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The Ron Verb Show - 5pm Hour Thursday, 08/13/26 · Ron Verb

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  Speaker 1: Now, Ron Verb on NewsRadio 570 WKBN.
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  Speaker 2: And for the next hour, we present to you our
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  Speaker 2: Thursday night tradition at 5 o'clock, and that would mean
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  Speaker 2: free legal advice comes your way for the next hour.
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  Speaker 2: Any legal issues or problems that you might have, we
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  Speaker 2: try to solve them, and we've been doing it for
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  Speaker 2: 35-plus years here on NewsRadio 570 WKBN. And when I
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  Speaker 2: say anything, I mean anything possible. Child support, divorce, custody. Estates, trusts, wills,
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  Speaker 2: contractual issues, insurance problems as far as disputes with your
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  Speaker 2: insurance company, auto accidents, dog bites, medical malpractice, consumer law,
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  Speaker 2: consumer issues. evictions. So any legal issue that you might
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  Speaker 2: have going on, either coming your way or something that
• 0:56
  Speaker 2: you have to deal with, well, this is a program
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  Speaker 2: that points you in the right direction and answers your
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  Speaker 2: legal questions. We don't even send you a bill. That's
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  Speaker 2: what the attorneys do, and we bring you some of
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  Speaker 2: the finest attorneys around. So any legal questions or problems
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  Speaker 2: you have, call me right now. I have two lines
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  Speaker 2: in Youngstown open, 330-729-9977.
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  Speaker 3: That's 330-729-9977, 330-729-9977.
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  Speaker 2: We'll get you through to us, 330-729-9977. Pick up the phone,
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  Speaker 2: give us a call today. Don't let the cat get
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  Speaker 2: your tongue. You've got a legal problem or question, we'll
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  Speaker 2: try to answer it and get you in the right direction.
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  Speaker 2: The legal program brought to you by Beatrice Kopp. And
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  Speaker 2: now let's go to the kingmaker himself, the dean of
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  Speaker 2: the firm, the namesake of the firm, Attorney David Beatrice. Hello.
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  Speaker 4: Hi, Ron.
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  Speaker 5: How are you? I'm going to take a quick roll
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  Speaker 5: call if I could. Do you mind if I do that?
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  Speaker 2: Ron is here. Go ahead. I'll be first. Here.
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  Speaker 6: All right.
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  Speaker 3: Ron.
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  Speaker 7: Here.
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  Speaker 5: Frank Casise. Vitaly Arengia. Ryan Kopp. Jim Melfi. How shocking.
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  Speaker 5: I'm solo again, Ron.
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  Speaker 2: You know what always makes for a great..
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  Speaker 5: It's always Mr. Dependable. Give me the ball. Send me
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  Speaker 5: up the middle. Get three yards and a cloud of dust.
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  Speaker 5: That's me.
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  Speaker 2: Welcome, welcome, welcome. Have you had a good week, Dave,
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  Speaker 2: before we get to phone calls? I mean, your life
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  Speaker 2: is very troubling at times.
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  Speaker 4: It is.
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  Speaker 5: It It was a busy week. I finally got through
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  Speaker 5: all my emails because they were just backing up. I
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  Speaker 5: finally got through all my emails. And then I woke
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  Speaker 5: up this morning. I mean, it took me like two
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  Speaker 5: and a half, three hours to get just all my
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  Speaker 5: backlog emails, the ones I haven't even looked at, right?
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  Speaker 5: I got up this morning. I had 50 emails from
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  Speaker 5: yesterday at 4 o'clock till now.
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  Speaker 2: Clients.
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  Speaker 3: Yeah.
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  Speaker 5: So it was crazy.
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  Speaker 2: Well, you got caught up. I'm proud of you. Let
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  Speaker 2: me put it that way. It's a good week. You
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  Speaker 2: didn't blow out a tire. You didn't have any traffic problems.
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  Speaker 5: Well, I had some tire problems today. Yesterday.
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  Speaker 2: What happened?
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  Speaker 5: My right rear tire was a little low. So I
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  Speaker 5: took it to the tire shop and they said that
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  Speaker 5: there's a hole in it and they plugged it and
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  Speaker 5: they said if If this doesn't work, you'll have to
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  Speaker 5: replace the tire. I said, just order me the tire
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  Speaker 5: because you know how I am with cars and tires
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  Speaker 5: and stuff. So that's how it went.
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  Speaker 2: So you got a new tire pending. All right. Well,
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  Speaker 2: that's the way it goes. It's always some expense with you, Dave.
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  Speaker 2: You're never going to get ahead. You just never get ahead.
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  Speaker 2: You got a wedding to plan for, not yours, your son's. Obviously,
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  Speaker 2: so you've got to start saving some money. Just plug
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  Speaker 2: the tire and make good with the day.
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  Speaker 5: I'm going to try. And then now my daughter's talking
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  Speaker 5: about getting married.
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  Speaker 2: Really?
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  Speaker 3: Yeah.
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  Speaker 2: What do you think of the guy?
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  Speaker 5: I like him.
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  Speaker 2: What do you like about him?
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  Speaker 5: I think of my daughter off my hands. What is it?
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  Speaker 5: I call him St. Paul.
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  Speaker 8: Really?
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  Speaker 2: I do.
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  Speaker 5: They're up on the boat. I take them out for beers.
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  Speaker 5: I go, dude, you are the best. God bless you.
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  Speaker 2: So you like him? Oh, please. Good guy?
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  Speaker 5: Yeah, he's a good guy. I like him because..
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  Speaker 2: Is he a lawyer?
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  Speaker 5: No, he was an Army Ranger. That's where my daughter
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  Speaker 5: met him when she'd go visit my son. She was
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  Speaker 5: visiting my son a couple times down in Savannah, Georgia.
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  Speaker 5: And then, I'm going to say four years ago, I
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  Speaker 5: noticed she started visiting a lot more. So I'd call
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  Speaker 5: Joseph and I'd say, hey... What are you and Rose doing?
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  Speaker 5: He goes, I haven't seen Rose all weekend, Dad. I go, oh, interesting. So,
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  Speaker 5: you know, me being the father and the logical person
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  Speaker 5: that I am, I use my analytical skills saying maybe
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  Speaker 5: she met someone down there. My suspicions turned out to
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  Speaker 5: be correct. So she met a soldier. He was an
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  Speaker 5: Army Ranger. He got out of the Army. And on
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  Speaker 5: the GI Bill, he's attending the University of Notre Dame.
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  Speaker 9: So interesting.
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  Speaker 5: My daughter and him moved to South Bend, Indiana and
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  Speaker 5: bought a home and got a good gig. I mean,
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  Speaker 5: we and we should take care of our veterans. He's
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  Speaker 5: going to school on the GI Bill.
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  Speaker 2: And what's he want to be, though? He's going to
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  Speaker 2: Notre Dame.
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  Speaker 5: Yeah, he got he got an undergraduate degree and he's
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  Speaker 5: going to get a master's. He's going to get an
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  Speaker 5: MBA from the Notre Dame University.
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  Speaker 7: Mm hmm.
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  Speaker 2: Not a lot. There we go.
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  Speaker 10: Yeah.
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  Speaker 7: No.
