Latest / Ask the Lawyer / 08/31/2023 Ask the Lawyer with Harvey Peyton
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- 0:59Thursday. Wanting to you you're listening to the power of Peyton on five ad
- 1:02W c HS. The Voice of Charleston has asked the lawyer Harvey Patons in
- 1:04studio with us this morning three four five fifty eight, three four five fifty
- 1:07fifty Harvey, good morning, how you doing this morning? Get help?
- 1:11If I was any better? It was like two of me to enjoy it.
- 1:14I was out about really early this morning. I had to run by
- 1:18the office and Nitro to retrieve. I've had this hermetically sealed mayonnais jar that
- 1:23has been stored on fucking wagonal's blackboard for the last sixty days, in which
- 1:29I had sealed and hidden my WVU for full So I what about to pick
- 1:34that up so I can have it. So we need to set aside about
- 1:37five men here at the end of the show. Tom and I have a
- 1:41bit of a not real competition. But he picks Marshall and I picked WVU.
- 1:46He's Tom graduated undergraduate school from Marshall University, as it all three of
- 1:51my kids. So he set that aside, and then I was driving up
- 1:55through Nitro and just such a beautiful morning. And the city has embarked upon
- 2:00a really aggressive program, the City of Nitro of removing dilapidated and outdated number
- 2:09one residential structures and then primarily along First Avenue commercial structures. Buildings like there
- 2:17was a two story former office building retail at the corner of twenty third Street
- 2:24and First Avenue. Well that's okay, that's fine, We've got ten thousand
- 2:28square feet of space. But it was built in the twenties when nobody had
- 2:32a car. There's no parking and the building next to it. And so
- 2:37you've got parking that's just pulling off First Avenue where the traffic's heavy, and
- 2:43it's not conducive, only conducive to really low rents and trouble getting tenants and
- 2:50no money for upkeeping maintenance. And so from twenty third Street to twenty fifth
- 2:54Street, now we've got this beautiful open expanse of property that I'm sure it
- 3:00will be developed. And then down at thirty ninth Street this week another house
- 3:05went down which opened up another really nice spot. There was in a house
- 3:07on the thirty first Street that was demolished. So the city of Nitro,
- 3:15I mean, problems were solved at a local level, have taken the bull
- 3:17by the horns. Howcuch the money comes from the Feds, but it comes
- 3:22channeled through responsible officials like the mayor and sat Alban's and South Charleston and Mayor
- 3:27Goodwin, you know, to do good for the locals. And then I
- 3:30came up past well Larry Dawson. Larry bought the next door to his dealership
- 3:38was the Nitrous Shade Nawding, which was run by John Jibbo for decades and
- 3:43his grandfather before that and John retired and shut the business, so Larry bought
- 3:47that and he's remodeled the building into nice high end office space that's on the
- 3:55market to be retailed. And right next to that, Dollar General just built
- 4:00a new Dollar in General. It's not Macy's, it's not a department store,
- 4:03but it is a nice new Dollar General, affordable, plentiful shopping for
- 4:12people in the areas. And Nitro, I say they're on the upswing,
- 4:15but this is a pretty much sustained growth over the last several years. And
- 4:21just as said I've come back to West Virginia, which was in twenty ten,
- 4:24Nitro has evolved immensely over that time. Well it's it's revived. You
- 4:29know, when when I first opened an office and Nitro grew up in Saint
- 4:32Alban's and the idea that I was going to spend most of my life working
- 4:36in Nitro would have been anathema to a Saint Alban's High grad nineteen sixty seven.
- 4:41But Nitro and Putnam kind of been really, really really good to me
- 4:46and good to the rest of the Peyton family, my son Tom. But
- 4:51at that time, you know, Monsato was going great guns. Apex FMC
- 5:00chemical, Kincaid Enterprises over there with kim Form John Amos had eighteen hundred,
- 5:08two thousand men, very few women. The railroad had a switching yard down
- 5:14there that was stocked with the full crew and two locomotives. And then a
- 5:18nineteen eighty came and we said the Moose Lodges it had thirty five hundred members,
- 5:23which I think is sort of a symbol of what happened in America.
- 5:28You know. We started with, well, let's worry about inflation, which
- 5:31during the first two years of Reagan's administration was higher than it has been the
- 5:36last two years you're replacing now is down to about three percent. It was
- 5:40five percent at the end of the second year of Ronald Reagan's first term.
