Latest / Ask the Lawyer / 12/05/2024 Ask the Lawyer with Tom Peyton, The Peyton Law Firm

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12/05/2024 Ask the Lawyer with Tom Peyton, The Peyton Law Firm · Ask the Lawyer

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Speaker 1: The views and opinions expressed on this program do not
0:02
Speaker 1: necessarily reflect the views and opinions of five eight whs
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Speaker 1: it's employees or WVRC Media.
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Speaker 2: Put the power of Payton on the side.
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Speaker 3: never give up. We're prepared to fight for your rights.
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Speaker 3: When you need action, count on us.
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Speaker 2: Put the power of paint on your side, the power.
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Speaker 4: Of pay.
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Speaker 5: You can put the power of Paytent on your side
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Speaker 5: this morning. You can give us a call at three
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Speaker 5: zero four three four two eight one three one three
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Speaker 5: zero four three four two eight one three to one
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Speaker 5: the phone number to put the power of Paytent on
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Speaker 5: your side this morning. Just asked to speak to Tom
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Speaker 5: Peyton from the Peyton Law Froom. You'll be sent back
0:50
Speaker 5: to our studio so you can ask any question that's
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Speaker 5: relevant to Tom Payton or the Peyton Law Firm. Who's
0:55
Speaker 5: here with us this morning?
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Speaker 4: Tom?
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Speaker 5: Howre you doing this morning?
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Speaker 6: I'm doing great? How are you?
0:58
Speaker 5: I'm doing okay? Man, it's been a it's been a
1:00
Speaker 5: cold week so far. Man, it's a little chili.
1:02
Speaker 6: Yeah. Anybody can calling, whether it's relevant or irrelevant. We'll
1:05
Speaker 6: take the call one way or another. Right, Yeah, yeah, right.
1:08
Speaker 5: I didn't want somebody calling about like real estate, were like,
1:10
Speaker 5: you know, like a John Burdett stuf or.
1:12
Speaker 6: Something, Colin talking about Mountaineer football or something like that.
1:15
Speaker 6: I was in the green room there, just kind of
1:17
Speaker 6: looking through drawers, trying to find a coffee kerk, and
1:22
Speaker 6: behold there was the twenty twenty two version of Blue
1:26
Speaker 6: and Gold News. Yes, which was interesting to look back
1:29
Speaker 6: at all the players that have come and gone, and
1:31
Speaker 6: of course Neil Brown's in there and he's he's out.
1:34
Speaker 6: So that's probably the biggest news this week. Not really
1:38
Speaker 6: legal news is Neil Brown being I guess it was terminated,
1:43
Speaker 6: that's the way they've worded it. He probably saw it coming,
1:46
Speaker 6: I would say, But it'd be interesting to see who
1:50
Speaker 6: the next coach is coming in. I Ren Baker's done
1:53
Speaker 6: a real good job of keeping it quiet. I you know,
1:56
Speaker 6: it seems like every other coaching vacancy or rumor we
1:59
Speaker 6: had about a coach leaving or coming.
2:01
Speaker 5: I kind of appreciate the grown up aspect of it up.
2:05
Speaker 6: Well, that's one thing, but just his ability to do
2:07
Speaker 6: it at all is amazing. Because all the people spying
2:10
Speaker 6: on the where the plane flies apps and tracking them down.
2:15
Speaker 6: And I really haven't heard you other than the you
2:18
Speaker 6: know pundits talking about Rich Rodriguez and Kimbo Fisher and
2:22
Speaker 6: that kind of thing. I have no idea whether there's
2:24
Speaker 6: any legs to either one of those. And then I
2:27
Speaker 6: think a Penn State assistant, but it's, uh, he's got
2:32
Speaker 6: to pick somebody soon. We had signing day yesterday with
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Speaker 6: like twenty twenty two recruits and no head football coach.
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Speaker 5: Yeah, pretty crazy that they had that many. It's so
2:41
Speaker 5: weird that signing day used to be such a huge thing.
2:43
Speaker 5: And now, of course, you know, you publish the information
2:45
Speaker 5: and stuff, but you no longer have like the press
2:47
Speaker 5: conferences with the guy who's in the hat and all
2:49
Speaker 5: that different stuff in this because the transfer portal and stuff.
2:51
Speaker 5: It's there's like so many signing days.
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Speaker 6: You can just come and go as you please. So
2:57
Speaker 6: that was kind of the biggest sports news this week.
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Speaker 6: But yeah, if you have a call, give us a
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Speaker 6: call about anything, or if you don't feel comfortable talking
3:04
Speaker 6: on the radio, then you can send us an email
3:06
Speaker 6: at Peyton Law Firm dot com. Well I just want
3:09
Speaker 6: to call the office, you can call us at three
3:10
Speaker 6: zero four seven five five five, five five six, really busy.
3:15
Speaker 6: This Timmy year seems like, uh, you know, we get
3:18
Speaker 6: a lot of bluster here towards in the year with
3:20
Speaker 6: people wanting to close out cases and things like that
3:22
Speaker 6: or getting getting their cases resolved. It's just time to
3:24
Speaker 6: get them resolved, and and and so we're doing a
3:28
Speaker 6: lot of work around the around the office there. Mostly
3:31
Speaker 6: I think we get a lot of loyal listeners. But
3:33
Speaker 6: if you don't know what we do is uh, first
3:36
Speaker 6: of all, our bread and butter civil litigation. So we
3:38
Speaker 6: do a lot of work where we're fighting automobile insurance companies,
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Speaker 6: life insurance companies, other types of claims where people have
3:45
Speaker 6: been hurt in some way, not only you know, physically,
3:49
Speaker 6: that's what you think of in a in an automobile
3:50
Speaker 6: accident and you get hurt, but financially if you've got
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Speaker 6: a financial claim like refusal to pay life insurance claim
3:58
Speaker 6: or a state lit Again, do an awful lot of that.
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Speaker 6: That's kind of our red and butter going to court
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Speaker 6: and handling cases in court. But we also do a
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Speaker 6: lot of what I would say is work for kind
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Speaker 6: of every day West Virginia folks so we do deeds, wills,
4:13
Speaker 6: do some criminal defense, a little bit of family law.
4:15
Speaker 6: Don't take me in those cases, but we know how
4:18
Speaker 6: to do them because I've done hundreds over the years,
4:21
Speaker 6: especially in my younger days. But so if you have
4:23
Speaker 6: a question about anything, you can give us a call
4:25
Speaker 6: and I wouldn't hesitate. It's hard to think of it.
