or something, so you have to have done something to
19:03
Speaker 5: get in their pool. You don't just win. So I mean,
19:06
Speaker 5: you can go on and on with this. Unfortunately, it's
19:08
Speaker 5: it's it's bad now. And when you get into Westvirginia.
19:13
Speaker 5: A couple of things on the states too. For first,
19:16
Speaker 5: and I get I've already had two emails this week.
19:18
Speaker 5: I think, you know I probated the estate, but I
19:21
Speaker 5: need to get the deed in my name. But ordinarily
19:24
Speaker 5: you don't have to do a deed, the will or
19:27
Speaker 5: the probate documents even if there was no will, If
19:30
Speaker 5: the estate's probated properly, it's in your name when the
19:34
Speaker 5: estate's processed because it passed to you by will or
19:38
Speaker 5: by intestate succession. The law in West Virginia if there
19:42
Speaker 5: isn't a will, and you just need to if you're
19:44
Speaker 5: worried about getting like the tax ticket in your name,
19:46
Speaker 5: you just got to go over the assessor or the
19:48
Speaker 5: sheriff's office service. And you know, in Kinnall County, you
19:50
Speaker 5: just walk across the hallway and your the will and
19:53
Speaker 5: the other title documents from the estate are right there
19:55
Speaker 5: recorded publicly where deeds are, so you just have to
19:57
Speaker 5: tell them change it over. And then sometimes people in
20:00
Speaker 5: the courrels aren't lawyers, and sometimes they think you do
20:02
Speaker 5: have to get a deed, and I have to kind
20:04
Speaker 5: of steer the person in the right direction when they
20:06
Speaker 5: call and ask for a deed. So that's that's one thing.
20:09
Speaker 5: But in West Virginia we do get a lot of
20:12
Speaker 5: I mean, once if you hire me to handle a
20:14
Speaker 5: state and a state, my position is that you've hired me.
20:18
Speaker 5: So if you have airs that are disgruntled or have issues,
20:20
Speaker 5: destruct them to me and I'll tell them what we're doing,
20:23
Speaker 5: and we're going to do it the right way, and
20:24
Speaker 5: we're going to do it the legal way. And then
20:26
Speaker 5: you know, if they don't trust that, then they can
20:29
Speaker 5: go hire their own lawyer. But in a way, unlike
20:32
Speaker 5: Florida and some of these other places, I guess maybe
20:35
Speaker 5: the downside of it being simple here is that it's
20:37
Speaker 5: basically non judicial. So if you're concerned about what an
20:42
Speaker 5: executor's doing and you're a beneficiary, they don't have a
20:47
Speaker 5: real duty to necessarily keep you updated. I do if
20:50
Speaker 5: somebody asks, because silence breeds contempt and then you get
20:55
Speaker 5: paranoia and you get conspiracy theories, and if you're doing
20:57
Speaker 5: things the right way, there's really not any reason to
20:59
Speaker 5: give basic information to some of the errors as far as,
21:02
Speaker 5: for example, timing and what about this expense or that
21:05
Speaker 5: and and that kind of thing. But the only way
21:09
Speaker 5: to really if you get an executor, if there's a
21:12
Speaker 5: lack of communication and there's concern, you just have to wait.
21:15
Speaker 5: And then they file an appraisement that lists all the assets,
21:18
Speaker 5: and that's what you as a potential beneficiary and potential
21:21
Speaker 5: creditors can look at and see, is there anything to
21:25
Speaker 5: get here to pay off my debt or what will
21:28
Speaker 5: I inherit? And you can that's public record, and you
21:30
Speaker 5: can object to it if you think there's property that
21:33
Speaker 5: wasn't listed there. But and they generally I think they
21:36
Speaker 5: have ninety days is the deadline, maybe sixty days to
21:38
Speaker 5: file that once they get appointed, so you kind of
21:41
Speaker 5: watch that and you just have to monitor it. And
21:45
Speaker 5: they're published, you know, when that's filed. There are things
21:47
Speaker 5: publishing the paper in the legal ad section, but you know,
21:50
Speaker 5: most people don't read that, so you just kind of
21:52
Speaker 5: have to. You can check at the courthouse. It's public record.
