Latest / WCHS Network Podcasts / 08/08/2024 Ask the Lawyer with Tom Peyton
Transcript
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- 0:26Speaker 3: Put the power of Peyton on the side.
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- 0:50Speaker 5: Of babes Hey, very fuch a. Good morning to you.
- 0:53Speaker 5: Are listening to the fight where you can put the
- 0:55Speaker 5: power of patent on your side. You're listening to five ADWCHS.
- 0:58Speaker 5: The voice Charles and I'm del Cooper. Tom Peyton from
- 1:01Speaker 5: the Paithon Law Firm is in studio with us this
- 1:02Speaker 5: morning time. Good morning, ho are you doing this?
- 1:03Speaker 6: Good morning? The power of Peyton is here. I'm glad
- 1:05Speaker 6: to be here. Take any questions or calls you might have.
- 1:08Speaker 5: So whatever you may have that you want to ask
- 1:11Speaker 5: Tom about, you welcome. We gives a call this morning
- 1:12Speaker 5: three zero four three four five fifty fifty eight three
- 1:14Speaker 5: four five fifty fifty. You can text over questions if
- 1:16Speaker 5: you like as well to three zero four nine three
- 1:17Speaker 5: five five zero zero eight three zero four nine three
- 1:20Speaker 5: five five zero zero eight More on the Peyton Law
- 1:22Speaker 5: Firm online. It's Payton Lawfirm dot com. P E y
- 1:23Speaker 5: t O in Payton Lawfirm dot com. So what's going on, Tom?
- 1:26Speaker 3: Yeah?
- 1:26Speaker 6: I hope we get some calls, you know, just I
- 1:28Speaker 6: really like doing the show. Gives me the what thirty
- 1:31Speaker 6: nine minutes and thirty seconds to.
- 1:33Speaker 4: Just talk about, right, bro, whatever you want to It's.
- 1:35Speaker 6: Not going to be start a little bit late after
- 1:36Speaker 6: the news, but close to that. But you know, just
- 1:39Speaker 6: we are really busy at the office, and I don't
- 1:41Speaker 6: mind answering folks in general questions like we do on here.
- 1:43Speaker 6: It's just sometimes obviously the litigation is intense and we
- 1:48Speaker 6: have to give priority to our current clients. So I
- 1:51Speaker 6: really like getting this break where I don't have to
- 1:52Speaker 6: worry about anything else but hopefully answering some questions or
- 1:56Speaker 6: inquiries from folks. I know, I was with Jeff last
- 1:59Speaker 6: week kind of just want to do a quick follow up.
- 2:02Speaker 6: We spent most of the time on the subject, and
- 2:05Speaker 6: I don't think we need to beat a dead horse,
- 2:07Speaker 6: but it was about the agreed it is important when
- 2:09Speaker 6: you get the Greenbrier now the hotel up for public
- 2:13Speaker 6: sale as a result of a non judicial foreclosure proceeding.
- 2:18Speaker 6: I think it's August twenty seventh, if I remember off
- 2:20Speaker 6: the top of my head. But you know, there was
- 2:22Speaker 6: some questions posed to Governor Justice about that, and you know,
- 2:25Speaker 6: he poo pooted it as fake news, and I think
- 2:28Speaker 6: he maybe even a public statement saying it was some
- 2:32Speaker 6: kind of democratic machine conspiracy or something, which I thought
- 2:36Speaker 6: was ridiculous when it's coming from JP Morgan Bank, which
- 2:41Speaker 6: I don't know what their holdings are rebellions probably, so
- 2:45Speaker 6: I don't think they're doing that. But and then we
- 2:50Speaker 6: also talked about how these virtual briefings they have barred
- 2:55Speaker 6: Brad Michael Haney from doing any He can't participate just
- 2:59Speaker 6: because he asked the questions that they don't like, which
- 3:01Speaker 6: I think is shameful and dangerous to the people of
- 3:05Speaker 6: West Virginia to start censoring reporters just because they ask
- 3:09Speaker 6: a question you don't like. That's the opposite of the
- 3:13Speaker 6: way it should be in my opinion, unless you have
- 3:14Speaker 6: a rogue reporter just harassing or interrupting and things like that.