4:27
Speaker 6: After you, well, you grew up as a lawyer's son basically,
4:31
Speaker 6: and then have been a lawyer for twenty some years.
4:33
Speaker 6: It's hard to think about, from my standpoint, what it
4:36
Speaker 6: would be like to go through life and not have
4:37
Speaker 6: at least a core knowledge of the law. And so
4:40
Speaker 6: if you're in that situation, you're uncomfortable in a legal
4:43
Speaker 6: situation or you don't know, pop us an email or
4:47
Speaker 6: give us a call. Usually we can kind of give
4:49
Speaker 6: you some information real quick. That'll really help you out
4:52
Speaker 6: and doesn't mean you're hiring a lawyer, but we can
4:55
Speaker 6: give you some assistance there so you're not at a
4:57
Speaker 6: disadvantage in a transaction or a particular situation. And then
5:01
Speaker 6: then all we ask if we help you out in
5:02
Speaker 6: that regard, then maybe if you have somebody in an
5:04
Speaker 6: automobile accident or are hurt in some way, then you
5:07
Speaker 6: can give us a call and we can see about
5:09
Speaker 6: helping you there, because we do a really good job
5:11
Speaker 6: because we're detail oriented and keep track of every case,
5:14
Speaker 6: and you're not. We're not the Walmart law firms, not
5:17
Speaker 6: the biggest in the world, and if you want that
5:19
Speaker 6: and want to become a number, then you don't want
5:21
Speaker 6: to come to our office. But we're more particular than
5:24
Speaker 6: that and pay attention to to every case and know
5:26
Speaker 6: the details of almost every case. The lawyers do not
5:30
Speaker 6: just pairalegals or we don't really have associate lawyers. It's
5:33
Speaker 6: dad and not only so it gets time to perform.
5:36
Speaker 6: It's one of us two going and not sending somebody
5:38
Speaker 6: in our place.
5:39
Speaker 5: The one thing that I like that we talked about
5:41
Speaker 5: on the show, and that I think that that it's
5:44
Speaker 5: educational for the listeners to understand, is that and I
5:48
Speaker 5: bring this up everything we do this, So there's nothing
5:49
Speaker 5: wrong with contacting a lawyer. You know, if you have
5:51
Speaker 5: a question, you know the laws is complicated there and
5:53
Speaker 5: you're not supposed to be an expert of it. As
5:55
Speaker 5: as an average citizen, you should have a basic understanding
5:58
Speaker 5: of the laws.
5:59
Speaker 6: They're covering.
5:59
Speaker 5: You shouldn't know every single statute and everything else that
6:02
Speaker 5: governs in your life if it doesn't affect you every day.
6:05
Speaker 6: You know, I had. I'll give you an example. I
6:07
Speaker 6: had a client come in, a woman yesterday who needed
6:11
Speaker 6: some basic will state planning. She had some other questions.
6:15
Speaker 6: She had a disabled child, unfortunately adult child, and she
6:21
Speaker 6: was almost in tears because she'd had to do her
6:23
Speaker 6: dad's estate and it was so complicated and surrounded into
6:26
Speaker 6: so many hurdles and you know it, I said, well,
6:30
Speaker 6: tell me about that, and well he had a simple will,
6:33
Speaker 6: and well, okay, that's not complicated, two kids, and well,
6:36
Speaker 6: by the time she got done with the story, it
6:38
Speaker 6: was really although it was of course she had apparent
6:43
Speaker 6: pass which is always significant, but as far as the
6:46
Speaker 6: legal hurdles that she felt were almost like read blocks
6:49
Speaker 6: and really cost her obviously a lot of stress and
6:51
Speaker 6: distress because she's telling me about it, and the states
6:54
Speaker 6: the estate has been resolved for a couple of years
6:56
Speaker 6: are are what I would view as simple matters, you know,
6:59
Speaker 6: the kind of things we could take care of quickly.
7:03
Speaker 6: And it was a significant amount of money in that estate,
7:05
Speaker 6: and she had never contacted a lawyer to ask how
7:08
Speaker 6: should I do this? And you can get help if
7:11
Speaker 6: you have somebody passed away, you can get help from
7:12
Speaker 6: the folks that work in the FOODU Street Supervisor's office
7:14
Speaker 6: here in Kannall County or Putnam County, where we do
7:16
Speaker 6: a lot of work, but they're not permitted to give
7:19
Speaker 6: legal advice, and they and they generally try and help
7:23
Speaker 6: folks that think and give information, but it's a little
7:26
Speaker 6: bit black and white, so you don't get you know,
7:27
Speaker 6: they can't really get into the details and then strategize
7:30
Speaker 6: about how to handle a particular situation or give you
7:33
Speaker 6: your options on what to do. And so I just thought,
7:37
Speaker 6: you know, she could have conducted us early on, and
7:41
Speaker 6: we basically take it off her hands and she just
7:43
Speaker 6: deals with my staff and we helped get over these
7:46
Speaker 6: little hurdles. And it just kind of amazes me when
7:48
Speaker 6: you hear people like they're just I think you're right,
7:51
Speaker 6: and it's what you're alluding to, the little fear of
7:53
Speaker 6: conducting a lawyer. First of all, you're not going to
7:54
Speaker 6: be charged when you reach out and ask us a question,
7:56
Speaker 6: so we don't start a ticker and we don't send
7:59
Speaker 6: you a bill when you email a question and we
8:01
Speaker 6: respond or even a phone call er too normally, so
8:04
Speaker 6: that's not a concern. And if you you know, if
8:06
Speaker 6: you're intimidated by talking to lawyers, which I think a
8:09
Speaker 6: lot of people are. We do our best not to
8:14
Speaker 6: be difficult to deal with or to communicate with and
8:18
Speaker 6: keep it on a common sense level. I think we
8:20
Speaker 6: do a pretty good job of that. So, yeah, if
8:22
Speaker 6: you're out there and just think, you know, maybe you
8:25
Speaker 6: don't have a case, or you have an issue, or
8:27
Speaker 6: you're run into something within a state for example, like
8:29
Speaker 6: I gave, doesn't hurt to call call us and ask
8:32
Speaker 6: and and really before you even go get appointed over
8:35
Speaker 6: in a state, if you know, you ought to give
8:37
Speaker 6: us a call because sometimes you don't need to probate
8:39
Speaker 6: in a state and there are other options now to
8:41
Speaker 6: get things done when somebody passes away. So that's a
8:43
Speaker 6: good example of just you know, don't hesitate to call.