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  Speaker 2: Couldn't he at least go to law school? We're not
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  Speaker 2: asking him.
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  Speaker 5: To take the bar. At this point in my life, no.
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  Speaker 5: No one needs to be a lawyer. They had their
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  Speaker 5: chance at the bat.
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  Speaker 2: We built this big firm up. Beatrice Kopp, the big firm.
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  Speaker 5: And I have lawyers that are going to come in.
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  Speaker 2: Yeah, but where's the children, Dave? Where are the children
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  Speaker 2: that we fostered there?
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  Speaker 5: I have no idea in the world where my son
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  Speaker 5: is right now.
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  Speaker 2: And nobody did. I mean, they didn't become lawyers and.
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  Speaker 5: And I have money in law schools, but neither one
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  Speaker 5: of them became a lawyer. Oh, I have money in
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  Speaker 5: law school education. So there was a hefty sum.
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  Speaker 2: Wasn't it Tim Ryan? Didn't Tim Ryan go to law school,
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  Speaker 2: but he never took the bar?
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  Speaker 5: Yeah, I never took the bar.
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  Speaker 7: Right.
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  Speaker 2: But you can learn a lot from just going to
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  Speaker 2: law school. I mean, it's you can.
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  Speaker 5: It's a very versatile degree.
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  Speaker 2: It absolutely is. All right. You want to take some calls?
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  Speaker 8: Sure.
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  Speaker 5: Let's light them up and knock them down.
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  Speaker 2: All right. With Attorney David Beatrice, you're on the air tonight. Hello.
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  Speaker 2: With Attorney David Beatrice, you're on the air tonight.
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  Speaker 10: Hello.
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  Speaker 5: Hello.
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  Speaker 2: Yes.
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  Speaker 6: I got a question.
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  Speaker 8: Yes.
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  Speaker 7: Okay.
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  Speaker 6: I got a friend who bought some property, and the
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  Speaker 6: lady that had the property put a clause in there
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  Speaker 6: that she had a year to get out of the house. Well,
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  Speaker 6: she moved out of the house within like six months' time.
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  Speaker 6: And then shortly after she moved out, she passed away.
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  Speaker 6: And he's trying to get possession of everything. And the
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  Speaker 6: woman had one daughter who wants to go with the
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  Speaker 6: clause that her mother had a year. Is that clause
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  Speaker 6: still good for the daughter?
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  Speaker 5: Without looking at the contract, I couldn't tell you. But
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  Speaker 5: if it didn't say your heirs, executors, assigns, then no.
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  Speaker 5: But you'd have to look at the language of the contract.
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  Speaker 6: Okay, yeah, I'll let him know that then because it's
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  Speaker 6: not me.
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  Speaker 5: Yeah, he has to look at the contract he signed
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  Speaker 5: with that woman. And if there's language in there like, well,
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  Speaker 5: this inures or goes to the benefit of my assigns,
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  Speaker 5: my children, my estate, blah, blah, blah, then she's probably
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  Speaker 5: on solid ground. If it doesn't have a clause like that,
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  Speaker 5: then she's just a squatter on the property and he
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  Speaker 5: needs to evict her.
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  Speaker 6: Yeah, well, she's not even living there. She just has
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  Speaker 6: the place locked up, and it's like a hoarder's house.
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  Speaker 6: It's full of all her mother's stuff.
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  Speaker 5: Well, he just needs to serve her with forcible entry
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  Speaker 5: and detainer action.
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  Speaker 6: Okay, I'll let him know that. Thank you very much.
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  Speaker 2: Thank you. All right, with Attorney David Beatrice, you're on
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  Speaker 2: the air tonight. Welcome. Are you their caller? Apparently not.
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  Speaker 2: With Attorney David Beatrice, you're on the air.
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  Speaker 6: Hello.
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  Speaker 7: Hello.
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  Speaker 2: I'm trying here. I hope my phones are working good here.
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  Speaker 2: Let me try to just speak up.
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  Speaker 5: I got my dog here. Leo and I are throwing
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  Speaker 5: him the ball. He'll go crazy. We'll throw him the
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  Speaker 5: ball a hundred times. He just never wears out.
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  Speaker 2: There you go. You're on the air. Hello.
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  Speaker 7: Hi, how you doing, Ron?
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  Speaker 2: Good.
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  Speaker 7: Good, okay. I have this incident that occurred. It's minor,
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  Speaker 7: but I just need some direction. Okay, I rent an
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  Speaker 7: antique boot at an antique mall. And we paid to
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  Speaker 7: rent it. So we have to work six hours a quarter, okay,
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  Speaker 7: or pay $ 50. And what we basically do is help
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  Speaker 7: the cashiers check out, open up stuff for people, and
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  Speaker 7: help people out. So the other day I was working, and,
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  Speaker 7: you know, the boss sent me up to a parking
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  Speaker 7: lot where they were having a fundraiser. It was a
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  Speaker 7: tent sale. You know, they had a lot of stuff.
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  Speaker 7: It had nothing to do with, you know, with the
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  Speaker 7: secondhand store that I was at. But they had like
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  Speaker 7: a big tent sale. So anyhow, he sends me up there,
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  Speaker 7: you know, he says, go up and get these boxes
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  Speaker 7: that I bought and some wrapping and some bags. So
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  Speaker 7: I take the cart up there and I load up
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  Speaker 7: the bags on the cart but the bag ripped so
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  Speaker 7: i tape tape up the bag and then as i'm
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  Speaker 7: taping the bag up it's on the parking lot goes
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  Speaker 7: up pretty slant so what happened was the cart twisted
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  Speaker 7: around went forward and hit a vehicle So I grabbed
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  Speaker 7: the cart on the bounce, and I didn't really see
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  Speaker 7: any damage.
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  Speaker 2: Wait a minute.
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  Speaker 4: Wait a minute.
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  Speaker 6: Hold on.
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  Speaker 5: Repeat what you just said. He sent you up to
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  Speaker 5: a lot adjacent to the antique mall?
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  Speaker 7: Well, it was in a big parking lot. Yeah, they
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  Speaker 7: were having, like, a benefit.
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  Speaker 4: Tent sale.
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  Speaker 5: Okay.
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  Speaker 7: I think it was for dogs or something. Nothing to
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  Speaker 7: really do with the... antique booth or mall. So anyhow,
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  Speaker 7: so he sends me up there, and the bag was heavy,
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  Speaker 7: so I ripped. So somebody gave me some duct tape.
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  Speaker 7: So while I was taping it, because it probably weighed
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  Speaker 7: 40 pounds. What was in the bag? I'm in my 60s.
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  Speaker 2: What was in the bag?
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  Speaker 7: As I was picking up the bags, as I was
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  Speaker 7: duct taping the bags to put them on the bottom
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  Speaker 7: of the cart, the cart just slid back, spun around,
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  Speaker 7: and the front of the cart hit a vehicle. So
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  Speaker 7: I caught the cart on the bounce, and I looked
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  Speaker 7: at it. I didn't see any marks at all. But
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  Speaker 7: the owner came up to us later and says, you know,
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  Speaker 7: she came in the store and says, yeah, there's a dent.