- 3:18Speaker 6: And certainly Brad was not doing that. In fact, as
- 3:20Speaker 6: I understand it, when you're allowed to participate as a
- 3:23Speaker 6: member of the press, and those virtual briefings, once you
- 3:26Speaker 6: asked your question.
- 3:27Speaker 4: They mute you, so there's no no follow up.
- 3:29Speaker 6: Follow up questions, which are our key if you really
- 3:32Speaker 6: want to get try to get meaningful information. But subsequent
- 3:37Speaker 6: to our share last week, you know what had happened
- 3:40Speaker 6: was David Morgan Bink either assigned or sold the debt
- 3:43Speaker 6: to another entity known as Beltway Capital, and then they're
- 3:47Speaker 6: the ones that are apparently moving forward with the default
- 3:52Speaker 6: and the foreclosure and as if it was just some
- 3:54Speaker 6: kind of thing that came on real quickly. But there's
- 4:00Speaker 6: litigation regarding this debt in New York. It's actually in the.
- 4:06Speaker 4: Somewhere.
- 4:07Speaker 6: I don't know which court it is, but they have
- 4:09Speaker 6: a different like the Supreme Court in New York I
- 4:11Speaker 6: think is more like.
- 4:11Speaker 4: Their trial court.
- 4:13Speaker 6: But in any event, there was an exhibit filed in
- 4:15Speaker 6: that case, and it's back from April of this year,
- 4:19Speaker 6: and it's noting that they had multiple kind of modification agreements,
- 4:25Speaker 6: the most recent one being in December twenty twenty three,
- 4:29Speaker 6: and it's not addressed to the Governor, but it's addressed
- 4:32Speaker 6: to JAMEC. Justice, the second, which I assume is Governor
- 4:36Speaker 6: Justice's son. And it's very clear that JP Morgan Chase
- 4:40Speaker 6: Bank had tried to work with them despite I think
- 4:43Speaker 6: this was the sixth amended modification agreement. Then there weren't
- 4:47Speaker 6: payments made.
- 4:48Speaker 4: There was a.
- 4:49Speaker 6: Reduction, as I understand, a negotiated excuse me. It's at
- 4:54Speaker 6: least implied in the letter, and there's an amount applied
- 4:57Speaker 6: that it was a reduced, subtle amount that could be
- 4:59Speaker 6: paid to either pay off the debt or cure the
- 5:02Speaker 6: default of ten million, four hundred thousand dollars that is
- 5:06Speaker 6: now off the table based on this letter from April.
- 5:10Speaker 6: It notes that interest payments and principal payments hadn't been made,
- 5:13Speaker 6: so just again reserving JP Morgan's rights to enforce the
- 5:17Speaker 6: debt because this new agreement had been defaulted upon. So
- 5:22Speaker 6: it's not something that should have been a surprise to
- 5:26Speaker 6: the Justice family, I wouldn't think. And then this Beltway Capital.
- 5:31Speaker 6: I looked them up and they're essentially a financial entity
- 5:37Speaker 6: that's willing to take on you bad bad bye, Bob,
- 5:39Speaker 6: bad debt, right, potentially bad debt, and they market it
- 5:42Speaker 6: to primary lenders by hey, are you tired of servicing
- 5:46Speaker 6: this loan?
- 5:48Speaker 4: And that kind of thing? Which is and you can.
- 5:50Speaker 6: So it's not some I don't believe it's some conspiracy
- 5:56Speaker 6: between two rather large financial entities. It looks like from
- 5:59Speaker 6: a satellite view that you know, JP Morgan Bank is
- 6:02Speaker 6: tired of dealing with this, and they're not necessarily in
- 6:06Speaker 6: the business of litigating or foreclosing on property, and so
- 6:10Speaker 6: they've in essence most likely cut their losses and sold
- 6:13Speaker 6: the debt to another entity who's using Beltway Capital to
- 6:18Speaker 6: do the foreclosures. So all this, you know, claim that
- 6:22Speaker 6: it was sudden and unknown and a breach of some agreement.