8:47
Speaker 6: It's not going to hurt anything. There's no dumb questions.
8:49
Speaker 6: Most of the questions that we do answer about a state.
8:53
Speaker 6: I mean, you get a lot of state boundary issues, deeds.
8:57
Speaker 6: I mean we've answered those questions thousands of times, so
8:59
Speaker 6: it's not something new for us or something that takes
9:03
Speaker 6: a certificant amount of time to address.
9:05
Speaker 5: So one circumstance that I came across. I always try
9:08
Speaker 5: to look over like different legal forms and stuff like
9:10
Speaker 5: that to get any ideas of things that we can
9:12
Speaker 5: talk about. And frankly, a lot of times I can't
9:14
Speaker 5: find anything overly relevant or things I don't want to
9:16
Speaker 5: like get in anything overly complicated that's not really in
9:19
Speaker 5: your in your willhouse. But one thing that I did
9:21
Speaker 5: run across last night when I was perusing some forms,
9:24
Speaker 5: it was just a situation I don't have to get into.
9:25
Speaker 5: The particular situation didn't really matter, but the the the
9:29
Speaker 5: what came up with the person who was asking for
9:31
Speaker 5: advice on this forum was that the person that they
9:34
Speaker 5: were dealing with it but kind of having an aggressive
9:36
Speaker 5: adversarial relationship with, and it was over a legal matter.
9:40
Speaker 5: This person wasn't a lawyer either, but was using all
9:43
Speaker 5: kinds of like legal jargon and telling the person what
9:45
Speaker 5: they had to do and stuff like that and kind
9:46
Speaker 5: of cowing them, you know, because you have to do
9:48
Speaker 5: this based on what you know, like just reciting off
9:50
Speaker 5: a bunch of stuff. And everybody on this form was like,
9:52
Speaker 5: you don't have a lawyer, and you're just like trusting
9:54
Speaker 5: what this person is saying that this is what the
9:56
Speaker 5: law is and they're not allaw I mean, you need
9:58
Speaker 5: to you get it, you need to contact repus in.
10:00
Speaker 5: And this person was completely cal just because of how
10:02
Speaker 5: aggressively legally is this other person spoke to them.
10:06
Speaker 6: Yeah, you see a lot of that on the internet
10:07
Speaker 6: and social media, and I see different non lawyers giving
10:12
Speaker 6: people advice which is inappropriate. But no, that's what you know.
10:18
Speaker 6: You hesitate to use forms and you know, I have
10:23
Speaker 6: you know, certain professionals that aren't attorneys will try and
10:26
Speaker 6: do certain tasks after certain people, after people pass away,
10:30
Speaker 6: and you just and you get forms for wills and
10:32
Speaker 6: things like that, and sometimes they well a lot of
10:34
Speaker 6: times they work. They're effective, which sometimes can be unfortunate.
10:39
Speaker 6: If they're if they're witnessed correctly and they meet the
10:42
Speaker 6: statute of Wills and Mutchman, then they're admitted to probate.
10:44
Speaker 6: The problem is what language was put in those forms
10:46
Speaker 6: and doesn't make any sense and can it be effect
10:48
Speaker 6: effective to get done what you really want to done
10:50
Speaker 6: or is it going to create a bigger mess? And
10:52
Speaker 6: then require everybody to get into litigation if they can't
10:56
Speaker 6: all agree and things like that. Plus when you do forms,
10:58
Speaker 6: I'm not sure about the biggest form providers now, I
11:01
Speaker 6: know they used to you know, they wouldn't give legal advice.
11:03
Speaker 6: They give you legal information and you get these forms.
11:06
Speaker 6: But I think for basic estate planning, you know, getting
11:09
Speaker 6: forms and going around and recruiting people to be witnesses
11:12
Speaker 6: or whatever general information you get this not from a lawyer.
11:16
Speaker 6: By the time you get done with all that, it's
11:18
Speaker 6: probably the same cost just to come in and have
11:21
Speaker 6: a simple will done by us and get some basic
11:24
Speaker 6: a state planning advice. Because we don't just fill out
11:26
Speaker 6: a form and say, sit down, here's our witnesses. I mean,
11:29
Speaker 6: there are conversations between me and the clients about what
11:32
Speaker 6: they want, how to get it done, how it works
11:34
Speaker 6: when you pass away, how property transfers when you pass away,
11:38
Speaker 6: depending on how it's titled. I mean, there's a lot
11:40
Speaker 6: of different aspects that you get information on when you
11:43
Speaker 6: come to our officers than just having a will drafted
11:45
Speaker 6: and that's it. So I really discourage and people do it.
11:51
Speaker 6: And I would say that ninety percent of the estate
11:54
Speaker 6: litigation we get in where there's lawsuits after the fact
11:57
Speaker 6: about assets and things like that. Are where in the
12:00
Speaker 6: have either gotten some form somebody's typed up and maybe
12:03
Speaker 6: one too the bank and had witnesses tried to handwright
12:07
Speaker 6: their own will type something up on their own. Of
12:13
Speaker 6: the lawsuits we're in after people pass away arise from
12:17
Speaker 6: issues like that because they don't use the right language
12:21
Speaker 6: and just have other messes that if you have a
12:25
Speaker 6: competent attorney help you can avoid a lot of those.
12:28
Speaker 6: And of course that person's deceased, but throwing their family
12:31
Speaker 6: in a litigation, which is not normally why folks have
12:36
Speaker 6: a state planning done. It's too easier on their family
12:38
Speaker 6: members and avoid them getting in lawsuits with each other
12:41
Speaker 6: about things that were maybe set forth ambiguously in a
12:46
Speaker 6: self help will that you tried to do yourself.
12:49
Speaker 5: Is there any way in planning? I had a family
12:51
Speaker 5: that recently passed and by all reports that I got anyway,
12:56
Speaker 5: and I'm mentioned in the in the estate somewhere, so
12:59
Speaker 5: I've had some contact with this. But everything that I've
13:02
Speaker 5: understood is that she laid out everything beautifully. She had
13:06
Speaker 5: she worked with someone had an a state planned the
13:08
Speaker 5: whole thing, had all the documents and everything. I guess
13:11
Speaker 5: if there was a problem. The problem was she's been
13:13
Speaker 5: retired for she had been retired for well over thirty years.