21:55
Speaker 5: Most of the courthouses across the state. That's even online
21:59
Speaker 5: for free. You can go. You can print it for free,
22:01
Speaker 5: but canall county's running little behind. Of course, they have
22:04
Speaker 5: a massive you know to go in and scan everything
22:07
Speaker 5: in that record room in and get it in. I
22:11
Speaker 5: don't know whether they're working on it or not, but
22:12
Speaker 5: every other county pretty much. You can go online now
22:14
Speaker 5: and see. That's one other thing i'd say, going back
22:18
Speaker 5: to fraud, when I do durable power of attorneys, those
22:22
Speaker 5: are the financial ones. Those can be recorded. Where deeds
22:25
Speaker 5: are recorded, that's fine. They don't have to be unless
22:29
Speaker 5: someone is needing to use that power of attorney to
22:31
Speaker 5: handle a real estate transaction or your behalf, then it's
22:34
Speaker 5: got to be recorded at that time, so everybody knows
22:37
Speaker 5: this person isn't the owner, but they're signing the deed.
22:40
Speaker 5: For example, Well you've got to have the power of
22:41
Speaker 5: attorney attached to show that they have the right to
22:44
Speaker 5: sign the deed on behalf of the other person. But
22:46
Speaker 5: you don't need to record it till then. I regularly
22:48
Speaker 5: counsel my clients, and I don't make extra copies for them,
22:52
Speaker 5: because I don't think it's good to have them floating around.
22:55
Speaker 5: As long as the person you've nominated knows where it is,
22:57
Speaker 5: they can get it. If you have a stroke or
22:59
Speaker 5: become capacitated, or you just want them to use it
23:01
Speaker 5: as a matter of convenience, they can get it at
23:03
Speaker 5: that time and make copies as necessary if a bank
23:06
Speaker 5: needs it or something. Because once you record that in
23:09
Speaker 5: the record room, it's public record, just like deeds are.
23:13
Speaker 5: So for example, if I if you go and you
23:15
Speaker 5: appoint me as your durable power of attorney, and then
23:18
Speaker 5: you go and record it in Putnam County tomorrow, well
23:20
Speaker 5: by Monday, I can get on the internet and see
23:23
Speaker 5: it right there. I can pay probably thirty cents and
23:28
Speaker 5: get the water mark off of it and print it off.
23:31
Speaker 5: And just AI's advanced stuff that we don't understand, but
23:36
Speaker 5: the ability to redact things and then type right back
23:41
Speaker 5: into them exactly the same typeface, even with if it's
23:45
Speaker 5: a little faded or something. I mean, my program will
23:48
Speaker 5: allow me to type and make it. Unless you can
23:51
Speaker 5: get metadata, which is the kind of formulas behind it
23:54
Speaker 5: which normal people don't ever see. I could change, you know,
24:00
Speaker 5: the person appointed from me to some other person that
24:04
Speaker 5: wants to use it to defraud you. So that's something
24:07
Speaker 5: that's I've changed as far as my practice at the
24:10
Speaker 5: office over the last ten years or so, it's just
24:12
Speaker 5: don't record them until it's necessary. Don't get it out
24:15
Speaker 5: there in the public unless it's necessary, because in this
24:18
Speaker 5: day and age with computers, you can just change things.
24:20
Speaker 5: We had one we had one years ago where we
24:24
Speaker 5: had a state trooper come to our office and my
24:26
Speaker 5: longtime bookkeeper had supposed to notarized some deed and I
24:33
Speaker 5: guess the person who really owned it was like, what
24:36
Speaker 5: is this And come to find out they'd somehow, sup
24:40
Speaker 5: you know, taken the deed weed drafted which is public record,
24:43
Speaker 5: and then superimposed my paralegals notary stamp on it and
24:49
Speaker 5: changed the names and then claim they owned the property
24:51
Speaker 5: and got to record it. Now you can only record originals,
24:53
Speaker 5: so they somehow got it to pass muster as if
24:57
Speaker 5: it was an original, but we had never we didn't
25:00
Speaker 5: do that work. I think it even said it took
25:02
Speaker 5: off the end where it said prepared by Tom Payton.
25:04
Speaker 5: But uh but it was mix. Well, Uh they'd signed
25:08
Speaker 5: my staff's name and use their notary stamp somehow crazy. Yeah,
25:12
Speaker 5: it is so Uh, it's.