- 6:25Speaker 6: You know, Justice or his entities are the ones that
- 6:29Speaker 6: breach the agreement according to this letter, And so we'll
- 6:31Speaker 6: see it's just a if. They made a public statement
- 6:34Speaker 6: last week actually right before our show, and I didn't
- 6:36Speaker 6: really have a chance to read it very well. That
- 6:39Speaker 6: did not address any specifics. So when you see that
- 6:41Speaker 6: kind of public statement that ignores specific facts that are important,
- 6:46Speaker 6: always question it. And then it was it was part
- 6:49Speaker 6: of the statement was attributed to a lawyer in a
- 6:51Speaker 6: law firm, and then the gazette actually had an article
- 6:55Speaker 6: later that week and or this week. We're at least
- 6:57Speaker 6: an assistant in that law firm when called said that
- 7:00Speaker 6: statement isn't attributable to us. We don't know where where
- 7:04Speaker 6: that came from. So that's also highly unusual. But doesn't
- 7:08Speaker 6: sound like there'll be any questions regarding that. I don't
- 7:11Speaker 6: know that there's another virtual briefing, said, I was kind
- 7:14Speaker 6: of hoping there would be a virtual breething so they
- 7:16Speaker 6: can see if the pony's there, right, he's got the dog, yeah, right,
- 7:19Speaker 6: so he just needs the pony and he can have
- 7:21Speaker 6: his dog.
- 7:22Speaker 4: That's right.
- 7:23Speaker 5: But one thing I don't want to insert myself too
- 7:25Speaker 5: much in this conversation, but I do have a little
- 7:26Speaker 5: bit of experience. I worked mortgages for years and years,
- 7:29Speaker 5: and one of the things that is familiar to me
- 7:31Speaker 5: with this is a lender working with someone in foreclosure
- 7:35Speaker 5: number one. They work with them a lot, and a
- 7:38Speaker 5: private citizen with like a two hundred thousand dollars mortgage
- 7:40Speaker 5: may not get this same opportunity to try again and
- 7:44Speaker 5: try again, and try again and try again before you
- 7:46Speaker 5: get it going into foreclosure. And then the other thing
- 7:48Speaker 5: is is this is very typical where you have somebody
- 7:51Speaker 5: who's like a prime lender, somebody who holds their own
- 7:54Speaker 5: paper when it's a paper, when it degrades to like
- 7:57Speaker 5: you know, b paper or all the way down, they
- 7:59Speaker 5: package it up and sell it over to other entities
- 8:01Speaker 5: who service bad paper. That's in fact, that's what God
- 8:03Speaker 5: is into trouble with the h with the the financial problems,
- 8:07Speaker 5: with the mortgages and stuff. There was too much bad
- 8:09Speaker 5: paper being sold. So this is a very.
- 8:11Speaker 4: Normal Cutters in two thousand and eight, Yeah, exactly.
- 8:13Speaker 5: This is a very normal kind of transaction when bad
- 8:16Speaker 5: paper and it's bad papers, that's right.
- 8:17Speaker 6: And it's you know, it's the sixth Amended Modification Agreement,
- 8:22Speaker 6: so you know they didn't they didn't reach agreement one day,
- 8:24Speaker 6: and another one next day, another on the next day.
- 8:26Speaker 4: I assume this has.
- 8:27Speaker 6: Been going on for a number of years here where
- 8:29Speaker 6: there's been problems and it's unfortunate.
- 8:32Speaker 4: I hope.