13:17
Speaker 5: Her husband had passed away thirty five years before that.
13:21
Speaker 5: It's not that she didn't maintain this stuff, but she
13:22
Speaker 5: didn't maintain it religiously, you know. It wasn't on a
13:25
Speaker 5: constant basis. And there was a ton in the estate
13:28
Speaker 5: properties in other states and other countries in Canada, Bahamas
13:31
Speaker 5: like where there was like properties and stuff like that.
13:33
Speaker 5: And what has ended up happening has been well over
13:36
Speaker 5: a year since or it's been about a year since
13:38
Speaker 5: the death now, and this state still hasn't been resolved.
13:41
Speaker 5: And one of the problems that they ran into is
13:42
Speaker 5: all these different pieces of real estate that were part
13:44
Speaker 5: of the estate the person passed away didn't have a
13:48
Speaker 5: ton of information on him, and so they had to
13:50
Speaker 5: do like title searches in these different areas and all
13:52
Speaker 5: these different things, and it's ended up the settlement of
13:55
Speaker 5: the estate has ended up running up like a sixty
13:57
Speaker 5: thousand dollars bill from like title search, legal friends and
14:01
Speaker 5: different things like that. It's really become a bit of
14:03
Speaker 5: a problem. For executing the state, because there's like all
14:06
Speaker 5: in each of these properties are now coming back like well,
14:08
Speaker 5: there's there's this property but it's in tax default, or
14:11
Speaker 5: there's this property, and there's some in the Bahamas that
14:14
Speaker 5: just disappeared just like they have a deed is like
14:16
Speaker 5: that plot of land doesn't exist anymore. I mean there
14:19
Speaker 5: was like all kinds of weird stuff like that. But
14:21
Speaker 5: now the executive of the estates, like, you know, we're
14:23
Speaker 5: running out of money from that that was left in
14:25
Speaker 5: the account for us to handle all this stuff. It's
14:26
Speaker 5: becoming a little bit of a problem.
14:27
Speaker 6: Sure though, about to sell some property. But yeah, that's
14:30
Speaker 6: a I don't know a whole lot about internationally owned properties,
14:35
Speaker 6: but I'll tell you a practical pointer if you know.
14:37
Speaker 6: One of the things that whoever you've nominated, if they
14:40
Speaker 6: agree to do it after you passed away as executor,
14:43
Speaker 6: I mean, they're one of the initial duties is to
14:46
Speaker 6: fill out but I always called appraisement forms, not appraisals,
14:50
Speaker 6: but appraisement forms of the estate or inventory forms, and
14:55
Speaker 6: that's supposed to list what the deceased person owned, and
14:59
Speaker 6: they're approximate values at the time they passed away. So
15:03
Speaker 6: if you have somebody who you know their their spouse
15:06
Speaker 6: passed away thirty thirty five years ago and have lived
15:08
Speaker 6: independently like the person you're referencing, it would have been
15:14
Speaker 6: convenient and some of these hurdles you're talking about wouldn't
15:17
Speaker 6: have been necessary if, for example, she had kept or
15:21
Speaker 6: he had kept a basic list of assets. Well, we
15:25
Speaker 6: find practically we have to do sometimes in that situation
15:28
Speaker 6: is just wait a bit and see if you get
15:30
Speaker 6: any statements that come to that person's mailbox, wait till
15:34
Speaker 6: after the first of the year, and see if.
15:36
Speaker 5: Which is how some of them has been resolved. It
15:38
Speaker 5: is just by hey, look look this is what came
15:40
Speaker 5: in the mail today.
15:40
Speaker 6: Oh we got to get There's nothing I mean, sometimes
15:43
Speaker 6: there's nothing more you can do than just do that.
15:46
Speaker 6: So you get ten ninety nine tax information from some
15:49
Speaker 6: interest on an account somewhere or a distribution while she
15:52
Speaker 6: was living, then you know you can find that one
15:54
Speaker 6: out lands. I mean, you need to at least know
15:59
Speaker 6: the states in which and hopefully the counties where the
16:03
Speaker 6: landholdings are. And I don't know about Bahamas. That's beyond
16:05
Speaker 6: my scope of expertise for sure. But in that such
16:09
Speaker 6: I mean, if your husband and wife and you've been
16:11
Speaker 6: married for some period of time and you know you
16:13
Speaker 6: basically commingle all your assets, then if one of your
16:16
Speaker 6: passes away, that other one's going to know. Or if
16:18
Speaker 6: you have a situation where you know you have a
16:20
Speaker 6: child that's really close to the adult parent and and
16:23
Speaker 6: they know the finances, then you don't really have those problems.
16:25
Speaker 6: But in the situation you're talking about, I mean, if
16:27
Speaker 6: that person would have kept not redoing your will, you
16:30
Speaker 6: don't need to name a lot of particular things in
16:33
Speaker 6: a will. You can do a few particular things ordinarily
16:35
Speaker 6: if that's what you want to do. But ultimately you
16:37
Speaker 6: have what's called a residuary clause. It just says, anything
16:40
Speaker 6: else I have, whatever it is, I hereby give devise
16:43
Speaker 6: and bequeath two and then you name one person or
16:45
Speaker 6: however many people you want, and that covers everything that
16:48
Speaker 6: you owned that would pass by a will, even if
16:51
Speaker 6: it's not referenced in the document. And so she wouldn't
16:56
Speaker 6: necessarily revise her will and your hypothetical but keeping a
17:01
Speaker 6: running list of what you know, if she sold some
17:03
Speaker 6: land and market off the list, and that like if
17:06
Speaker 6: the Bahamas land was sold or it's worth nothing or
17:10
Speaker 6: something like that, and then she could have noted that
17:11
Speaker 6: on a list and it would have given the executor
17:14
Speaker 6: a head start there on that one. But it's not
17:19
Speaker 6: the way it works most of the time, frankly.
17:21
Speaker 5: And it's probably a little easier to do those things
17:23
Speaker 5: today than it would have been back in like the
17:24
Speaker 5: earlier mid eighties or something, you know, I mean as
17:26
Speaker 5: far as keeping track of that stuff.