25:14
Speaker 4: About how that stuff has changed because frauds like that
25:16
Speaker 4: have always like I don't know if this actually ever happened,
25:18
Speaker 4: but the the the thing where you you you have
25:22
Speaker 4: a check made out to like or win r Scheister
25:23
Speaker 4: or whatever you know, or you know, the I R
25:25
Speaker 4: s they were, or you make it out to the
25:27
Speaker 4: I R s and you can fill in you know
25:28
Speaker 4: or when R Scheister or whatever, uh, the old wrestler name.
25:31
Speaker 4: But that the concept of that fraud still it is
25:33
Speaker 4: this today. You know, that's exactly what you were just
25:34
Speaker 4: talking about, finding the document and then manipulating that to
25:37
Speaker 4: make it reflect something else. And it's just so much
25:39
Speaker 4: easier now.
25:39
Speaker 5: It's it's so much easier. And the problem is, and
25:42
Speaker 5: it's not a criticism of people's ages like it just
25:45
Speaker 5: this generationally a way like I have, like my parents
25:49
Speaker 5: have trouble getting you know, understanding certain types of computer things.
25:53
Speaker 5: And then I'm having the same problem because I don't
25:55
Speaker 5: do Apple stuff, and you know, Apple computer things insider.
26:00
Speaker 5: I'll get into things where I can't figure them out,
26:02
Speaker 5: and my kids think it's ridiculous. Oh, here's how you
26:05
Speaker 5: do it, you know. And I guess that's kind of
26:07
Speaker 5: been the same way I've been with you know, I
26:08
Speaker 5: can figure out almost anything on Microsoft, because I've grown
26:12
Speaker 5: up with Microsoft programs. I didn't have an Apple phone
26:15
Speaker 5: growing up, and Apple computer and all this other stuff
26:19
Speaker 5: Internet even, you know, And so I have a learning
26:23
Speaker 5: curve there. Yeah, And I hear it. At a certain point,
26:25
Speaker 5: you don't want to be learning that stuff anymore. You're
26:28
Speaker 5: tired of it.
26:29
Speaker 4: That's the absolute truth. Sometimes you just lose the fastball
26:32
Speaker 4: a little bit list of this is go ahead and
26:33
Speaker 4: take our break. We'll come back. We still have plenty
26:35
Speaker 4: that we can talk about. If you want to control
26:36
Speaker 4: the conversation, you can get in three zero four three
26:38
Speaker 4: four five fifty eight fifty eight three zero four, three
26:40
Speaker 4: four five fifty eight fifty eight to on Payton is
26:42
Speaker 4: here from the Patent Law firm. Payton Law Firm. You
26:43
Speaker 4: can find out more information online Payton Lawfirm dot com.
26:45
Speaker 4: That's p E y t O in Peyton Lawfirm dot Com,
26:48
Speaker 4: located twenty eight oh one First Avenue in Nitro, West Virginia.
26:51
Speaker 4: Their phone number three zero four seven five five fifty
26:53
Speaker 4: five fifty six. That's three zero four seven five five
26:55
Speaker 4: fifty five fifty six. We'll take a break and be
26:58
Speaker 4: back right after this. You're listening to Ask the Lawyer
27:00
Speaker 4: with Tom Payton from the Payton Law Firm on five
27:02
Speaker 4: adwchs the voice of Charleston.
27:04
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Speaker 7: For more information, go to Paydentlawfirm dot com.
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Speaker 3: Put the Power of Payton on the side. We have
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Speaker 3: count on us. Put the power of Peyton on your side,
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Speaker 3: the power of Baby.
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Speaker 4: You are listening to the power of Peyton, you can
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Speaker 4: put it on your side this morning and contact Tom
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Speaker 4: Payton from the Peyton Law Firm. Three zerre a four
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Speaker 4: three four five fifty eight fifty eight three zero four
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Speaker 4: three four five fifty eight fifty eight. You can text
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Speaker 4: three zero four non three five five zero zero eight.
28:43
Speaker 4: Have a few minutes left in the program this morning.
28:45
Speaker 4: You can still get in your questions or comments if
28:46
Speaker 4: you want to get in here this morning, but you
28:48
Speaker 4: do want to give a little bit of an update
28:49
Speaker 4: because it was a story yesterday with story this morning
28:53
Speaker 4: the baby dog.