- 8:33Speaker 6: I do think that if it does go to public
- 8:36Speaker 6: foreclosure sale and someone buys it, it probably will have
- 8:39Speaker 6: to continue to operate similar to how it is, although
- 8:43Speaker 6: if it's not making profit then or even enough revenue
- 8:48Speaker 6: to pay costs, that that could be a problem. They'll
- 8:51Speaker 6: probably be a change in some form. But because it
- 8:54Speaker 6: doesn't include the foreclosed the collateral does not include the
- 8:58Speaker 6: golf courses and yeah, yeah other things, then you know,
- 9:01Speaker 6: I don't know what you would do with the Greenbrier
- 9:03Speaker 6: Hotel other than continue to operate it as a hotel
- 9:06Speaker 6: with these other amenities with some kind of partnership agreement.
- 9:09Speaker 6: So we'll see how it plays out. It's it's I
- 9:12Speaker 6: hope it doesn't result in, you know, the shuddering of
- 9:14Speaker 6: the Greenbrier, even temporarily, and not I have faith that
- 9:17Speaker 6: it won't. But it's it's certainly news and not not
- 9:20Speaker 6: fake things, yeah, which was it was labeled as by
- 9:25Speaker 6: the Governor's office. So but anyway back to well the.
- 9:29Speaker 5: Things we can move. If you have other questions, of course,
- 9:31Speaker 5: you give us a call. Three zero four three four
- 9:32Speaker 5: five fifty fifty eight three four five fifty fifty eight.
- 9:34Speaker 5: You can text threes or four nine, three, five five here.
- 9:36Speaker 4: Yeah, back to the law.
- 9:37Speaker 6: Maybe we'll you know, we talk about what we do
- 9:39Speaker 6: a little bit. You know, we are our bread and
- 9:41Speaker 6: butter is trial work, litigation on behalf of normal everyday folks.
- 9:45Speaker 6: So if you've been in an automobile accident, or you
- 9:48Speaker 6: have a hopefully not you have a family member passed
- 9:53Speaker 6: away and a life insurance claim is denied for example,
- 9:55Speaker 6: or your homeowner's insurance claim is denied. Uh, those the
- 9:59Speaker 6: type of cases that are our bread and butter, and
- 10:01Speaker 6: we tend to do really well with them. We've been
- 10:03Speaker 6: doing them combined experience over fifty years and we like,
- 10:09Speaker 6: I enjoy trying cases to jurys. You can kind of
- 10:12Speaker 6: think about it as you know, it's different, but you
- 10:17Speaker 6: know it's like the game. So you practice practice, practice.
- 10:20Speaker 6: The trial is your game. And you know, we feel
- 10:22Speaker 6: like we're game players and we've done well. Dad and
- 10:25Speaker 6: I when we've tried cases jointly. I don't know that
- 10:28Speaker 6: we've gotten a bad result. Honestly, nobody wins every case.
- 10:32Speaker 6: If they do, then they may have tried one case
- 10:35Speaker 6: because that's that's not realistic, or you just miss any
- 10:40Speaker 6: risky case before it ever gets to trial, and we
- 10:41Speaker 6: certainly don't don't do that, but if you've had a
- 10:44Speaker 6: friend or family member with that situation, all we'd ask
- 10:47Speaker 6: is you consider our law firm. We don't do a
- 10:49Speaker 6: bunch of TV ads at noon or on the TV
- 10:52Speaker 6: news very much or at all, frankly, and most of
- 10:55Speaker 6: our business actually comes from word of mouth and referrals
- 10:58Speaker 6: and the radio because we've done it for so long
- 11:00Speaker 6: and so. But we have the resources, especially with technology,
- 11:07Speaker 6: to compete with any firm of any size that's defending
- 11:10Speaker 6: one of these large insurance companies, and we're fairly selective
- 11:16Speaker 6: because we're a smaller firm. We are fairly selective in
- 11:19Speaker 6: the cases that we take. You know, we can't, for example,
- 11:22Speaker 6: you get an automobile accident that just involves some property damage. Well,
- 11:24Speaker 6: I'm glad to tell you what the law is and
- 11:26Speaker 6: what you might expect no charge, but we can't take
- 11:29Speaker 6: that type of case, and you wouldn't want us to
- 11:31Speaker 6: because we're going to have to take one third of
- 11:34Speaker 6: what you recover. Then you can't get your car repaired,
- 11:36Speaker 6: for example, or you pay us by the hour, and
- 11:39Speaker 6: that doesn't make any sense. Most of the time unless
- 11:41Speaker 6: you want to operate on principle, but that usually breaks
- 11:44Speaker 6: down when you start analyzing the fiances of that situation.