- 5:46So the solution of that was shipping overseas, move manufacturing overseas, so you
- 5:50can bring low cost products back to sell and make the American a consumer class
- 5:55as opposed to manufacturing class with cheap price as well at beats inflation, but
- 6:00also does is the Moose Lodge and Nitros closed. YEA. There used to
- 6:04be thirty five hundred men and women who followed the construction trades or worked in
- 6:11industrial settings. Manufacturing, the railroad, chemicals, agg chemicals, machinery,
- 6:17and it was through allowing unlimited mergers and acquisitions and emphasizing and easing the ability
- 6:26to do business overseas by multinationals who don't care where the dollars come from.
- 6:30They're green. Well, he just gutted America and now Nitro, who took
- 6:35a while to adjust to that. I mean, Nitro was on its heels
- 6:40and we've adjusted and we've got a great good mayor, great city council,
- 6:44good people at the development authority, a hardcore of business and businessmen who've been
- 6:47there and are willing to work hard, just like in Saint Albans and South
- 6:51Charleston and too to read Charleston, and Charleston's got a bigger it's a bigger
- 6:56fish to fry. And up on the eastern end of the county, the
- 7:00Chesapeake and marmatt you've got to just take the bull by the horns and make
- 7:03the best of it. And we've Nitro has come a long way and it's
- 7:08going to continue to grow. And you know it's near the interstate. People
- 7:13think, well, you know, Taco Bell has been a big deal.
- 7:15That's a big deal if Taco Bell comes to town and takes the place of
- 7:19World War One quincent hut that have been converted to an auto parts store,
- 7:24and an eroding retail that once housed one of the best hardware stores in the
- 7:31state, and a dress shop that was second to none, but it's been
- 7:34vacant for decades. I mean, if if what replaces that is a brightly
- 7:39lit, well maintained Taco Bell, that's help, right, you can't make
- 7:44fun of that. So I was driving through there this morning a lot of
- 7:46good thoughts, and got on the interstate and came in this morning thinking about
- 7:51iceberg ice. I heard on the radio that well if a former short term
- 7:57West Virginia resident in the official capacity, Stewart, who spent a little time
- 8:03down at Alderson, was being criticized for a picture taken in front of an
- 8:09iceberg on some sort of a tour ship around Greenland. Well, I think
- 8:16I'm in the same boat. I had some iceberg ice when I was up
- 8:18in Canada. This time it's commonplace along the coast the Labrador Sea between like
- 8:24Labrador and Greenland. You know, this time of year, you get a
- 8:26lot of icebergs floating through there, and you know den alda party, the
- 8:31lady who is the ground person in Goose Bay, her significant other Stevo,
- 8:37works over on the coast, and you know, iceberg drifts in the all
- 8:41horse collar and bring it ashore chopping up, and so he bought a cooler
- 8:43of iceberg ice over the camps. We could try it. And you know,
- 8:46it's just it's clear and really hard, and it doesn't melt as quickly
- 8:50as you know city water ice. You know, it's a big It's not
- 8:54a big deal. I mean, it's just to say this is iceberg ice.