28:53
Speaker 5: Yeah, you know, kind of things. Of course we do.
28:57
Speaker 5: We try to help people, and so you know, I
28:59
Speaker 5: like that the information about the estate earlier. I've done
29:02
Speaker 5: a lot of estates because that's just something people need
29:04
Speaker 5: help with and they need to find they don't need
29:07
Speaker 5: to go to the Ivory Tower and spend ten thousand
29:08
Speaker 5: dollars necessarily, and so we try and do that efficiently
29:13
Speaker 5: for folks so they get it done right. But you know,
29:16
Speaker 5: our bread and butter is civil litigation. We're trialogers. We
29:18
Speaker 5: like to try cases. We like to go in front
29:20
Speaker 5: of juries normal people, which we think we're pretty normal people,
29:23
Speaker 5: and so we tend to do well in front of
29:27
Speaker 5: jury's and that's mostly people that have been harmed or
29:30
Speaker 5: injured in some way, either physically or financially. A lot
29:32
Speaker 5: of automobile accident cases just because there's a lot of
29:35
Speaker 5: automobile accidents out there, but there's you know, arguments with
29:38
Speaker 5: your insurance company things like that. But we also have
29:41
Speaker 5: gotten involved, and it's not because you make money on it,
29:46
Speaker 5: but we do some public interest type things and it's
29:50
Speaker 5: all driven by the client, you know, what they want
29:51
Speaker 5: to do. And so I haven't had a whole lot
29:54
Speaker 5: involved in this because I was on vacation first of
29:56
Speaker 5: all last week, and then I'm carrying the load on
29:59
Speaker 5: some other map. But we do have this case regarding
30:03
Speaker 5: the baby dog English bulldog being painted I guess to
30:09
Speaker 5: a mural on the State Capitol building, and it really
30:15
Speaker 5: baby dog is almost just a side issue for what
30:18
Speaker 5: our issue is, which is apparently there were some public
30:21
Speaker 5: meetings on this thirteen years ago, and then it was
30:25
Speaker 5: nick the murals were next at that point, and then
30:28
Speaker 5: when the plans I guess maybe Governor Justice allocated some
30:32
Speaker 5: funds for it or something. I don't know how that
30:34
Speaker 5: went from a budgetary standpoint, but they came up with
30:36
Speaker 5: some funds to do it, and then lo and behold,
30:38
Speaker 5: when the mural comes out, it's got what all accounts
30:43
Speaker 5: I believe, is an English bulldog that is supposed to
30:47
Speaker 5: be baby dog in essence painted into a permanent mural
30:52
Speaker 5: on the Capitol buildings. Well, where was that meeting about
30:55
Speaker 5: that change or that being put in there at all?
30:57
Speaker 5: And I guess there was some kind of secret gathering
31:01
Speaker 5: or non public gathering where some a group of folks
31:05
Speaker 5: I think from the executive staff made the decision to
31:08
Speaker 5: put that on there. I don't know much about those
31:10
Speaker 5: details right now, but we have a couple of clients
31:12
Speaker 5: right now that are concerned about the process and the
31:16
Speaker 5: fact that it wasn't open and and and so it's
31:19
Speaker 5: it's it's getting media attention because it involves baby dog
31:23
Speaker 5: and everybody loves How can you not love baby dog.
31:26
Speaker 4: Right right at least of it?
31:28
Speaker 5: Yeah, a little chubby English bulldog. I mean, he's gonna
31:31
Speaker 5: you know, you can't criticize that, and we certainly wouldn't.
31:35
Speaker 5: But it's about you know, sometimes you file cases because
31:40
Speaker 5: you've got government overreach or or misbehavior and and this
31:44
Speaker 5: will be driven by our client, But there's been no
31:46
Speaker 5: lawsuit filed anytime you see the state now probably for
31:48
Speaker 5: the last fifteen years. Depending on the type of case,
31:51
Speaker 5: you have to give what's called pre suit notice, and
31:52
Speaker 5: you've got to tell them the nature of the claim
31:54
Speaker 5: and what you intend to file. You don't ever have
31:57
Speaker 5: to file after that. If things get worked out, it
32:00
Speaker 5: just doesn't get anywhere. So we've we've sent presuit notices
32:05
Speaker 5: and that's what we've done, and we're monitoring it. And
32:07
Speaker 5: there's been no real feedback from the government other than
32:09
Speaker 5: I heard Governor Justice this morning on on Metro News.