- 11:47Speaker 6: But we also do you know, when we use some
- 11:50Speaker 6: so security disability. We're not a mill of those cases.
- 11:54Speaker 6: We don't have a thousand of them. I'm fairly selective
- 11:56Speaker 6: on those that I take as well. I want to
- 11:58Speaker 6: take the ones that I think have a reasonable chain
- 12:00Speaker 6: of success. And if I don't think they have a
- 12:01Speaker 6: reasonable chance of success, I tell the client. I don't
- 12:04Speaker 6: tell them that we don't have time or anything like that,
- 12:06Speaker 6: just be honest. And there they're free to call other
- 12:09Speaker 6: attorneys and ask their opinion as well. But we do
- 12:13Speaker 6: and then we do deeds, wills, stake planning, a lot of
- 12:16Speaker 6: small business work, you know, do some business transactions. You
- 12:19Speaker 6: got a small business and maybe you want to sell
- 12:20Speaker 6: it and see what that involves, or you got a
- 12:23Speaker 6: local business partner and things aren't going well. You want
- 12:26Speaker 6: to see the lay of the land. I've tried a case,
- 12:28Speaker 6: for example, in Putnam County probably six years ago to
- 12:31Speaker 6: a jury where it was a breakup of an LLC,
- 12:34Speaker 6: a limited liability company, and there was some questions of
- 12:38Speaker 6: fact about whether one of the partners in loan money
- 12:41Speaker 6: to it and what the business was valued at. And
- 12:43Speaker 6: we actually had a jury decide that answered them what
- 12:46Speaker 6: they call specially interrogatories and interesting case actually the jury,
- 12:49Speaker 6: that's the one that's the latest I've been up for
- 12:52Speaker 6: a jury. Uh it was Thursday, I think, before the
- 12:55Speaker 6: July fourth holiday, so they didn't want to come back
- 12:57Speaker 6: on Friday, and uh at about nine thirty of the
- 13:01Speaker 6: evening they were still deliberating and asked if we could
- 13:02Speaker 6: order them pizza, and we did, and then they came
- 13:06Speaker 6: back with a verdict about twelve thirty. But that's a
- 13:09Speaker 6: good example of kind of something outside the box that
- 13:12Speaker 6: we do. And so if you've got any issues like that,
- 13:16Speaker 6: don't hesitate to give us a call or send us
- 13:17Speaker 6: an email. We get really busy at times if I'm
- 13:21Speaker 6: in trial, I can't return all the calls from folks
- 13:23Speaker 6: that have questions. But we will get back with you.
- 13:26Speaker 6: And if you don't get a response in what you
- 13:28Speaker 6: view as a timely manor just follow up with us
- 13:30Speaker 6: and we'll be glad to give you some information. Of course,
- 13:33Speaker 6: this is a good opportunity where I am available, So
- 13:35Speaker 6: if you have some general questions or issues, then you
- 13:38Speaker 6: can give us a call or send us a text.
- 13:39Speaker 4: And actually before I went on the.
- 13:40Speaker 6: Air, we had a yeah, that's right, a question. It
- 13:43Speaker 6: was a landlord tenant type issue. And I don't do
- 13:46Speaker 6: a lot of those, but I do do some of
- 13:47Speaker 6: them sometimes in eviction for a small.
- 13:52Speaker 4: Don't do any math.