- 8:58So I have to admit that I skip that story. But when I
- 9:01ran across it on my news feed and everything else, I was like,
- 9:03you know what, the nothing's finer than a crisis. Its minor. I
- 9:05don't think. I want to no, no, I agree with well,
- 9:09I want to ask, is what was really what's the what's the issue with
- 9:11what she did is if it's supposed to be sacred or was did she some
- 9:15occult group of spiritualists? I guess think that you know, harvesting and iceberg
- 9:22out of the Labrador Sea vialas of the rights of indigenous people, which is
- 9:28nuts. Uh? I mean, I don't know. I'm like, I
- 9:33just read them because it tickles me to see how nutty some Yeah, that's
- 9:39just dreams are about the environment and particularity of it. I I was soundly
- 9:46criticized by a West Coaster at the fishing camp at Labrador a couple of years
- 9:54ago because I refer to Danelda as an eskimo. An he from proceeding for
- 10:01me that that's worse than the inn word, and that's degrading, and so
- 10:03I think of my mind. Well, when I asked an eld, I
- 10:07said, you know, you're your logocies obviously indigenous. I said, you
- 10:11know, are you in all? No, I said, bide the mom's
- 10:13an eskimo, that's what she said. I got in the car, I
- 10:18said, I apologize and I said, oh, that's stupid. Forget that
- 10:22guy. Well, I'm not saying that to justify the use of the N
- 10:26word, but no, no, but it is, you know, some
- 10:31it's countering. It's counteractive and counterproductive to a degree. So it seems like
- 10:35if you if you swing at the at the at the if you swing at
- 10:39the pitches outside the strike zone, you can't help but to but to strike
- 10:43out when you get a pitch that you can hit, you know, I
- 10:45mean, and I think that over leveraging things like Martha Stewart using ice kind
- 10:50of diffuses maybe more relevant messaging. Well, you got to follow up on
- 10:54your analogies. That would be sort of the Manny sanghean of message, A
- 11:00man who never saw a pitch he didn't right exactly, robbed deer somebody along
- 11:03those lines. Judge, Yeah, that's what you were talking here informing me
- 11:07that a little before we took the just have a new judge and Braxton,
- 11:11well I think it's Braxton Clay. Oh, maybe it's just Braxton. Might
- 11:16be Braxton Clay and Webster, Uh, young man. I don't know.
- 11:20Tom knows that has dealt with the gentleman. And he's you know, it
- 11:24seems like a CEA level lawyer. He practices uh in a solo or small
- 11:28practice in the Braxton County. And that's because judge also retired. Uh.
- 11:35And then here in Kanau County, Judge Bloom announced his retirement after long years
- 11:39of dedicated service and nay of Judge Abraham I think is the spouse or Brian
- 11:48Abraham who's governor Justice is chief of staff or General counsel whatever. Uh.
- 11:56Her appointment was announced by Governor Justice, who my astipation, threw her under
- 12:01the biace unfairly. I mean, his announcement was, well, she's a
- 12:07fine Christian person for a judge, and the tone deaf way that Governor Justice
- 12:13has to certainly a devotion to the Christian religion is no negative. More spiritual
- 12:20and devoutness and sense of proprieties important, however you get it. But she's
- 12:24replacing Dude Bloom, who is a prominent and developed member of the Charleston Jewish
- 12:30community. So you know the implication from the Governor's like, well, we're
- 12:33making a change for the better here on religious grounds, which I found just
- 12:37to be awful and tone deaf, but not uncharacteristic of mister Justice unfortunately.
- 12:43But then I went on to say, and I went up appoint a conservative
- 12:48judges because the business community and here is happy with it. Well, it
- 12:50didn't take Judge Abraham long to take that albatross from from around her neck by
- 12:56saying what she needed to say and was forced to say by the Governor's tone
- 13:01deaf and inappropriate announcements. Look what my personal beliefs are, they have nothing
- 13:05to do with how I'm going to judge cases. Is the important thing is
- 13:07fairness and progress and which is correct, and that she's certainly entitled the benefit
- 13:13of the doubt. We hope that she has a good careers judge. She'll
- 13:18have to be re elected I think next year, or elected, not re
- 13:22elected the first time. And I suspect there'll be some since she's not a
- 13:26Knock County native and I don't know what constituent she has here, I suspect
- 13:33there'll be some lawyers from the Charleston Conlock County are hell through their hat in
- 13:37the ring for that spot. I want to see what happens. But again,
- 13:41I mean I thought, can you imagine that person being in the United
- 13:43States Senate, the person who didn't craft, he just makes it up,
- 13:48made up that announcement with two utterly tone deaf and inappropriate statements. How that's
- 13:54going to reflect on West Virginia if that person gets to the Senate. It's
- 13:58a good question. Yeah, wells in conjunction with what's happening at WVU.
- 14:05I mean, we have been the We have been the subject of the Wall
- 14:09Street Journal, the Washington Post, for Magazine, New York Times, The
- 14:15Atlantic, monthly. I've read articles in all those publications in the last two
- 14:20weeks, at editorials in the Charleston Gazette, and equally bone headed and tone
- 14:28deaf statements from the Senate Finance Chairman, which just makes us look bad.
- 14:35And of course to me, this is going to happen at WVU, right,
- 14:41it is going to happen. Gordon Geys not going to be discharged.