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  Speaker 7: So we went out to take pictures. You can hardly
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  Speaker 7: see it, but there was a dent and a scratch,
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  Speaker 7: and it was my fault. So anyhow, in a nutshell,
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  Speaker 7: so we talked to the owner, and he says, well,
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  Speaker 7: I'll call my insurance company, and then, you know, we'll
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  Speaker 7: see what we can do. Well, the lady gets an
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  Speaker 7: estimate and calls him and says the estimate was $ 1, 000,
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  Speaker 7: and then he told me that the insurance company won't
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  Speaker 7: cover it because he has a $ 250 deductible.
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  Speaker 5: Now, the $ 250 deductible applies to collision coverage, not liability coverage.
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  Speaker 7: Okay. Well, that's what he told me. I mean, because
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  Speaker 7: this is the guy that owns the..
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  Speaker 5: I understand that's what he told you. I doubt he turned.
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  Speaker 8: It into his insurance company.
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  Speaker 7: So then he says, yeah, I'm responsible for it.
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  Speaker 5: Well, no, you were a servant of his.
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  Speaker 7: Now, I'm an agent of him, and I'm not a
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  Speaker 7: law enforcement cop or nothing. I'm just donating my time.
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  Speaker 7: So am I responsible, or is he responsible for the
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  Speaker 7: value dollars?
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  Speaker 5: You're both responsible. Both of you are.
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  Speaker 4: Okay.
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  Speaker 7: Now, should the owner of the car have to get
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  Speaker 7: three estimates, or you just go with one?
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  Speaker 6: No.
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  Speaker 5: First of all, do you own an automobile?
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  Speaker 3: Yeah.
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  Speaker 5: And do you have insurance on that automobile?
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  Speaker 10: Yeah.
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  Speaker 5: I turn that in as a claim. You were driving
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  Speaker 5: a cart and you hit someone and see if they
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  Speaker 5: cover it. They may or they may not.
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  Speaker 7: I was pushing a cart. What do you mean you
• 12:49
  Speaker 7: were pushing a cart? It's a shopping cart.
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  Speaker 5: Oh, I thought you meant like a golf cart.
• 12:54
  Speaker 2: Shopping cart.
• 12:54
  Speaker 5: Shopping cart.
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  Speaker 8: Oh, no.
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  Speaker 4: I'm sorry.
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  Speaker 7: It's a shopping cart. And this one didn't have the
• 13:00
  Speaker 7: rubber bumpers on it.
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  Speaker 5: So that would be more of a premises liability claim.
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  Speaker 5: He should have insurance on the property, and that's who
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  Speaker 5: should cover that claim.
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  Speaker 7: Because he's telling me that he called his insurance agent
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  Speaker 7: and they said..
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  Speaker 5: He's lying to you on a liability claim. There is
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  Speaker 5: no deductible. There may be, but I doubt it.
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  Speaker 7: I mean, I'm willing to pay my part because it
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  Speaker 7: was my fault. You know, the cart got away from me.
• 13:29
  Speaker 7: You know, I ain't as fast as.
• 13:30
  Speaker 5: I used to be. Is he willing to split it
• 13:34
  Speaker 5: with you?
• 13:37
  Speaker 7: Yeah, I think so, yeah.
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  Speaker 5: He should pay the whole thing. You were doing a
• 13:42
  Speaker 5: job for him. You wouldn't have been pushing a cart
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  Speaker 5: but for him asking you to do that. So he
• 13:47
  Speaker 5: should pick up everything.
• 13:51
  Speaker 7: All right, but you should have me check with the property...
• 13:54
  Speaker 7: With the property insurance.
• 13:55
  Speaker 5: It's his property, right?
• 13:57
  Speaker 7: Well, he doesn't own the building. He just rented the
• 14:00
  Speaker 7: building off of a company.
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  Speaker 5: Okay, does he have insurance on the building?
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  Speaker 7: No, the company probably does that owns the building.
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  Speaker 5: Well, I don't know how you can have $ 250 deductible
• 14:16
  Speaker 5: and him not have insurance.
• 14:17
  Speaker 7: No, $ 2, 500 deductible.
• 14:18
  Speaker 10: $ 2, 500 deductible.
• 14:23
  Speaker 7: And the claim was $ 1, 000 to fix the vehicle, which
• 14:26
  Speaker 7: I thought was kind of high.
• 14:28
  Speaker 5: So he has insurance. What kind of insurance does he have?
• 14:34
  Speaker 7: He didn't really say because I talked to him over
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  Speaker 7: the phone, but he said he's going to have a
• 14:38
  Speaker 7: meeting with the car people that I did the damage to.
• 14:41
  Speaker 7: And he hasn't called me back, but he just said
• 14:43
  Speaker 7: he called his insurance company. So I'm assuming.
• 14:46
  Speaker 5: Let's see what happens and let me know, would you?
• 14:50
  Speaker 7: Okay. Hey, I appreciate you guys helping me out because
• 14:53
  Speaker 7: I can breathe a little easier now.
• 14:55
  Speaker 5: Yeah, it's only $ 1, 000. I know it's easy for me
• 14:57
  Speaker 5: to say only $ 1, 000, but luckily it wasn't a lot
• 15:00
  Speaker 5: more than that. And you were doing a job for him.
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  Speaker 5: You are his agent, and under the doctrine of respondeat superior,
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  Speaker 5: you're both liable. But you were doing his work, so
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  Speaker 5: he should pay it.
• 15:17
  Speaker 6: All right.
• 15:18
  Speaker 2: There you go. With Attorney David Beatrice, you're on the air. Hello.
• 15:21
  Speaker 8: Yes.
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  Speaker 4: Yes, Ron.
• 15:22
  Speaker 3: How are you doing? Good.
• 15:23
  Speaker 2: Go ahead.
• 15:24
  Speaker 3: Good. Yes, David.
• 15:26
  Speaker 4: Just a quick question, my friend.
• 15:28
  Speaker 7: My father passed away the end of May.
• 15:33
  Speaker 5: Sorry to hear that.
• 15:34
  Speaker 7: So my sister and I, thank you.
• 15:36
  Speaker 3: Thank you so much. So my sister and I, obviously,
• 15:40
  Speaker 3: we've been going over to the house. We're in process
• 15:43
  Speaker 3: of selling the house.
• 15:44
  Speaker 7: So we check his mail.
• 15:46
  Speaker 3: We check the mail.
• 15:48
  Speaker 7: There was a bill from the ambulance.
• 15:50
  Speaker 3: Company stating that my dad owed $ 1, 780. Am I, sister
• 15:58
  Speaker 3: and I, liable and responsible for that bill?
• 16:02
  Speaker 5: No, the estate is. Did he leave? You have to
• 16:06
  Speaker 5: open up an estate.
• 16:09
  Speaker 3: Okay, so my sister and I are the beneficiaries for
• 16:14
  Speaker 3: my dad's estate, yes.
• 16:17
  Speaker 5: Okay, how did he leave the property he's living on?
• 16:22
  Speaker 5: Did he leave it to you with joint tenants with
• 16:24
  Speaker 5: writer's survivorship?
• 16:27
  Speaker 3: He left it, what's it called, time of death?
• 16:34
  Speaker 5: Okay, joint tenancy with writer's survivorship. So the property automatically
• 16:40
  Speaker 5: transfers to you.