17:27
Speaker 6: Keeping track of it, And it's easier these days too
17:29
Speaker 6: with you know. I mean in the eighties you did
17:32
Speaker 6: you had the lamb books and real paper tax tickets,
17:35
Speaker 6: which you can still get here. But I mean you
17:37
Speaker 6: can look up tax information in every county in this state.
17:41
Speaker 6: You can actually look up as far as I know,
17:44
Speaker 6: I think you can look up images of deeds at
17:47
Speaker 6: least over the last twenty thirty years on internet on
17:51
Speaker 6: the on the web. I can't cannall county. They're still
17:54
Speaker 6: behind the times, and I think there's one other county
17:56
Speaker 6: that hasn't done that, but pretty much every other county
17:58
Speaker 6: you can access the documentation as far as deeds and
18:01
Speaker 6: wills that have been recorded on the internet. So it
18:05
Speaker 6: makes it a bit easier. But you know the point.
18:08
Speaker 6: Normally when folks come in to get a state of planning,
18:10
Speaker 6: it's one they want to get things to the people
18:13
Speaker 6: they want to have them when they pass away, but
18:15
Speaker 6: also make it. I hear a lot of well, I
18:17
Speaker 6: just want to make this easier on my kids or
18:20
Speaker 6: something like that, and that's that's really the point of
18:22
Speaker 6: the will, and that's part of the the benefit of
18:25
Speaker 6: coming to us is that we've not only drafted these
18:28
Speaker 6: but handled litigation after the fact and handled it. You know,
18:31
Speaker 6: we do tens and tens of a state administration cases
18:36
Speaker 6: a year, So not only do we draft them, we
18:38
Speaker 6: know how they need to be worded so that they
18:42
Speaker 6: can be interpreted easily, and what you put in your
18:45
Speaker 6: will can be put into effect fairly easily instead of
18:48
Speaker 6: having you know, the classic example is just you know,
18:52
Speaker 6: lawyers shouldn't just get what the client wants and just
18:55
Speaker 6: type it into the will. There should be a conversation about, Okay,
18:58
Speaker 6: let's think about this, how do we get this worded
19:00
Speaker 6: so that it makes sense it can actually be done.
19:03
Speaker 6: Like somebody owns a large tract of land, let's say acres,
19:07
Speaker 6: tens of acres and then you know, they know in
19:10
Speaker 6: their mind that Johnny should get this acre Jevy here,
19:15
Speaker 6: But right now it's all described as one big piece
19:17
Speaker 6: of land. So how do you get that done in
19:20
Speaker 6: a will? The bad practice and what you don't want
19:22
Speaker 6: to do is say, well, let's start this creek and
19:24
Speaker 6: go to this tree and then to this rock, and
19:27
Speaker 6: he gets the six acres on the easterly portion of property.
19:30
Speaker 6: Well that's not That type of description is so vague
19:34
Speaker 6: it just creates a mess. Later. People can't get along
19:37
Speaker 6: because you don't nobody knows for sure which spot of
19:41
Speaker 6: land is supposed to be theirs, and the way in
19:43
Speaker 6: which the person tried to describe it in their will
19:46
Speaker 6: is wholly insufficient for any third party to look at
19:50
Speaker 6: it and figure out where they're talking about this property.
19:53
Speaker 6: I mean, it just get really loose descriptions, and you
19:56
Speaker 6: know it come to us. We can tell you how
19:57
Speaker 6: to do it the correct way, and in a way
19:59
Speaker 6: that's pretty cost effective, but also makes it easier on
20:04
Speaker 6: your children when you pass away, as opposed to having
20:07
Speaker 6: them argue about which one acre Johnny was supposed to get,
20:11
Speaker 6: because it's not described exactly where it is. And as
20:13
Speaker 6: we know, land ordinarily isn't like a tabletop, so you
20:17
Speaker 6: have a lot of fights over who gets which part
20:18
Speaker 6: of the land and things like that. So that's a
20:20
Speaker 6: good example of you know, when you consult with an
20:24
Speaker 6: attorneity that knows what they're doing, then you get that
20:27
Speaker 6: type of advice and you get get it straightened down.
20:29
Speaker 6: Sometimes folks will just say, well, I just don't want
20:32
Speaker 6: to do that division then if it's going to create
20:34
Speaker 6: a mess, and we'll just give it to them all
20:36
Speaker 6: and they can work it out. But if you do
20:38
Speaker 6: your own will and just think that's going to work,
20:40
Speaker 6: you can really create a bigger problem than there would
20:44
Speaker 6: be if you didn't have a will at all.
20:45
Speaker 5: Frankly, yeah, that makes a lot of sense. Great advice
20:48
Speaker 5: from Tom Peyton from the Pathon Law Firm. You can
20:50
Speaker 5: find out more information online. It's Peyton lawfrom dot com,
20:52
Speaker 5: p E Y T you and Peyton Lawfirm dot com.
20:54
Speaker 5: Located in Nitro, West Virginia, twenty eight oh one First
20:56
Speaker 5: Avenue in Nitro, West Virginia. There phone number three's are
20:59
Speaker 5: A four seven five five two five fifty six three
21:01
Speaker 5: zero four seven five five fifty five fifty six.
21:03
Speaker 6: You can call us this.
21:03
Speaker 5: Morning, THO. If you have any questions at offer, Tom
21:05
Speaker 5: Payton from the Payton Law Firm give us a ring
21:06
Speaker 5: three zero four three four two eight one three one
21:09
Speaker 5: three four two eight one three one A little differ
21:10
Speaker 5: number than what we are traditionally using having to send
21:12
Speaker 5: things through the office line right now until we get
21:14
Speaker 5: our studio reorganization taken care of, but it still works
21:17
Speaker 5: the same way. You just asked Uspeak to Tom Payton
21:19
Speaker 5: and ask the expert. Three zero four three four two
21:21
Speaker 5: eight one three one. Let's go ahead and take a break.
21:23
Speaker 5: We'll come back and have plenty more to talk about
21:24
Speaker 5: hopefully your phone calls. If you want to control the
21:26
Speaker 5: conversation and more information with Tom Payton from the Paytent
21:29
Speaker 5: Law Firm, put the power Paytent on your side. Will
21:31
Speaker 5: be back right after this. I'm del Cooper. This is
21:33
Speaker 5: five eight WCHS the Voice for Charleston.