- 14:46The Board of Governors, which is largely a creation of Jim Justice, is
- 14:52not going to discharge Gordon Gey, and Gordon Guy's not going to resign.
- 14:56He He's a man of big ego for better for worse. We'll know five
- 15:01years from now, you know what the effect, if long term, on
- 15:05WVU and its reputation and its ability to deliver its obligation as a land grant
- 15:11university is. We're not gonna do this year next year, and people are
- 15:18entitled of their thoughts about it. Wasn't there a I remember when SHAWNA.
- 15:22Johnson was here and she would have me come in when she would fill in
- 15:24for Hoppy. Sometimes I would sometimes sit in with her every once in a
- 15:26while and we would do talk line and one of the guests that we had
- 15:30on was talking about, and this was seven eight years ago at least probably,
- 15:35and it was there was a fairly massive tax cut that was coming down
- 15:37for in West Virginia, were a reallocation of the way taxes were going to
- 15:43be allocated. One of the big things that we're getting hit was the amount
- 15:46of money that was going to WVU. And it was as short at the
- 15:50time that this wasn't going to have any downstream effect, that this was all
- 15:52part of budgetary concerns, and it was, you know, faithfully steward the
- 15:58economy and things like that. And I had read some pushback when that this
- 16:00could hurt higher education in West Virginia a decade down the line, and I
- 16:06asked the question about it, and I wish I could remember, I could
- 16:07go back and find the archive on it. But it was basically like,
- 16:11this isn't a problem. We've already looked at all this and I just can't
- 16:12help but to wonder what decisions have been made in the past that have led
- 16:17to this kind of because it's a pretty stark story when you look at it
- 16:22as a whole. I mean, it's somewhat unusual. Well, it's a
- 16:25perfect storm of mistaken projections, predictions for the future. Some people, they
- 16:40say, just willful ignorance on the legislative side of the agenda. And it
- 16:45started with Joe Mansions forty million, four hundred million dollar business stacks cuts.
- 16:51Yeah, that's gonna make us the magnet for the entire country. And instead
- 16:55we've got eighty thousand, ninety thousand fewer people now than when that happened.
- 16:59And then it was you know, it was the just face it. It's
- 17:04the right wing, right, ultra right wing of the Republican Party that seems
- 17:10to have somehow put the middle of the road, right centered Republicans to sleep,
- 17:18who simply think that that are one universities that offer a broad based liberal
- 17:25arts and professional education or somehow hotbeds of liberalism to threaten the existence of the
- 17:30country. And therefore we're gonna choke them. And you don't have to do
- 17:36any more than to listen to Senator, I'll burn the house down to save
- 17:38a baby finance chairman. To hear that, I mean, I heard it,
- 17:42and and if I thought it is if you're in more sitting up in
- 17:47Morgantown in an eight hundred grand a year in a house for you and your
- 17:49significant other, who we all pay for, traveling at will and building a
- 17:59medical im through acquisitions. You don't really have a whole lot of incentive to
- 18:03go peeve off the legislature. And that's just my thought. But I mean
- 18:08I accepted because it's going to happen. There's just a big difference. I
- 18:11mean, I went to graduated in nineteen seventy one from undergraduate school. Two
- 18:17weeks ago, I had lunch with two of my classmates at Larry Lafon and
- 18:22Doug scaff You know, we're still closest, closest, closest friends. Today
- 18:26they're on their way to Clay County to visit hire them Kimby Lewis, who
- 18:29was a eight year old. I was because we're all friends and we've all
- 18:33been really successful, and we all graduated from a land grant university that had
- 18:37a core curriculum and prepared people to be thinking, reasoning human beings, not
- 18:42necessarily job training for a particular slot. But then again, that was a
- 18:48student body of about ten thousand, even though it was bloated by the Vietnam
- 18:52War, because people one of those two s deferments, you know, And
- 18:57I thought, well, here we are we've got twenty four thousand students.
- 19:03Now it's fifty years later and with a hundred thousand fewer people in West Virginia,
- 19:08and the baby boom was crested and gone. It's just I don't like
- 19:12the culture. I was be honest with you. My oldest grandchild what WVU,
- 19:18which I was happy about only for a semester, and I went up
- 19:22to visit that. I think, I just get a bad vibe here.
- 19:25These rabbit hutch dormitories that the university financed the building of over in Sunnyside.