• 16:42
  Speaker 3: Okay.
• 16:42
  Speaker 5: Did he leave any, there's a difference between probate property
• 16:45
  Speaker 5: and non-probate property.
• 16:48
  Speaker 3: Yes, this is not probate at all.
• 16:51
  Speaker 7: I know that for a fact.
• 16:52
  Speaker 6: All right.
• 16:52
  Speaker 5: So he does not have any property to probate.
• 16:56
  Speaker 4: Okay.
• 16:57
  Speaker 5: I'm asking you. No, he does not.
• 17:00
  Speaker 7: No.
• 17:01
  Speaker 5: Okay. And no, you and your sister are not responsible
• 17:04
  Speaker 5: for that bill.
• 17:05
  Speaker 3: Okay.
• 17:07
  Speaker 2: All right.
• 17:07
  Speaker 7: Okay, so what do we do in a case?
• 17:10
  Speaker 3: Do we even attempt to mess with it, David, to
• 17:13
  Speaker 3: even call?
• 17:14
  Speaker 5: No, it's not your bill. Why would you respond to
• 17:18
  Speaker 5: something that's not your bill? It's a bill of the estate,
• 17:22
  Speaker 5: and if there's no estate opened, then they could try
• 17:26
  Speaker 5: to force an estate open, but you told me there's
• 17:29
  Speaker 5: no probate property to put in the estate, so there's
• 17:32
  Speaker 5: nothing there. Did he have any insurance or Medicare or
• 17:35
  Speaker 5: Medicaid that would pay for that?
• 17:38
  Speaker 3: He would have had to. He passed away 91 years old.
• 17:42
  Speaker 3: I know for a fact he had the Medicare and Medicaid.
• 17:45
  Speaker 5: And did he have a... I'm sorry? Did he have
• 17:50
  Speaker 5: a policy on top of the Medicare?
• 17:54
  Speaker 7: What's that?
• 17:54
  Speaker 5: Did he have a policy on top of the Medicare? I..
• 18:00
  Speaker 3: See, David, I 100% don't know.
• 18:03
  Speaker 7: I mean, my dad lived on his own, you know,
• 18:06
  Speaker 7: so I truly don't know.
• 18:07
  Speaker 5: Okay, but you're able to get into the house where
• 18:09
  Speaker 5: he lived?
• 18:11
  Speaker 4: Absolutely, yes.
• 18:12
  Speaker 5: Okay, so check and see if he had, you know,
• 18:15
  Speaker 5: did he leave a bank account?
• 18:18
  Speaker 3: Well, that's the kicker, yes. So he actually left an
• 18:25
  Speaker 3: account that my sister and I were beneficiaries on. But
• 18:31
  Speaker 3: what we did was we were told that her and
• 18:35
  Speaker 3: I should close that account and divvy up what's in
• 18:40
  Speaker 3: my dad's savings and checking account. So we did that. Okay?
• 18:46
  Speaker 5: Before he died or after he died?
• 18:49
  Speaker 3: This was after he passed away.
• 18:52
  Speaker 5: Hold on a second. Did the bank let you do that?
• 18:59
  Speaker 3: The bank absolutely let us do that, yes, because we
• 19:03
  Speaker 3: brought in the death certificate and we brought in the
• 19:06
  Speaker 3: paper stating that my sister and I are both the
• 19:10
  Speaker 3: beneficiaries on my dad's will. Yes.
• 19:14
  Speaker 5: Quit saying beneficiary because there's no estate.
• 19:18
  Speaker 3: Well, that's what was on the paper, my friend.
• 19:20
  Speaker 5: No, what was on the paper was a payable on
• 19:23
  Speaker 5: death bank account. So when you took that in, that
• 19:26
  Speaker 5: automatically went to you and your sister, just like the
• 19:30
  Speaker 5: home automatically goes to you and your sister.
• 19:33
  Speaker 7: Okay.
• 19:34
  Speaker 5: Okay, so there is no probate property that you've told
• 19:38
  Speaker 5: me about. There's nothing that he owns that you'd have
• 19:41
  Speaker 5: to open up an estate, okay, and then pass it
• 19:45
  Speaker 5: to you and your sister.
• 19:47
  Speaker 3: Okay.
• 19:47
  Speaker 4: Correct?
• 19:48
  Speaker 3: Correct. You know... here's what we needed to do. I
• 19:52
  Speaker 3: need to be specific with you, David, is that once
• 19:55
  Speaker 3: he passed, we made sure that we took the house
• 19:58
  Speaker 3: out of his name. And insurance off of him because
• 20:02
  Speaker 3: he passed away. And we ended up going down to
• 20:06
  Speaker 3: downtown Warren. And they ended up transferring the deed to
• 20:12
  Speaker 3: his house into my sister and I's name.
• 20:17
  Speaker 5: And you know how that occurred? It wasn't because you
• 20:20
  Speaker 5: were named in a will. It's because it was deeded.
• 20:23
  Speaker 5: Either he deeded himself a life estate with the remainder
• 20:26
  Speaker 5: to you and your sister, or he deeded it to
• 20:30
  Speaker 5: himself and you and your sisters as joint tenants with
• 20:33
  Speaker 5: writer's survivorship. And that's the same thing he did with
• 20:36
  Speaker 5: the bank account. So he has no probate property that
• 20:40
  Speaker 5: you've told me about, stocks, bonds, anything like that.
• 20:46
  Speaker 3: Well, he does have a lot of annuities that my
• 20:48
  Speaker 3: sister and I are actually getting funds from my dad's
• 20:54
  Speaker 3: annuities because he had us both down, I got to
• 20:59
  Speaker 3: say it, as the beneficiary to the annuities that are
• 21:03
  Speaker 3: coming in my.
• 21:04
  Speaker 5: Sister and I's nest. In other words, non-probate property. All right,
• 21:07
  Speaker 5: stand by. Everything you've described to me, he's avoiding probate.
• 21:11
  Speaker 2: Back in a minute.
• 21:11
  Speaker 11: And I'm sorry, wasn't cutting it this time, so... I
• 21:14
  Speaker 11: used Smile Tunes to write a soulful ballad about how
• 21:17
  Speaker 11: she's always right. By the second chorus, the silent treatment
• 21:20
  Speaker 11: was officially over. Visit SmileTunes.com and get out of the
• 21:23
  Speaker 11: doghouse today.
• 21:24
  Speaker 2: Transform your bathroom with a... Furnished by the program participants.
• 21:29
  Speaker 1: Now, Ron Verb on NewsRadio 570 WKBN.
• 21:35
  Speaker 2: Back to it. This is The Legal Show, longest-running legal
• 21:38
  Speaker 2: show right here on radio, brought to you by Beatrice
• 21:41
  Speaker 2: Kopp on NewsRadio 570 WKBN. And we are blessed tonight
• 21:45
  Speaker 2: to have the dean of the firm on with us,
• 21:47
  Speaker 2: Attorney David Beatrice, answering all the questions tonight and entertaining
• 21:52
  Speaker 2: us all at the same time. He's unique. All right, David,
• 21:56
  Speaker 2: are you ready?
• 21:56
  Speaker 9: I'm ready.