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22:46
Speaker 9: Good morning, here's your traffic update. A vehicle crash on
22:48
Speaker 9: US sixty Midland Trail and CR sixty thirty four Victor
22:53
Speaker 9: Pro Road in Anston. A vehicle crash on I sixty
22:56
Speaker 9: four east at mile marker fifty six at Montrose Congestion
23:00
Speaker 9: Andelais on I sixty four east at mile marker fifty
23:02
Speaker 9: eight at Virginia Street, and in Fayette County, a vehicle
23:05
Speaker 9: crash on US nineteen North at West Virginia sixteen. Drive safely.
23:10
Speaker 9: I'm Chapel in the WCCHS Network traffic studio.
23:15
Speaker 2: Put the power of Peyton on the side.
23:19
Speaker 1: We have a court.
23:20
Speaker 3: Room experience set you need. We never give up. We're
23:26
Speaker 3: prepared to fight for your rights. When you need action,
23:31
Speaker 3: count on us.
23:34
Speaker 2: Put the power of patron on your side, the power
23:39
Speaker 2: of pay.
23:41
Speaker 5: You can put the power of patent on your side
23:43
Speaker 5: this morning and give us a call. Three zero four
23:44
Speaker 5: three four two eight one three one three zero four
23:46
Speaker 5: three four two eight one three one. That's what Jennifer
23:48
Speaker 5: Ditch has a call this morning for Tom Peyton. Jennifer,
23:50
Speaker 5: good morning. How you doing this morning?
23:52
Speaker 4: I'm doing well. How about you all doing well?
23:55
Speaker 6: Doing great?
23:57
Speaker 4: Right? First of all, let me mention that Tom did
24:01
Speaker 4: my husband and my wills. Oh probably, I don't know,
24:05
Speaker 4: maybe even ten years ago. It was not a bad
24:07
Speaker 4: experience at all. Worked out very nicely, and he raised
24:10
Speaker 4: some questions during the process that helped clarify things that
24:16
Speaker 4: had he not done that, things could have gotten complicated later.
24:20
Speaker 4: My question today though, is about property. We only we
24:25
Speaker 4: have about three acres out here on the Coal River
24:28
Speaker 4: that are broken into three lots, and two of the
24:33
Speaker 4: lots are on the same side of the road, and
24:37
Speaker 4: one is just a strip of land that we bought
24:39
Speaker 4: from a neighbor. It's not big enough to put a
24:42
Speaker 4: structure on by any means. And then the other one
24:45
Speaker 4: is across the road. It's an entirely separate lot. I've
24:50
Speaker 4: given thought recently. I especially think that the small strip
24:54
Speaker 4: needs to be joined with the other strip, which is
24:56
Speaker 4: where the house is. I'm thinking also, so I know
25:00
Speaker 4: when we moved here, it was all one piece of
25:03
Speaker 4: property and we had that across the road sectioned off
25:07
Speaker 4: into a separate lot. Now I'm rethinking, as we're getting
25:11
Speaker 4: older that if we do that, the beneficiaries of the
25:18
Speaker 4: estate may have trouble selling a separate lot, that if
25:23
Speaker 4: it was just all one piece of property, it might
25:25
Speaker 4: simplify things for them. Well, so I'm curious how Palm
25:30
Speaker 4: feels about that.
25:31
Speaker 6: Yeah, I don't think that's going to be an issue.
25:33
Speaker 6: Of course, when you say section, it off to me
25:37
Speaker 6: that I'm not sure what that means. If you're talking about.
25:40
Speaker 6: You've got the assessor to assess it as a separate
25:43
Speaker 6: tax parcel. That's one thing, okay. And you can also,
25:48
Speaker 6: of course have surveys done where you subdivide land, just
25:52
Speaker 6: like the subdivision of development is what you think about
25:55
Speaker 6: when you hear about that. But any kind of you know,
25:58
Speaker 6: dividing up of a bigger piece piece is an essence
26:01
Speaker 6: of subdivision as far as getting maps approved and approval
26:04
Speaker 6: by the Planning Commission, at least in Kanaw County and so.
26:09
Speaker 6: But at the same time, and then if you have
26:13
Speaker 6: different quote parcels, maybe you got them in two different transactions.
26:17
Speaker 6: You bought this piece from somebody in your two thousand,
26:21
Speaker 6: you bought the piece beside it from somebody in two
26:23
Speaker 6: thousand and six. They each have their own legal descriptions
26:26
Speaker 6: via the separate deeds. Generally, if you just want to
26:30
Speaker 6: in one tax ticket and there's no separate structure on
26:34
Speaker 6: like the empty lot, then you can just call the
26:36
Speaker 6: contact the assessor and they'll reassess it as to one
26:40
Speaker 6: big piece. So sometimes a phone call can maybe restore
26:43
Speaker 6: that back to the way it was, but it shouldn't
26:45
Speaker 6: cause any problem for your heirs or whoever. You know,
26:48
Speaker 6: if you want to sell it yourself, you can just
26:52
Speaker 6: sell all three parcels and it's described in the deed.
26:54
Speaker 6: It doesn't really make any difference as far as if
26:56
Speaker 6: you want to sell them all as one packach deal.
27:00
Speaker 6: I guess you would say, if you want to sell
27:02
Speaker 6: them as individual lots, then if they don't have their
27:07
Speaker 6: own separate legal description and they've been consolidated for some
27:12
Speaker 6: reason otherwise, then you have to get a surveyor to
27:16
Speaker 6: do a new map and survey out the piece you
27:18
Speaker 6: want to sell or treat differently, and then get it
27:23
Speaker 6: approved by the Planning Commission. But if you have separately
27:26
Speaker 6: described lots, like maybe a deed says partial one, Partial two,
27:30
Speaker 6: and then the other pieces, let's say Partial three that
27:33
Speaker 6: you bought at a different time, I mean you can
27:36
Speaker 6: you can generally sell those separately if you want to,
27:40
Speaker 6: because they have their own separate legal descriptions within the
27:43
Speaker 6: within the deeds. But what you're talking about shouldn't be
27:46
Speaker 6: any hurdle. For example, you're talking about your children or
27:49
Speaker 6: your heirs inheriting those three lots. The fact they've been
27:53
Speaker 6: segregated for tax purposes. Property tax purposes won't make any
27:56
Speaker 6: difference when they go to market the property.