32:13
Speaker 5: I think it was from yesterday the day before, but uh,
32:17
Speaker 5: not willing to comment on it and meeting mouth and
32:19
Speaker 5: round about we want to throw stones or something like that,
32:22
Speaker 5: that's what we want to do. But we're not throwing stones.
32:24
Speaker 5: I mean, it's it's if you want to just lase
32:27
Speaker 5: over it generally like that, I guess you can say that.
32:29
Speaker 5: But details are what matter. And so we'll see where
32:34
Speaker 5: that goes from here. It may not may get worked out,
32:36
Speaker 5: but if not, and our clients want to, we're going
32:38
Speaker 5: to file a lawsuit over it and we'll see what
32:41
Speaker 5: what happens with it. And and and we've done various
32:45
Speaker 5: cases like that or I got one right now in Putnam. Unfortunately,
32:49
Speaker 5: the judge so far has prevented us from really addressing
32:52
Speaker 5: the issue.
32:53
Speaker 6: Uh.
32:53
Speaker 5: And I'm not I'm not criticizing the judge. The law
32:55
Speaker 5: isn't real favorable for us where we got you know,
32:58
Speaker 5: I'm i'm I saw something on Facebook other day. We
33:01
Speaker 5: have an intersection of Route thirty five and Hurricane Creek
33:03
Speaker 5: Road where people have been killed over and over again.
33:05
Speaker 5: It's a dangerous intersection. I understand, at least anecdotally, there
33:08
Speaker 5: was an overpass for that intersection of the initial plans.
33:11
Speaker 5: I don't know why they haven't done it, but I
33:14
Speaker 5: represent three residents in Buffalo where we have some company
33:17
Speaker 5: called Vandelli out there that nobody knows what they're doing.
33:20
Speaker 5: I've determ Roger Henshaw, the Speaker of the House, is
33:23
Speaker 5: all over the corporate documents. I don't want to bad
33:26
Speaker 5: moth him because I've talked to him about it. I
33:28
Speaker 5: don't think he's involved in it anymore. I think it's
33:29
Speaker 5: a venture capitalist from Washington, d C. That's doing it.
33:32
Speaker 5: And for some reason, the Department of Transportation is trying
33:35
Speaker 5: to take my client's front yards to expand a little
33:37
Speaker 5: road in Buffalo when this company has a right to
33:40
Speaker 5: build their own road, right to the public road. I
33:42
Speaker 5: can't figure out why they're catering to this, and so
33:45
Speaker 5: we're trying to address it. We've addressed. You know, when
33:50
Speaker 5: they had the teacher work Shawage, I forget twenty eighteen,
33:53
Speaker 5: maybe nineteen, so a big one. Well, the only county
33:57
Speaker 5: that wouldn't close schools when they knew, they can say
34:02
Speaker 5: they didn't. They knew buses wouldn't be driving, they knew
34:05
Speaker 5: they wouldn't have support staff there for the schools. They
34:08
Speaker 5: refused to close the schools. And this is my opinion,
34:11
Speaker 5: only because they wanted to not see to quote unions.
34:16
Speaker 5: And then you know, there was even a call from
34:19
Speaker 5: Eric Senator Eric tar to somebody. He thought it was
34:22
Speaker 5: the superintendent, but unfortunate it was somebody else of the
34:24
Speaker 5: same name, talking about how they'd be on the right
34:26
Speaker 5: side of history by doing this. Well, I had a
34:28
Speaker 5: client that was concerned about that. I thought, well, I
34:30
Speaker 5: don't know what we can do. Well, then I became
34:34
Speaker 5: concerned because then my staff told me, well, Tom, you
34:36
Speaker 5: know you were out of town that morning, but there
34:38
Speaker 5: were seven or eight little Well we're in Putnham County,
34:41
Speaker 5: barely in Nitro and so there were seven or eight
34:44
Speaker 5: kids out here. This is February. I think in the cold.