• 21:57
  Speaker 2: Did you finish with that guy? I mean, do you
• 21:59
  Speaker 2: have anything more to say to him or not?
• 22:00
  Speaker 5: No, no. It wasn't because he's the beneficiary of the state.
• 22:05
  Speaker 5: It was because the father made the bank accounts payable
• 22:10
  Speaker 5: on death. The father made the property transfer on death.
• 22:17
  Speaker 5: We'll say transfer on death. That's not technically the right
• 22:20
  Speaker 5: legal terminology, but we'll just say transfer on death. So
• 22:24
  Speaker 5: he has no probate property. And neither he nor his
• 22:28
  Speaker 5: sister are responsible for that bill. It's not their bill.
• 22:33
  Speaker 2: All right. There you go. I hope that answered for you, caller. Okay.
• 22:38
  Speaker 2: All right. Let's move along here. Let me see where
• 22:41
  Speaker 2: I'm at. You're on the air. Yes, Ron. No, he
• 22:46
  Speaker 2: answered your question. Okay. I got to move along. I
• 22:49
  Speaker 2: appreciate it. You're on the air.
• 22:52
  Speaker 8: Yes, I have a question. I called a few months
• 22:55
  Speaker 8: ago about this, and I have a son that lives
• 22:57
  Speaker 8: in California. I don't know if you can help me
• 22:59
  Speaker 8: on this one. We've been supporting him for many years.
• 23:06
  Speaker 8: I'm on Social Security. I have no retirement. And we're
• 23:09
  Speaker 8: out of money completely as far as helping him. He's bipolar,
• 23:15
  Speaker 8: and I have experience with bipolar. But he's never been diagnosed.
• 23:21
  Speaker 8: He won't go to the doctor's. And he also is
• 23:23
  Speaker 8: very violent.
• 23:25
  Speaker 5: This is your brother?
• 23:27
  Speaker 8: My son.
• 23:28
  Speaker 5: Your son, okay.
• 23:29
  Speaker 8: So I'm out of money. I want to give him, like,
• 23:33
  Speaker 8: 60 days. And we've already, you know, this has been
• 23:36
  Speaker 8: going on for years. I just want to give him, like,
• 23:38
  Speaker 8: maybe 60 days and 30 days to do this, 60
• 23:41
  Speaker 8: days to do this, to find work, whatever it takes.
• 23:47
  Speaker 8: Can he, if he goes, gets evicted from his apartment...
• 23:53
  Speaker 8: Can he sue us in any way because he.
• 23:58
  Speaker 7: Has mental problems and won't get a diagnosis?
• 24:00
  Speaker 5: What did you do, Ron? How old is he?
• 24:02
  Speaker 9: Can he do anything?
• 24:05
  Speaker 5: How old is he? 39.
• 24:08
  Speaker 9: He's an adult.
• 24:10
  Speaker 5: You're not responsible for him.
• 24:14
  Speaker 8: Even if he gets evicted and that's paying all these years...
• 24:17
  Speaker 8: And all of a sudden, we're out of money. We
• 24:18
  Speaker 8: can't pay no more. He can't do anything.
• 24:20
  Speaker 5: You were paying out of the goodness of your heart.
• 24:22
  Speaker 5: You had no legal or contractual obligation to make those payments.
• 24:27
  Speaker 2: Okay.
• 24:28
  Speaker 4: Gotcha.
• 24:29
  Speaker 3: Okay.
• 24:29
  Speaker 4: All right.
• 24:30
  Speaker 9: Thank you.
• 24:32
  Speaker 2: Good luck. You're on the air. Wait a second. I
• 24:35
  Speaker 2: appreciate your call. You're on the air tonight with Attorney Beatrice.
• 24:38
  Speaker 2: Hello there.
• 24:41
  Speaker 8: Hello?
• 24:41
  Speaker 5: Yes.
• 24:42
  Speaker 2: Go ahead, please.
• 24:44
  Speaker 3: Hi.
• 24:44
  Speaker 8: Hi.
• 24:46
  Speaker 12: A couple months ago, my son's father had passed, and
• 24:52
  Speaker 12: there was a will that was made out, and he
• 24:54
  Speaker 12: let his son owe his son's beneficiary. His son is
• 24:59
  Speaker 12: now being bombarded by all of his debts. Now his
• 25:04
  Speaker 12: son is calling me because my son is collecting for security,
• 25:09
  Speaker 12: and he's asking me questions I don't feel comfortable answering.
• 25:12
  Speaker 2: Hold on a second.
• 25:13
  Speaker 9: He wants to know how much my son is getting.
• 25:15
  Speaker 5: It's none of his business. Let me answer some questions
• 25:19
  Speaker 5: for you. Your son is not responsible for your father's bills.
• 25:25
  Speaker 12: Yeah, my 13.
• 25:27
  Speaker 5: He's not responsible for your father's bills. And the other
• 25:31
  Speaker 5: son doesn't have a right to know what your son
• 25:34
  Speaker 5: is earning in Social Security benefits. It's none of his business.
• 25:37
  Speaker 3: Yes.
• 25:39
  Speaker 5: So what's your question?
• 25:41
  Speaker 12: He's saying, what I'm asking is... They took all the
• 25:46
  Speaker 12: money out of his father's account, every account that he had,
• 25:51
  Speaker 12: pay off some debts. He still owes debts. And they
• 25:54
  Speaker 12: cleaned out one of his son's accounts for that debt.
• 25:58
  Speaker 12: Now he's telling me that I should be getting a
• 26:01
  Speaker 12: letter from his attorney stating that they're going to start
• 26:05
  Speaker 12: taking my 13-year-old son's security.
• 26:08
  Speaker 5: I don't think that's going to happen.
• 26:11
  Speaker 3: Okay.
• 26:11
  Speaker 5: Wait until you get the letter. I don't think that's
• 26:13
  Speaker 5: going to happen.
• 26:15
  Speaker 7: Okay?
• 26:15
  Speaker 10: Okay.
• 26:15
  Speaker 3: Okay.
• 26:16
  Speaker 12: It's a different state. He's in Kentucky, and I'm in Ohio.
• 26:20
  Speaker 5: Yeah, I just don't think that's going to happen. He's
• 26:24
  Speaker 5: just trying to get money out of you.
• 26:27
  Speaker 9: Yeah, he's trying to get money.
• 26:28
  Speaker 5: You're under no obligation to take his calls, even.
• 26:32
  Speaker 3: Oh, okay, good.
• 26:33
  Speaker 12: So I can keep ignoring his calls?
• 26:35
  Speaker 5: Yeah, look, absolutely. Is he your son, too, or is
• 26:39
  Speaker 5: he your stepson?
• 26:40
  Speaker 12: No, no, he is my stepson. He is my stepson.
• 26:44
  Speaker 12: We already married. We've never married. He said he still
• 26:48
  Speaker 12: wants to see my son.
• 26:52
  Speaker 5: No, he's going to have to go to court and
• 26:55
  Speaker 5: get an order for that.
• 26:57
  Speaker 3: Okay.
• 26:58
  Speaker 12: Yeah, he has called me three times already this week
• 27:02
  Speaker 12: and sent me text messages.
• 27:05
  Speaker 5: Just block his number. Okay, have him hire a lawyer.