28:00
Speaker 4: Okay, Well, I know that the script that we bought
28:03
Speaker 4: from our neighbors is a separate deed, so, and that's
28:09
Speaker 4: the one that's next to where the house is. The
28:12
Speaker 4: other lot that we have is a vacant lot. And
28:18
Speaker 4: I know that none of you I don't have any children,
28:20
Speaker 4: We don't have children. These are nieces and nephews that
28:22
Speaker 4: would inherit this, and I know that none of them
28:24
Speaker 4: would want to live here, so it would definitely be
28:28
Speaker 4: property that would be sold. But I'll check at the
28:30
Speaker 4: courthouse and see if there's a separate deed on that
28:34
Speaker 4: lot across the road there. It may just be a
28:36
Speaker 4: tax ticket thing.
28:38
Speaker 6: Well, yeah, if you purchased it at a different time,
28:41
Speaker 6: there's going to be a different deed for it out there.
28:44
Speaker 6: But I don't know if that makes any real difference. Now,
28:47
Speaker 6: if you wanted that lot, if it's only separated by
28:50
Speaker 6: a public road, you may be able to get that
28:54
Speaker 6: attached to the lot where your home is and the
28:57
Speaker 6: other lot and then just have one tax ticket going forward.
29:00
Speaker 6: It would probably be I don't know if it would
29:02
Speaker 6: be advantageous or not. You'd have to run the numbers
29:04
Speaker 6: on it, but it would all be categorized, as you know,
29:07
Speaker 6: owner occupied, which generally gives you a lower tax ray
29:11
Speaker 6: or it does. But if it's just a little strip
29:14
Speaker 6: that has no real value, might be better just to
29:16
Speaker 6: keep it separate. It's probably negligible one way or the other.
29:19
Speaker 6: But it doesn't really sound like you need to do anything, frankly,
29:22
Speaker 6: unless you want to change the way in which you're
29:23
Speaker 6: getting taxed as far as tax tickets and tax parcels.
29:29
Speaker 4: Okay, okay, well, thank you Tom.
29:31
Speaker 6: No problem.
29:31
Speaker 5: Thank you for the call, Jennifer, appreciate the phone call.
29:34
Speaker 5: Thanks a lot for that. Ladies, the phone line open
29:35
Speaker 5: for you if you want to call in, just like
29:36
Speaker 5: Jennifer did. Three zero four three four two eight one
29:38
Speaker 5: three one three zero four three four two eight one
29:40
Speaker 5: three one. So what else is going on? There's a
29:42
Speaker 5: lot of legal things going on nationally, stay all kinds
29:45
Speaker 5: of different.
29:45
Speaker 6: Things now in the news. This week, we got some
29:48
Speaker 6: US Supreme Court cases brewing. The one that was I
29:51
Speaker 6: think they did the oral argument yesterday might have been
29:53
Speaker 6: the day before. We have this one that's filtered to
29:56
Speaker 6: the top here the US Supremes on gender affirming care
30:01
Speaker 6: for those under the age of eighteen see. If I
30:05
Speaker 6: can frame it a bit, so Tennessee in various other states,
30:08
Speaker 6: West Virginia's glombed in with that group, although I think
30:11
Speaker 6: there's a differentiation. Have essentially and this doesn't have to
30:15
Speaker 6: do with surgery. That's not part of this case. So
30:19
Speaker 6: it's not gender altering or affirming surgery. It's like hormone
30:27
Speaker 6: type therapy is the issue here, and so Tennessee's law
30:31
Speaker 6: is the one that's the subject of this appeal. And
30:33
Speaker 6: Tennessee has did pass a law saying that, in essence,
30:37
Speaker 6: all gender affirming therapies for people under the age of
30:43
Speaker 6: eighteen are banned. Just can't do it. I don't think
30:47
Speaker 6: there's any I'm not aware from the old arguments in
30:50
Speaker 6: what i've brother there's any exceptions to that rule in
30:52
Speaker 6: the Tennessee law. So what's happened is that law is
30:57
Speaker 6: being challenged and it's made it up to the US
31:00
Speaker 6: Supreme Court. And the argument is, at least the primary argument,
31:03
Speaker 6: the one I've read about, is that that type of
31:06
Speaker 6: law is a violation of the United States Equal Protection
31:09
Speaker 6: Clause because it treats it's illegal based on the different
31:15
Speaker 6: ways in which it's applied to genders. So example being
31:23
Speaker 6: you know, you've got somebody who takes the hormone type
31:29
Speaker 6: therapy that doesn't have to do with a gender affirming
31:33
Speaker 6: where somebody has a identifies with a gender. Basically, the
31:36
Speaker 6: way I try and think of it is biologically, maybe
31:40
Speaker 6: they were male at birth on the birth certificate, but
31:42
Speaker 6: mentally they never work. They're always female mentally. And so
31:48
Speaker 6: if you if you let folks that aren't born that
31:54
Speaker 6: way use hormone therapy, but you don't let folks that
32:00
Speaker 6: have gender dysphoria the psychological diagnosis, then you're treating basically
32:07
Speaker 6: arbitrarily in a way, treating them different than the other genders.
32:10
Speaker 5: So if you're so, if you're Mail and identifies Mail
32:12
Speaker 5: and you need hormone treatment for something and it's approved,
32:15
Speaker 5: that's status quo basically. But if you're if you don't
32:18
Speaker 5: identify that way and you see it need the exact
32:20
Speaker 5: same medicine, then that's then that would be the thing
32:23
Speaker 5: that's spanned. That's what the challenge.
32:24
Speaker 6: Yeah, and you have this gender dys for you, I
32:25
Speaker 6: didn't understand that, Okay, we have a gender dysphoria diagnosis
32:28
Speaker 6: that you know, is basically all the major psychological or
32:34
Speaker 6: medical associations recognizes as an issue and and recognize it
32:38
Speaker 6: that it can have severe If you don't get some
32:41
Speaker 6: therapy or something to help kids with this, then you
32:44
Speaker 6: get sometimes really bad mental health issues and even suicide
32:49
Speaker 6: and that kind of thing. Now, West Virginia was brought
32:52
Speaker 6: up in the or argument I read in a uh
32:54
Speaker 6: in a in a national article because actually the folks
32:59
Speaker 6: challenging the law referenced West Virginia, And of course you
33:02
Speaker 6: have all these underlying policy things going on during these arguments.