- 19:32No sense of collegiality, no sense of commonality. There's a convenience store and
- 19:37the first floor that sells beer up till two o'clock in the morning. There's
- 19:41a liquor store next door. It's just a big research university that's supported by
- 19:48a student debt from about twenty thousand undergrads who were jammed into these dormitories.
- 19:53I didn't I didn't like it. She transferred, went to a smaller school,
- 19:59was perfectly happy. Is prospered now. But then when I mentioned at
- 20:03a meeting of one of the college's advisory boards, I said, well,
- 20:10we just didn't like the culture, at which point the one of the administrators,
- 20:15So why didn't you call Gordon? Thought okay, but what would Gordon
- 20:22do about it? Maybe give her And I mean, who's here, I
- 20:26mean he's the president university's and suppose I'm a parent that doesn't know somebody who,
- 20:30says Calgren. I just started to get the feeling over the last couple
- 20:33of years that this place is becoming too identity driven. And I've got one
- 20:38small thing that's always stuck in my mind since back in the early two thousands,
- 20:45because I sort of you know, I'm not gonna die rich Man,
- 20:48I'm gonna give everything I've got away except what my wife needs to stay in
- 20:52her after I'm gone. But we were lucky enough to go to some of
- 20:59these Foundations events and one of the things they always said, they've got a
- 21:02cookie cutter that stamps out the flying WV and they found a way to make
- 21:07them two tons. So part of it's blue and part of its goal flying
- 21:11wvs sugar cookies. They're like a staple every place. Well, last fall,
- 21:18we would to see a game, got sit in the press box and
- 21:21I look at the tray and there aren't any flying WV sugar cookies. There
- 21:26are cookies, but they're in the shape of a bow. Time and I
- 21:30told my wife has said that's not a good sign. To me, that's
- 21:33not a good sign. And then I see where the same thing happened in
- 21:37Ohio State. I mean, that's too much identity driven administration for me.
- 21:44I apologize, and I'm not trying to pick on a sick chicken. Gordon
- 21:47Gey's done a lot of good things at the university, and I'm not saying
- 21:49this is all his fault or that he should be removed, but some people
- 21:53have There's been some bungling in volved here to get to this point. This
- 21:56restructure could have been done over a period of years. There's a phrase that
- 22:02I use a lot in the law business and in talking to juries. When
- 22:07you find yourself confronted with the bad situation, it's easy to draw a bull's
- 22:11eye around a bullet hole. Oh yeah, right, so it's easy and
- 22:15how to come back and say, well, I gave a speech in twenty
- 22:18fourteen where I said this, or I said in two thousand and sixteen this
- 22:22was gonna happen. Well, okay, but this is twenty twenty three and
- 22:29the meat axes out. Why wasn't this addressed over a period of time.
- 22:36But again, well let's do this. Let's get up breaking, let's see
- 22:41if anybody has any questions out there, you get us called this morning.
- 22:42Let's let's argue some Paul, let's talk about President Trump. Three four five
- 22:48fifty fifty eight three four five fifty eight fifty and give us a call this
- 22:51morning. Also text over any questions you have for comments to three or four
- 22:53nine three five five euros. You're eight, you're listening to ask the law
- 22:56of this morning. Harvey Peyton's in studio with us. Don't forget coming up
- 22:59at the end, Harvey's going to reveal his picks for WW football this year.
- 23:03We'll get to that a little bit later on. And plus your questions
- 23:04and phone calls three or a fourth three four five fifty eight fifty eight.