• 27:08
  Speaker 5: That's good. Block his number. He's obviously causing you stress.
• 27:13
  Speaker 2: Okay?
• 27:14
  Speaker 3: Yes.
• 27:14
  Speaker 4: Yes.
• 27:15
  Speaker 3: Yes.
• 27:16
  Speaker 12: Thank you so much for your time.
• 27:17
  Speaker 2: All right.
• 27:18
  Speaker 3: Sure.
• 27:19
  Speaker 2: All right. With Attorney Beatrice, you're on the air. Hello. Yeah.
• 27:26
  Speaker 10: Thank you for taking my call. A question for you.
• 27:30
  Speaker 10: My son was picked up Friday night in Pennsylvania, lives
• 27:35
  Speaker 10: in Ohio for DUI. He did the physical test. The
• 27:43
  Speaker 10: cop had one of those cameras on his chest. He
• 27:47
  Speaker 10: told my son that he passed. My son said, great.
• 27:51
  Speaker 10: And then he told my son, would you blow into
• 27:55
  Speaker 10: the thing, into whatever you do to blow.
• 27:59
  Speaker 2: And my son refused to do that.
• 28:01
  Speaker 10: When my son refused to do that, he arrested him
• 28:04
  Speaker 10: for DUI. My son, directly after he told him, that
• 28:09
  Speaker 10: he would get arrested for DUI if he didn't blow.
• 28:13
  Speaker 10: I'm sorry, my son offered to blow afterwards, and they
• 28:18
  Speaker 10: denied him to do that. Does he have any legal stand?
• 28:22
  Speaker 10: Is there any advice you can give him?
• 28:24
  Speaker 5: Well, you've mixed up a lot of different concepts here.
• 28:29
  Speaker 5: So here's my suggestion. Your son needs a lawyer. Is
• 28:34
  Speaker 5: this your son's first DUI?
• 28:37
  Speaker 10: It is actually his second, but the first one got
• 28:40
  Speaker 10: reduced to bad driving, whatever it was.
• 28:45
  Speaker 5: Reckless operation?
• 28:47
  Speaker 10: Reckless operation, correct.
• 28:49
  Speaker 5: And how long ago was that?
• 28:52
  Speaker 10: Approximately two years ago.
• 28:54
  Speaker 5: Okay, and did he take the breathalyzer in that case?
• 28:59
  Speaker 2: No.
• 29:00
  Speaker 10: He refused everything, and the judge just gave him the
• 29:04
  Speaker 10: reckless operation.
• 29:06
  Speaker 5: We had a very good attorney at the time, that's why.
• 29:10
  Speaker 5: Your son needs a lawyer.
• 29:12
  Speaker 3: Okay.
• 29:12
  Speaker 5: How old is your son? 24. Yeah, he needs a lawyer.
• 29:16
  Speaker 2: Okay.
• 29:17
  Speaker 5: And he needs to quit drinking and driving.
• 29:20
  Speaker 10: Of course. Actually, he wasn't drinking. He had one beer,
• 29:23
  Speaker 10: and he was a designated driver, and he refused to
• 29:26
  Speaker 10: take the test.
• 29:28
  Speaker 5: Well, look, if he subjected himself to the field sobriety tests,
• 29:34
  Speaker 5: Which you're saying he did, correct?
• 29:36
  Speaker 2: And passed.
• 29:36
  Speaker 10: Yes, he agreed to do it.
• 29:37
  Speaker 6: He passed it.
• 29:39
  Speaker 5: How do you know he passed it?
• 29:41
  Speaker 10: I'm going by what he told me.
• 29:43
  Speaker 5: Of course you are. You have to see what's on
• 29:46
  Speaker 5: that body-worn camera.
• 29:49
  Speaker 10: Say that again, sir?
• 29:50
  Speaker 5: You have to see what's on that body-worn camera. You
• 29:53
  Speaker 5: have to see what the police officer wrote up in
• 29:56
  Speaker 5: the report.
• 29:57
  Speaker 7: Okay.
• 29:59
  Speaker 5: Your son needs a lawyer.
• 30:00
  Speaker 3: Okay.
• 30:02
  Speaker 10: And we have not, he did not issue him a
• 30:04
  Speaker 10: ticket on the spot. He told him it will be
• 30:06
  Speaker 10: in the mail. So we're patiently waiting. This is from
• 30:09
  Speaker 10: last Friday. We still haven't got it.
• 30:12
  Speaker 5: Well, I would wait.
• 30:13
  Speaker 10: Okay.
• 30:15
  Speaker 5: And if he mails him a ticket, you get a lawyer.
• 30:18
  Speaker 5: I would get a lawyer now.
• 30:20
  Speaker 10: All right. Thank you very much.
• 30:22
  Speaker 2: You do that, don't you, Dave? Yes, I do.
• 30:25
  Speaker 4: Okay.
• 30:27
  Speaker 2: So you might want to call their firm.
• 30:29
  Speaker 5: Okay.
• 30:29
  Speaker 10: Absolutely.
• 30:30
  Speaker 6: Thank you very much.
• 30:31
  Speaker 2: Thank you. So did I hear him right where he
• 30:36
  Speaker 2: claims he passed the roadside test, you know, put your
• 30:40
  Speaker 2: stand on one foot and all that kind of stuff.
• 30:41
  Speaker 2: Then he refused to do the breathalyzer, and then the
• 30:45
  Speaker 2: guy said, well, I'm going to do this. And then
• 30:47
  Speaker 2: after he refused, and the cop said he was going
• 30:51
  Speaker 2: to give him a DUI or something, I thought the
• 30:53
  Speaker 2: caller said he then said he would be willing to
• 30:55
  Speaker 2: take it, but it was too late. Does that sound right?
• 30:58
  Speaker 3: Yeah.
• 31:00
  Speaker 5: He's basing everything he's saying to us on what his
• 31:04
  Speaker 5: son told him.
• 31:05
  Speaker 2: Okay.
• 31:06
  Speaker 5: There are two people involved in that conversation, a police
• 31:09
  Speaker 5: officer and his son and a body-worn camera. So we
• 31:14
  Speaker 5: don't have to guess what was said. It'll be on
• 31:16
  Speaker 5: the body-worn camera. When he says, my son passed the
• 31:21
  Speaker 5: field sobriety test, that will likewise be on the body-worn camera.
• 31:26
  Speaker 2: Mm-hmm.
• 31:27
  Speaker 5: The police officer has to have probable cause to arrest
• 31:30
  Speaker 5: you for a DUI. So when he said he didn't blow,
• 31:36
  Speaker 5: I'm assuming he had already taken him to the station,
• 31:39
  Speaker 5: which means he had already placed him under arrest. And
• 31:44
  Speaker 5: he was at the station that he refused to take
• 31:46
  Speaker 5: the breathalyzer. Well, you don't get to the station by
• 31:49
  Speaker 5: driving there. You get to the station because you get
• 31:52
  Speaker 5: in the ride of the back of a police officer's
• 31:54
  Speaker 5: car handcuffed. That's how you get to the station.
• 31:59
  Speaker 2: Got it.