33:06
Speaker 6: It was like two hours of World argument yesterday. But
33:08
Speaker 6: West Virginia was what I view is in a good way,
33:11
Speaker 6: was referenced because our governor and our legislature passed a
33:14
Speaker 6: law on this subject matter in twenty twenty three, but
33:18
Speaker 6: went into effect the January of this year that also
33:22
Speaker 6: bans that type of gender affirming therapy. But the plaintiffs
33:31
Speaker 6: are the petitioners that are challenging this law. Reference West
33:35
Speaker 6: Virginia's law is a permissible way to do it because
33:38
Speaker 6: it has an exception that the Tennessee law doesn't have.
33:41
Speaker 6: And so we got a little credit there for if.
33:45
Speaker 5: Doctor there was a it was medical recommendation of some kind, right,
33:48
Speaker 5: I can't remember now right.
33:49
Speaker 6: Actually it says the exception is a patient can be
33:54
Speaker 6: prescribed puberty blocker, puberty blockers and hormone therapy after receiving
34:00
Speaker 6: parental consent and a diagnosis of severe gender dysphoria from
34:05
Speaker 6: two doctors, including a mental health provider. So if you
34:09
Speaker 6: have that, which shouldn't be if you really have significant
34:13
Speaker 6: you know, I think the problem.
34:15
Speaker 5: I think one of the doctors, and our legislature is
34:17
Speaker 5: the one that introduce that admits.
34:18
Speaker 6: Yeah, so that's a good exception. And if you know,
34:21
Speaker 6: I think what which would as a parent raising two
34:26
Speaker 6: kids already that have gone through their teenage years, I mean,
34:28
Speaker 6: you don't want a child that's a bit confused just
34:33
Speaker 6: going through teenage years and identifying with this or that,
34:37
Speaker 6: not a sun a whim, but to fit in or
34:39
Speaker 6: to go with the trend. I mean, you don't want
34:41
Speaker 6: those folks in there saying oh, now I need hormone there.
34:44
Speaker 6: I mean that's not or parents going along with it.
34:47
Speaker 4: Uh.
34:48
Speaker 6: You know, but our law is pretty good because if
34:50
Speaker 6: you get first of all, you got have parnical consent obviously,
34:53
Speaker 6: but then if you get two doctors that have diagnosed
34:55
Speaker 6: severe issues, and that that means they will have likely
34:58
Speaker 6: had to have treated the person and they're having problems,
35:01
Speaker 6: then you can still get that type therapy done in
35:04
Speaker 6: West Virginia. So I thought that was a good We
35:06
Speaker 6: actually got mentioned in an or argument before the US
35:08
Speaker 6: Supreme Court in a way that was positive. Now, so
35:12
Speaker 6: our law won't be affected by this ruling most likely
35:15
Speaker 6: unless it goes way beyond what the challenge is, which
35:18
Speaker 6: I'm sure it will not. And so basically on or
35:21
Speaker 6: argument yesterday, it was it's gonna be a split, probably
35:24
Speaker 6: five to four somewhere along the line. But it was
35:28
Speaker 6: seemed to be some debate about whether the federal Constitution
35:33
Speaker 6: should apply or whether they ought to just keep it
35:36
Speaker 6: a state issue and let the states address it, which
35:38
Speaker 6: I think is I mean, I think equal protection claus
35:41
Speaker 6: has to do something, so I think it needs to
35:42
Speaker 6: be analyzed strictly under our US Constitution analysis. But equal
35:47
Speaker 6: protection arguments are complicated and complex, and there's underlying policy
35:53
Speaker 6: issues obviously that are I'm not sure they should be
35:56
Speaker 6: the forefront, but seem to be continuing. I mean, that's
35:59
Speaker 6: why this issue gets pushed to the headlines all the
36:00
Speaker 6: time because it ultimately I think there's some statistics from usterday,
36:03
Speaker 6: like one percent or less of the population would be
36:08
Speaker 6: I think less than one percent would be affected by this,
36:12
Speaker 6: although there were some SATs. I know West Virginia does
36:15
Speaker 6: per capita, does have a fairly high number of transgender kids.
36:23
Speaker 6: That's per capita, so it's not total. It doesn't mean
36:25
Speaker 6: anything for total numbers. But it's just such a small
36:27
Speaker 6: issue and keeps getting the headlines. There's not a small
36:30
Speaker 6: issue for somebody's going through it, for sure. I don't
36:31
Speaker 6: want to diminish that, but as far as the number
36:34
Speaker 6: of folks impacted and that kind of thing, it gets
36:37
Speaker 6: a lot of headlines.
36:37
Speaker 5: I do kind of wonder now that we're not in
36:40
Speaker 5: an election cycle, well at least for maybe six more
36:42
Speaker 5: months until we start worrying about the midterms, I wonder
36:45
Speaker 5: if it's going to cool the hills a little bit.
36:47
Speaker 6: On the headlines to that. I guess we'll have to
36:49
Speaker 6: see how that goes. Yeah, we'll see. I mean, it
36:51
Speaker 6: was really hot button as we went into the fall
36:56
Speaker 6: here for our election. But hopefully, well they won't rule
36:59
Speaker 6: this still spring, probably like almost to the end of
37:02
Speaker 6: next term, so we won't get our resolution. We'll kind
37:04
Speaker 6: of monitor and talk about it when it comes out.
37:06
Speaker 6: But I thought that was a good that Western you
37:08
Speaker 6: got mentioned in a positive way. If you us to
37:10
Speaker 6: Spreme Court.
37:11
Speaker 5: Don't forget to put the power of Payton wing yourside.
37:12
Speaker 5: That's want to wrap up the Showdow And in a few
37:14
Speaker 5: seconds left in the program, you want to make sure
37:16
Speaker 5: you give Tom and Harvey a call the Payton Law
37:17
Speaker 5: Firm in Nitro, West Virginia, twenty out of one first
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Speaker 5: avenue in Nitro their phone or with three zero four
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Speaker 5: seven five five fifty five fifty six three zero four
37:24
Speaker 5: seven five five fifty five fifty six Payton Law Firm
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37:28
Speaker 5: dot Com.
37:29
Speaker 6: Tom takes a bunch of your time today. Great being here.
37:31
Speaker 6: See you next time.
37:31
Speaker 5: We'll see you next time the Payton Law Firm. I'm
37:33
Speaker 5: del Cooper five eighty Live is up next seven. Great
37:35
Speaker 5: morning everyone,