- 13:53Speaker 6: You know, none of these big landlords that have these
- 13:55Speaker 6: large buildings that are out of state conglomerates. But if
- 13:58Speaker 6: you know mom and pop type deal are running this
- 14:01Speaker 6: home we bought, or we've got a you know, a
- 14:03Speaker 6: tenant in a commercial building, then you know we knew
- 14:05Speaker 6: how to handle those cases as far as evictions and
- 14:09Speaker 6: what your legal rights are. And so the question this
- 14:11Speaker 6: morning was about an air conditioner that went out at
- 14:17Speaker 6: a renter's apartment. So I assume when the word apartment
- 14:19Speaker 6: is used that means it's a residential unit, because there's
- 14:22Speaker 6: some different principles that apply depending on whether it's a
- 14:26Speaker 6: commercial transaction, meaning you're renting to a business versus a
- 14:31Speaker 6: consumer type lease where you're renting for someone to live there.
- 14:35Speaker 6: And the question was kind of who is responsible to
- 14:39Speaker 6: get the air conditioning fixed? So first you got to
- 14:41Speaker 6: look at do you have a lease? Well, you probably
- 14:45Speaker 6: do have a lease, because you're letting somebody live in
- 14:47Speaker 6: property that you own and they're paying you. So it
- 14:51Speaker 6: could be a verbal lease, which we don't generally like
- 14:54Speaker 6: because then there is ambiguity and there's fights over what
- 14:58Speaker 6: the terms are.
- 14:59Speaker 4: And the the more.
- 15:00Speaker 6: Ambiguity you have and the more gray areas you have
- 15:04Speaker 6: on what the legal obligations are between the tenant and
- 15:06Speaker 6: the landlord, the more likely you're gonna have to pay
- 15:08Speaker 6: a lawyer to try and work it out later, and
- 15:11Speaker 6: it might get all the way to a trial if
- 15:13Speaker 6: you don't work it out.
- 15:14Speaker 4: So I do.
- 15:16Speaker 6: I do suggest that anyone who rents property get a
- 15:21Speaker 6: written even potentially if it's a family member, get a
- 15:25Speaker 6: written lease document, even if it's rudimentary. If you can't
- 15:28Speaker 6: afford to pay a few hundred dollars to have a
- 15:29Speaker 6: lawyer to a basic residential lease, get something in writing
- 15:33Speaker 6: so you you know the basics, so you know your
- 15:36Speaker 6: rights and responsibilities. So in this response or in response
- 15:39Speaker 6: to this question, first you got to read the lease
- 15:42Speaker 6: terms and see what the obligations are like. Oftentimes, uh,
- 15:46Speaker 6: in residential leases, maybe the tenant is responsible for things
- 15:50Speaker 6: inside the living space, but you get to roof structure,
- 15:55Speaker 6: HVAC systems, those are commonly the response onsibility of the
- 16:01Speaker 6: landlord and the property owner, because to repair that enters
- 16:04Speaker 6: to the benefit of the landowner. Eventually, when the least
- 16:07Speaker 6: term ends as opposed to you know, things inside the home,
- 16:12Speaker 6: a hole in the wall or or you know, problem
- 16:14Speaker 6: with furniture or something like that, or maybe an internal
- 16:17Speaker 6: leak with a faucet, all depends, so that one's a
- 16:22Speaker 6: little bit I don't know the terms of the least
- 16:25Speaker 6: In order to give more reliable information and response to
- 16:27Speaker 6: this question, I think from the question that, of course
- 16:34Speaker 6: it is the landlord responsible to get it fixed in
- 16:36Speaker 6: a timely manner. Well, if it's the landlord responsibility, certainly
- 16:41Speaker 6: they have a general duty of good faith to attempt
- 16:45Speaker 6: to get it repaired in a timely manner. And then
- 16:47Speaker 6: this question has some reference to the contractor being delayed
- 16:49Speaker 6: because of COVID, Whether it's the contractor's responsibility, that's difficult
- 16:55Speaker 6: to say that would really be so in this situation.