- 23:07More information online Paytonlawfirm dot com. That's with an epe yt un Payton Law
- 23:11Firm dot com. You can find out more information. They are located,
- 23:14of course when first avenue in night trove will take a break and be back
- 23:17right after this and ask the law your five A wchs. The Voice of
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- 24:41Three O four two zero two fifty five sixty six three or four two zero
- 24:47two fifty five sixty six. Put the bow baby on the side. We
- 24:53have a court room experies that you need. We never give up. We're
- 25:00prepared to fight for your rights when UNI action count on us. What's the
- 25:10power up? Paton on your side? The power up Baby. You're listening
- 25:23to the power of Peyton Harvey Payton Studio with us this morning. I'm dal
- 25:26Cooper. You're listening to ask the lawyer when w c H as the voice
- 25:29of Charleston, give us a call this morning. Still have about the fifteen
- 25:30minutes left on the year three four five fifty fifty eight three four five fifty
- 25:33eight fifty. We had a caller during the break who called in, and
- 25:37I think that he wanted uh Harvey to comment on Juliani's recent troubles. It's
- 25:41not often that you have somebody that loses one of these uh one of these
- 25:45uh libel cases. But I guess that's what he did. Defamation well or
- 25:51defamation, yeah, he did, and not not unlike I think one of
- 25:56the judgments that was rendered against another of the the Trump team. I guess
- 26:02you could call it Reddy Giuliani. It's to me, it's just a tragic
- 26:07downfall of a human being. It's what happens when you hook your wagon to
- 26:11a bad star. Everybody but the top man in this deal is going to
- 26:15end up with their careers around. It's almost like it's akin to being a
- 26:21Clinton acolite. I mean, they threw people under the bus, just almost
- 26:26gleefully. But it's this situation is worse, don't I was at a function
- 26:33last week and Greg Courtwright was there, and Greg's daughter ended up going to
- 26:37federal prison for thirty days for walking into the to the Capitol Building because former
- 26:44President Trump told her test said, well, he just thought it'd be a
- 26:45largety Giuliani is going to suffer the fate of everybody else that Trump has used
- 26:49up and lied to and misled. He's just ruined. And he went down
- 26:56to Georgia and falsely accused this mother and her daughter who had been a long
- 27:00time election workers, were committing some sort of shenanigan, which the Secretary of
- 27:04State of Georgia investigated throwing and said, no, that's not true, that's
- 27:08not what happened. It's not true. And so Juliani goes back and repeats
- 27:12this lie time after time on his Fox What have I wouldn't call Fox News,
- 27:18the Fox Network after not on the news shows. Don't let a nye
- 27:22on the news shows, right right, They don't let anyone there anymore,
- 27:25right, And he two ladies suited him o case he had publicly defamed him.
- 27:32He accused him a felonious conduct which had conclusively been proven to be a
- 27:37lie. And during the lawsuit the discovery process, there was some requests made
- 27:42for while if you say this is true, and you keep saying it give
- 27:47us the information, and he turned over what the judge described as some statistical
- 27:51gobbled gig that said nothing. And then, to avoid further inquiry, he
- 27:59had admitted that he had said these things in the response to Discover it didn't
- 28:03want to produce him because he didn't have it, And the judge said,
- 28:08okay, then default judgment is now rendered against you. Two reasons. You
- 28:12didn't comply with Discovery and now you admit it bad faith. We're just gonna
- 28:17try it on damages. I mean, they'll light him up in Georgia.
- 28:19But the guy's broke and everybody to pay. He's just a cast off.
- 28:23Yeah, I just we have a cost song you. We're coming to you
- 28:26in just a moment. But the thing that I keep on thinking about was
- 28:27something like that, regardless of anything else you say. Imagine being just a
- 28:30regular, humble, everyday family and having somebody like that drop a bomb in
- 28:33the middle of your life. I can't imagine what those people had to go
- 28:37through because of the rabid loyalty that the narrative of the Heat spins. Yeah,
- 28:42and the people that that gets out of the woodwork. Those people's lives
- 28:45were ruined because of that, and I'm glad he lost. I mean,
- 28:48frankly, that's just that's pretty terrible stuff. Song is on the launch's a
- 28:52question for Harvey this morning? Song you good morning. How you doing this
- 28:55morning? Okay, how are you? I'm fan? Yeah. My question
- 29:00is my mother is a widow and we're trying to do some financial planning for
- 29:07her, and she has most of all her assets with beneficiaries listed, but
- 29:11we're wondering about her home. She purchased her home back in the sixties Thinkeen
- 29:17sixties, and so we were wondering about that. Transferring death for her deed
- 29:22or if it would be better to go with an irrevocable trust and to all