• 32:00
  Speaker 5: So the question becomes, at the time, did he have
• 32:04
  Speaker 5: a reasonable, articulable suspicion to pull him over? Look, I've
• 32:10
  Speaker 5: done so many of these. I don't even have to
• 32:13
  Speaker 5: read that report. I can tell you what's in that
• 32:14
  Speaker 5: police report. All right.
• 32:16
  Speaker 2: I'm ready.
• 32:18
  Speaker 5: I got behind this car. It crossed the double yellow line.
• 32:21
  Speaker 5: I initiated a traffic stop. I walked up. I smelled
• 32:24
  Speaker 5: a strong odor of alcoholic beverage. I observed the defendant
• 32:30
  Speaker 5: to have glassy eyes and slurry speech. I asked him
• 32:34
  Speaker 5: if he had anything to drink, and he said, I
• 32:35
  Speaker 5: only had two beers. He said, where are you coming from?
• 32:39
  Speaker 5: He said, I'm coming from a bar. Where are you
• 32:40
  Speaker 5: going to? I'm heading home or whatever. You want to
• 32:43
  Speaker 5: submit to a field sobriety test? Yes. Submits to a
• 32:47
  Speaker 5: field sobriety test. So chances are he admitted to drinking,
• 32:51
  Speaker 5: he smelled of alcohol, he committed a traffic offense, and
• 32:54
  Speaker 5: he failed the field sobriety test. Guess what that's called?
• 32:57
  Speaker 5: Probable cause.
• 33:01
  Speaker 2: Isn't that like you're visionary? It's like you're psychic here.
• 33:04
  Speaker 2: It's almost like you've done this for 40 years.
• 33:08
  Speaker 5: 41. Let me tell you what body-worn cameras have done.
• 33:16
  Speaker 5: They have kind of evened out the field because... I
• 33:19
  Speaker 5: have a case. What was on the police report and
• 33:23
  Speaker 5: what I witnessed on the body-worn camera, I was like,
• 33:28
  Speaker 5: I said, I want to make sure I'm not, you know,
• 33:31
  Speaker 5: have a jaundiced eye looking at this. All the other
• 33:34
  Speaker 5: lawyers look at it and they go, yeah, that report
• 33:36
  Speaker 5: looks nothing like that body camera.
• 33:42
  Speaker 2: So it benefited you.
• 33:45
  Speaker 5: It benefits you and it hurts you. I mean, everything
• 33:48
  Speaker 5: you say gets picked up. So here, look, when you
• 33:52
  Speaker 5: get pulled over, okay, you're only obligated to do four things.
• 33:59
  Speaker 5: First of all, what you should not do is argue
• 34:03
  Speaker 5: with a police officer on the side of the road
• 34:04
  Speaker 5: about your constitutional rights because you're not going to win.
• 34:09
  Speaker 5: That's not where you litigate that issue, okay? If he
• 34:15
  Speaker 5: asks for a driver's license, you've got to give him
• 34:16
  Speaker 5: a driver's license. If he asks for your registration, you've
• 34:18
  Speaker 5: got to give him the registration. If he asks for
• 34:20
  Speaker 5: your insurance, you've got to give him the insurance. And
• 34:22
  Speaker 5: if he asks you to get out of the car,
• 34:25
  Speaker 5: get out of the car. And if you don't get
• 34:26
  Speaker 5: out of the car, you're coming out of that car
• 34:28
  Speaker 5: one way or another, voluntarily or involuntarily.
• 34:32
  Speaker 2: Okay?
• 34:33
  Speaker 5: Now, once you're out of the car and he starts
• 34:35
  Speaker 5: questioning you, people think they have to be like an
• 34:39
  Speaker 5: altar boy and tell the truth about everything. You're not
• 34:42
  Speaker 5: allowed to lie to a police officer, but you can
• 34:44
  Speaker 5: invoke your right to remain silent. Have you been drinking, sir? Officer,
• 34:50
  Speaker 5: I invoke my right to remain silent. Where are you going? Officer,
• 34:56
  Speaker 5: I invoke my right to remain silent. At that point,
• 35:00
  Speaker 5: the police officer has to make a determination, if you've
• 35:03
  Speaker 5: not subjected yourself to field sobriety tests, as to whether
• 35:06
  Speaker 5: or not there's probable cause to arrest you for a DUI.
• 35:11
  Speaker 5: And it's a scale. So the judge looks at a
• 35:15
  Speaker 5: number of things. Refusing the field sobriety test is one
• 35:19
  Speaker 5: thing the judge can look at. But the judge also
• 35:22
  Speaker 5: could see the body-worn camera. Now, I'm going to tell
• 35:26
  Speaker 5: you something. Sober, you'd have a hard time passing those
• 35:32
  Speaker 5: field sobriety tests. I'm not kidding you.
• 35:34
  Speaker 2: Particularly at my age.
• 35:35
  Speaker 5: Stand up, put your legs together, put your arms down,
• 35:38
  Speaker 5: hold your foot up for six inches. And see if
• 35:41
  Speaker 5: you don't sway.
• 35:45
  Speaker 2: Sober.
• 35:46
  Speaker 5: Okay? So they're designed to make you fail. I mean,
• 35:52
  Speaker 5: right now, Ron, stand up. Put your feet together. Put
• 35:55
  Speaker 5: your arms down to your side and raise your foot
• 35:57
  Speaker 5: up six inches and start counting 1,000, 2,000. I got
• 36:02
  Speaker 5: to a client that got to 14,000. He goes, keep counting.
• 36:04
  Speaker 5: I'm going, how long did you have to stand on
• 36:06
  Speaker 5: one foot? Then he put down, she failed the test.
• 36:17
  Speaker 5: i want you to walk heel to toe on a
• 36:21
  Speaker 5: line and not sway.
• 36:24
  Speaker 2: No i agree i agree with everything you're saying it
• 36:26
  Speaker 2: would be hard at at my age to pass one.
• 36:29
  Speaker 5: It'd be hard at any age especially if you're nervous
• 36:34
  Speaker 5: okay or you've been in an accident i mean look
• 36:39
  Speaker 5: you get pulled over you're very nervous that's gonna affect
• 36:43
  Speaker 5: your balance it's gonna affect your judgment When you're stressed, okay?
• 36:49
  Speaker 5: So the minute they smell alcohol, they jump to the
• 36:57
  Speaker 5: immediate conclusion that you are drinking and driving. The law
• 37:02
  Speaker 5: prohibits you from impaired driving. It does not prohibit you
• 37:07
  Speaker 5: from drinking and driving. You just cannot be over the
• 37:10
  Speaker 5: legal limit or be an impaired driver. And a minor
• 37:14
  Speaker 5: traffic offense with an odor of alcohol and not much else,
• 37:19
  Speaker 5: it's a 50-50 call as to whether or not he
• 37:23
  Speaker 5: has probable cause. When he's talking to you and you're
• 37:27
  Speaker 5: admitting to drinking, you're giving him the probable cause he
• 37:31
  Speaker 5: needs to arrest you.
• 37:36
  Speaker 2: So maybe you shouldn't say that.
• 37:39
  Speaker 5: I invoke my right to remain silent. It is not
• 37:42
  Speaker 5: the government's business where you are at. It is not
• 37:46
  Speaker 5: the government's business where you are going. You have freedom
• 37:49
  Speaker 5: of travel in this country. Most crimes, do you know
• 37:53
  Speaker 5: how police officers solve most crimes? Someone takes their upper
• 37:57
  Speaker 5: lip and their lower lip and they start talking.