34:48
Speaker 5: You know, we pay attention to the news, but maybe
34:50
Speaker 5: the folks that are working four tens or twelve hour
34:53
Speaker 5: shifts don't get to read the news and realize because
34:55
Speaker 5: they're not getting they're not getting alerts from the school
34:57
Speaker 5: board like you do when you have a snow day
34:59
Speaker 5: or anything else. No, don't bother with that. So my
35:04
Speaker 5: staff had to go out and tell them kids, you know,
35:05
Speaker 5: you're there's there's not going to be a bus coming today.
35:07
Speaker 5: And and so they had to all, I mean, I
35:10
Speaker 5: don't know what their home situation is to go back
35:11
Speaker 5: to school.
35:12
Speaker 4: So and did mom and dad know and did they
35:13
Speaker 4: have arrangements to take care of the case.
35:15
Speaker 5: Right, So we found an angle there because it appeared,
35:18
Speaker 5: you know, we have we had metro news interviews, we
35:21
Speaker 5: had public statements where it appeared the school board you know,
35:24
Speaker 5: we're saying we made the decision to keep they're saying
35:26
Speaker 5: the word we we we. Well, that wasn't ever decided
35:30
Speaker 5: in public anywhere to keep the schools open on this issue.
35:33
Speaker 5: And so we fid a lawsuit under the Open Meetings
35:37
Speaker 5: Act and and and and we lost that case because
35:39
Speaker 5: of a technicality because what happened was the school board
35:43
Speaker 5: uh then said well that was completely the superintendent's decision.
35:47
Speaker 5: We can't even get involved in that, which seemed to
35:50
Speaker 5: be contrary to the at least circumstantial evidence. Uh. And
35:55
Speaker 5: so when the if the superintendent made the decision as
35:58
Speaker 5: if it was just a regular snow day or something
36:01
Speaker 5: like that, which is completely different, then there's no meeting
36:06
Speaker 5: because he's the only one that made the decision, and
36:08
Speaker 5: they didn't have they are good, they didn't have the
36:10
Speaker 5: capacity to make the decision. So anyway, we try and
36:13
Speaker 5: do some of those cases, and you can't. You can't
36:15
Speaker 5: take on everything, but we've done them from time to time.
36:18
Speaker 5: We've got a little bit of time left about all right, good, Well,
36:21
Speaker 5: this is an important day for me, so I'll just
36:24
Speaker 5: throw this out there. So this is twenty sixth anniversary
36:30
Speaker 5: for Maryon and I. So we grew up in St.
36:32
Speaker 5: Albans I met in high school, and so I just
36:35
Speaker 5: wanted to say happy anniversary. She doesn't listen to this show,
36:38
Speaker 5: but somebody does and might tell her. So anyway, we're
36:42
Speaker 5: hoping to get twenty six more and it's been it's
36:47
Speaker 5: been a good twenty six years. And she's the other
36:49
Speaker 5: than my children, the most important person in my life.
36:52
Speaker 5: So I wanted to wish her happy anniversary.
36:55
Speaker 4: Happy twenty six man, that's ranks. Yeah, congratulations to both
36:58
Speaker 4: of you. That's Tom Peyton from the Peyton Law Firm.
37:00
Speaker 4: More information online Peyton Mall from dot com p E
37:02
Speaker 4: Y t O N. Peyton Lawfirm dot Com, located in Nightro,
37:04
Speaker 4: wester Rginia. Their phone number three zer A four seven
37:06
Speaker 4: five five fifty five fifty six three zer A four
37:08
Speaker 4: seven five five fifty five to fifty six. Tom, Thanks
37:11
Speaker 4: for a time, appreciate it.
37:11
Speaker 5: I appreciate it. Hopefully be back next week, all right,
37:13
Speaker 5: we'll see you in.
37:13
Speaker 4: That's Tom Payton from the Peyton Law Firm, coming up
37:15
Speaker 4: next to Dave Island on five eighty Live. I'll be
37:17
Speaker 4: back this afternoon at three oh six on hotline with
37:19
Speaker 4: a weekly Have a great day everyone.
37:46
Speaker 2: Five eighty w c HS A M ninety six point five.
37:48
Speaker 2: That's on Charleston one oh four point five Cross Lane
37:51
Speaker 2: w VRC Media station. We're proud to live here too,