- 29:26of her assets in that or what you would recommend I would recommend. I
- 29:30mean, she has beneficiaries designated on all of her other so those are non
- 29:34probate transfers. I would I favor a transfer on death deed because it now
- 29:42it leaves the her in control of her home. If she decides she wants
- 29:48to sell her she wants to change beneficiaries, she can do so, but
- 29:52it doesn't transfer an immediate ownership interest until the moment of her death. When
- 29:56your mom passes away, you just go to the asset, there's office with
- 30:00a death certificate, execute a simple form, and the tax tax listing has
- 30:07changed to your name. I mean, that's just It really is almost to
- 30:11me a no lose situation. We do them all the time. The legislature
- 30:17here in West Virginia they allowed this starting in twenty fifteen. It makes your
- 30:22house a nonprobatee asset but keeps you in control, which even I think psychologically
- 30:29means a lot to It did to my mother. You know, she didn't
- 30:33want to give her house away, or she want to have her car,
- 30:36but she want to leave the car set out front, even if she couldn't
- 30:37drive. So I would my preference, my leaning would be in favor of
- 30:42a transfer on death deed simpled up, prepared. It's not going to cost
- 30:47you more than about four hundred dollars to have the document prepared and pay the
- 30:51recording costs, and it's done. And then if she changes her mind,
- 30:56she can revoke it. She can borrow money against the property to get a
- 30:59reverse mortgage, sell it if she wishes without asking anybody else's permission, which
- 31:04I think is significant. Okay, but that would that wouldn't protect her against
- 31:10like the Medicare in case you would have to get into a nursing home though
- 31:14with it or well, of course, her homes is not an asset when
- 31:17you consider it for eligibility for Medicaid. Medicare, of course is a is
- 31:22an entitlement, and there's no lookback on Medicare. But no, a person
- 31:26is in long term care for more than sixty days and they qualify for Medicaid
- 31:33assistance to help with prince nursing home or long term care, then there's an
- 31:37asset test and it doesn't affect your ability to keep the home, I mean,
- 31:44but it could give the Office of Medicare Medicaid Services the right to ask
- 31:48for some of their money back from her estate once she's gone. And that's
- 31:55whether that is superseded by a transfer on death need in West Virginia still up
- 32:00in the air. I haven't seen any case where Medicare and Medicaid Services had
- 32:05made any attempt to enforce a look back against the TD. But to say
- 32:12they might not in the future, I can't guarantee that. Well, let
- 32:15me ask you this. If she does, if we do the TD,
- 32:20does it reset her tax her property tax rate like like a lot of times
- 32:23they once it's transfer of ownership, ownership, it just stays. She stays
- 32:28tax in her name, she keeps her homestead exemption. Okay, it doesn't
- 32:32affect the tax on her property at all. Okay, okay, well perfect,
- 32:37all right, Well, thank you so much. I appreciate the information.
- 32:39Sure, I appreciate the call, thank you song, Thanks for the
- 32:42phone call that leaves a line open if you want to get in and talk
- 32:44to Harvey threes or a four three four five fifty three four five fifteen fifty.
- 32:46However, is it time for your predictions? Six minutes left in the
- 32:50show, Yes, six minutes left in the show. Now, at the
- 32:52Patent law firms, the botto is we're here to help people, and there's
- 32:59no case bigger than the lawyer the nearcase at any given time, and the
- 33:02lawyer has a duty to think about that that way on. While we do
- 33:06primarily litigation or adversary work and auto accidents insurance claims representing plaintiffs, we're also
- 33:15problem solvers and some of that involves making predictions about what we think would happen.
- 33:21So I don't want to be completely bound by this, but here is
- 33:22my fearless forecast for the Mountain Air upcoming season Number one Penn State, Saturday
- 33:28night at seven o'clock. I hate to say it, but I've been a
- 33:30state college three times when we've had good teams, and it's been since the
- 33:37nineteen fifty since the Mountaineers won a game in state college, and twenty twenty
- 33:40three is not going to be the year. However, I predict the line,
- 33:45which is twenty one points. The Mountainers will cover, but they're going
- 33:51to be a thirty one seventeen on the bottom end of it. A big,
- 33:54physical defensive line for Penn State's going to throw idle the running game,
- 34:00hold the score down for us. And they got a pocket passer quarterback sixty
- 34:05five kid. You know we've got an undersized defensive line. He's gonna have
- 34:09a little bit of time. I'm say I can see him putting up thirty
- 34:13one points mostly in the air. Yeah. Then we're gonna come home with
- 34:17du Kane. I didn't know Dukine and really had football. I think of
- 34:22him as basketball honestly. So yeah, I guess they have a football team
- 34:23to a big train villains. Yes, so better be a win, right.