• 37:59
  Speaker 2: All right.
• 38:05
  Speaker 5: May I search your car? No, you do not have
• 38:07
  Speaker 5: consent to search my car, okay? I had a client
• 38:12
  Speaker 5: who he gave the officer consent to search his crime.
• 38:15
  Speaker 5: They found drugs. I said, did you know the drugs
• 38:17
  Speaker 5: are in there? And he goes, yeah. I go, why
• 38:18
  Speaker 5: did you give him consent? He goes, well, he was
• 38:21
  Speaker 5: going to search it anyhow. I go, well, why did
• 38:24
  Speaker 5: he ask consent if you felt he was going to
• 38:26
  Speaker 5: search it anyhow? Why did you make it easy on him? Well,
• 38:31
  Speaker 5: I thought if I agreed to it, he wouldn't do it. Oh,
• 38:34
  Speaker 5: so he was just asking you a perfunctory, like a
• 38:37
  Speaker 5: perfunctory question like, Hey, what day is it? Is it Wednesday?
• 38:41
  Speaker 5: I mean, it's amazing. And then people are ignorant with
• 38:49
  Speaker 5: police officers. You could be respectful, okay? Because when you're
• 38:55
  Speaker 5: in a courtroom, when you're in the sterile courtroom, that
• 38:59
  Speaker 5: tape looks a lot different than when you're on the
• 39:02
  Speaker 5: side of the road. I mean, it does. So when
• 39:06
  Speaker 5: you're shitty to the cop– excuse my mouth– It doesn't
• 39:10
  Speaker 5: look good. You can be respectful and still exercise your
• 39:16
  Speaker 5: right to remain silent. And if they're good trained officers,
• 39:23
  Speaker 5: they will respect that right. I just had a case recently.
• 39:28
  Speaker 5: They cuffed my client, threw him in the back of
• 39:29
  Speaker 5: the car. took him to the police station, never read
• 39:32
  Speaker 5: him his rights. They get him to the police station,
• 39:34
  Speaker 5: they start questioning him. Never read him his rights. That's
• 39:38
  Speaker 5: a custodial interrogation. Every answer is suppressible.
• 39:47
  Speaker 2: All right. Let's take some more calls with Attorney Beatrice.
• 39:49
  Speaker 2: You're on the air. Line one. Hello.
• 39:55
  Speaker 4: Hello.
• 39:55
  Speaker 2: Yeah. What's your question, please?
• 39:57
  Speaker 6: Quickly.
• 39:59
  Speaker 4: Yeah. If I invite you onto my property and I
• 40:04
  Speaker 4: have insurance and you get hurt, is it my fault?
• 40:13
  Speaker 4: I mean, do I have to pay?
• 40:16
  Speaker 5: Okay, this is the biggest misnomer.
• 40:21
  Speaker 4: Well, here's the reason why I ask.
• 40:23
  Speaker 5: This is the biggest misnomer in the law.
• 40:25
  Speaker 2: Go ahead.
• 40:26
  Speaker 5: Just because someone gets hurt on your property doesn't mean
• 40:30
  Speaker 5: you're liable. Just because you fall at a business does
• 40:35
  Speaker 5: not mean they're liable. They have to have done something
• 40:40
  Speaker 5: that fell below a standard of care. So if someone
• 40:44
  Speaker 5: gets hurt on your property... and you've not done anything,
• 40:47
  Speaker 5: it is not your fault.
• 40:50
  Speaker 2: All right. How'd they get hurt? Call her real quick here.
• 40:56
  Speaker 4: Well, yeah, no, the reason why I ask is, you know,
• 41:03
  Speaker 4: when there's an advertised auction, and down at the bottom
• 41:10
  Speaker 4: of the auction it gives the auctioneer's name, And then
• 41:15
  Speaker 4: it says we're not responsible for accidents. Well, if I'm
• 41:21
  Speaker 4: invited on your property, I think you should be responsible
• 41:27
  Speaker 4: if I get hurt.
• 41:28
  Speaker 5: I'm glad you think that, but that's not the law.
• 41:30
  Speaker 2: Thank you for your call. Okay. Appreciate it. With Attorney Beatrice,
• 41:34
  Speaker 2: you're on the air.
• 41:36
  Speaker 8: Oh.
• 41:37
  Speaker 2: Yes. What's your question, please?
• 41:39
  Speaker 9: I live in a neighborhood that's private drive. and the
• 41:43
  Speaker 9: lots are approximately 100 feet. My neighbor built a garage.
• 41:48
  Speaker 5: The building code.
• 41:49
  Speaker 9: Says garages are supposed to be built behind the living
• 41:52
  Speaker 9: quarters or not any further than the living quarters and
• 41:55
  Speaker 9: 10 feet off the property line. Well, my neighbor built
• 41:58
  Speaker 9: a garage about 30 feet from the road, the private road,
• 42:03
  Speaker 9: and 18 inches off my property line. I try not
• 42:06
  Speaker 9: to be rude or or cause a neighborhood problem over
• 42:11
  Speaker 9: it because we are friends.
• 42:13
  Speaker 2: All right. Do you have zoning where you live?
• 42:17
  Speaker 3: Yes.
• 42:18
  Speaker 2: Okay. David?
• 42:21
  Speaker 9: Zoning requires 50 feet back or at least 50 feet
• 42:25
  Speaker 9: off the road or no closer than the living quarters.
• 42:28
  Speaker 2: Of the house.
• 42:29
  Speaker 5: For what?
• 42:32
  Speaker 2: For a garage.
• 42:34
  Speaker 9: For a garage. He's 18 inches off the garage, off
• 42:37
  Speaker 9: the property line, and no more than 30 feet From
• 42:39
  Speaker 9: the road.
• 42:40
  Speaker 2: Doesn't sound like the zoning. He meant zoning, David.
• 42:43
  Speaker 10: Well, he never got permits.
• 42:44
  Speaker 9: He never did get permits.
• 42:47
  Speaker 5: You're not allowed to build stuff without getting permits. You
• 42:51
  Speaker 5: have to get permits to build on your property.
• 42:54
  Speaker 7: He didn't.
• 42:55
  Speaker 5: He didn't.
• 42:56
  Speaker 9: And now we look at a garage.
• 42:58
  Speaker 2: Okay, just hang on. I'm running out of time. Dave,
• 43:00
  Speaker 2: what should he do?
• 43:00
  Speaker 5: Okay, so he didn't follow the law. There's going to
• 43:02
  Speaker 5: be consequences to that.
• 43:04
  Speaker 2: So call the zoning office, right, Dave?
• 43:07
  Speaker 5: Well, I think he should call the zoning office.
• 43:11
  Speaker 2: Quickly? Get a lawyer.
• 43:16
  Speaker 5: How about that?
• 43:17
  Speaker 2: Get a lawyer. All right.
• 43:18
  Speaker 5: Put a building up, spent all that money and didn't
• 43:20
  Speaker 5: get a permit. Now they're citing for something.
• 43:22
  Speaker 2: Thank you, David.