- 34:30Fifty two thirteen and they're gonna get some points. Pittsburgh. We're gonna
- 34:35put a licking on him. Thirty eight twenty seven. It now here's the
- 34:37game that I've hinges the season, Texas tack. I have to have been
- 34:40to Lubbock and Texas TeX's been to Morgantown. Last time they came to Morgantown,
- 34:45they humiliated us after we looked like things are coming up Texas. TeX's
- 34:49gonna take a beating in this one, but it's gonna be a high score
- 34:52forty two thirty five. We'll hold him off in the fourth quarter, turn
- 34:58around the next week and get to TCUH. Good team, good team,
- 35:04forty two fourteen. I mean, we'll come up with high expectations about Texas
- 35:09fort Worth. It's a closed in stadium. It's just hard to play down
- 35:14there, and they're good. They're probably more talented we are going there from
- 35:17Texas. But then we go down to face Old Dana in Houston. I
- 35:22think we can beat them and will in a close game. Twenty eight twenty
- 35:25four. Come back home with Oklahoma State down, Mike Gundy starts starting to
- 35:30fade, and we beat him out there last year. We're gonna beat him
- 35:34in Morgantown this year. That's my thought. Not by a whole lot,
- 35:39but we'll beat him in Morgantown. U SEF you know they can, they're
- 35:45take they're getting raised. Look they're a c USA teen, right, there's
- 35:49still a c USA team. We're just gonna put it on him. I
- 35:53think on the road it's hard to do. But forty two seventeen by you,
- 36:00good solid program, not up to snuff. Not Lavella Edwards teams coming
- 36:05to west, we're coming east. They got to cross two time zones,
- 36:08Mountain time, the Eastern time, and we're gonna beat them. We're gonna
- 36:14walop, not walop Cincinnati. I think we'll have a close game with Cincinnati
- 36:17and Morgantown and squeak it out. It would be a good result, it
- 36:22would be. And then then you know, when you're playing Baylor on the
- 36:24road. I've been down to Baylor What's football games three times. It's a
- 36:28hard place to play, hard place to play, a lot of tradition.
- 36:34And they're from Texas and you look at their roster and they're all from Texas
- 36:37and they just play incredibly hard. And we'll hold our own. But I
- 36:40think it's a twenty four seventeen loss on read for eight and four. Man,
- 36:45Man, then we're gonna face Kentucky in the Liberty Bowl. You got
- 36:49it all the way down to the Liberty Bowl and facing Kentucky then that I
- 36:53mean, I think that anybody in the state would take eight and four.
- 36:57Oh yeah, I mean they take eight and four. Lock it in today
- 36:59and be happy about it tomorrow. So you've got to get Texas Tech,
- 37:02and you've got to get either UCF and Houston on the road. Yeah.
- 37:07If you lose all three of those games, then you're five and seven,
- 37:12right, So you gotta gotta get a little magic at home, and you've
- 37:15got two road games. Uh, Houston, I mean they're they're a wild
- 37:21card. UCF, I think it's a wild card. They're you know,
- 37:25they're there's two cusa game. Neil Brown's the coach in twenty twenty four and
- 37:31not well at eight and four. He is had to a seventies eight and
- 37:39four, seven and five. Maybe I think you're okay, depending on the
- 37:43mix of the winds and the losses six and six are below. I don't
- 37:45I don't know, well who's gonna pull the trigger on that I mean that's
- 37:51true. It's d N. Baker or Gordon Gee. It's Harvey Peyton from
- 37:57Peyton Law Firm. You can put the power of Peyton on your side if
- 38:00the three zero four, sorry about that seven five five fifty five fifty six,
- 38:05seven five five fifty five fifty six on line at Peyton Law Firm dot
- 38:07com. That's Peyton Law Firm dot com. About the twenty seconds last Torfi.
- 38:10You think you want to get out, We're here to help you.
- 38:12You know, we've practiced C level law and a high a high profensity.
- 38:15We're good accidents. Auto accidents really are at our wheelhouse. Although other sorts
- 38:22of disputes it involved harden to our clients. We're here to help. Just
- 38:27give us a look, give us a call. Think about us as Peyton
- 38:30Law. That's the Peyton Law from seventy five five fifty five fifty six.
- 38:32So they'll do it for us. Have a great day, everyone, one
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