- 16:59Speaker 6: Let's take this hypothetical a little bit further. The tenant,
- 17:04Speaker 6: you know, it's ninety five degrees, there's no, ac it's dangerous.
- 17:07Speaker 6: They've got to move into a hotel to live. And
- 17:09Speaker 6: then the landlord won't compensate them, either via a reduction
- 17:12Speaker 6: of rent or a payment of out of pocket expenses.
- 17:16Speaker 6: So the tenant sues the landlord. Okay, landlord says, well,
- 17:19Speaker 6: what I tried, But the contractor got hired and have
- 17:24Speaker 6: a contract with said they would do it within three
- 17:25Speaker 6: days and they haven't shown up for six weeks, and
- 17:28Speaker 6: I can't get anybody else do the work because everybody's
- 17:29Speaker 6: so busy and backed up, and there's material supply issues,
- 17:32Speaker 6: and so then what would probably happen there Because the
- 17:37Speaker 6: tenant doesn't really have a relationship with that contractor, they
- 17:40Speaker 6: can bring them in to the case if they want
- 17:43Speaker 6: an attempt to make a claim against them, but they
- 17:45Speaker 6: don't really have a contract with them. There's some legal
- 17:50Speaker 6: principles that could make them responsible to the tenant, but
- 17:52Speaker 6: more likely it'd be the landlord in that case that
- 17:54Speaker 6: would then bring in the contractor and say, hey, I've
- 17:57Speaker 6: been sued because us, and then the contractor would be
- 18:02Speaker 6: bought brought into the case and hopefully with all those
- 18:05Speaker 6: folks in line, they would get something worked out. But
- 18:07Speaker 6: that you know, So it's a it's a it depends answer,
- 18:11Speaker 6: which is what most answers are victual situations. But if
- 18:14Speaker 6: that person needs more specifics than that, they can certainly
- 18:17Speaker 6: send an email or something. And I'll be glad to
- 18:19Speaker 6: chime in from the office.
- 18:20Speaker 5: As we're kind of talking about basic services from the
- 18:23Speaker 5: Peyton Law Firm and and ways that people can protect themselves.
- 18:27Speaker 5: One thing is that one thing that I'm curious about
- 18:28Speaker 5: it We may have talked about this briefly before, but
- 18:30Speaker 5: one of the things I'm curious about is like, what's
- 18:32Speaker 5: your sweet spot or what's your recommendation when it comes
- 18:35Speaker 5: to people who's who wonders if the law can protect
- 18:37Speaker 5: them in some ways. I think that there's and I
- 18:40Speaker 5: think there's like a conditional push to to make people
- 18:44Speaker 5: think of being litigious as being a bad thing. And
- 18:47Speaker 5: I think there's some people that maybe are a little
- 18:49Speaker 5: the tgious and you're like, oh, Michel, but there's I
- 18:51Speaker 5: think there's some people, and I would put myself in
- 18:52Speaker 5: that category where there may be opportunities in my life
- 18:55Speaker 5: where maybe I should have been protected by the law
- 18:57Speaker 5: I taught to you about a contractor that all right, yeah,
- 19:00Speaker 5: or something like that, or civil rights something like that,
- 19:02Speaker 5: where people maybe don't reach out when they should.
- 19:05Speaker 6: Here's I mean, this is opinion, and like everybody's got one,
- 19:10Speaker 6: and I might have a big one.
- 19:11Speaker 4: But there's been.
- 19:15Speaker 6: A mantra through large business and insurance companies pushing that
- 19:23Speaker 6: lawsuits are bad and frivolous and it's about greedy people
- 19:28Speaker 6: and things like that. So it there's a bias that's
- 19:32Speaker 6: been put in our subconscious in a way, sometimes conscious
- 19:38Speaker 6: against exercising your civil rights.
- 19:42Speaker 4: The civil rights are there.
- 19:44Speaker 6: You know, you get hurting a car wreck and you
- 19:46Speaker 6: can't work and you can't support your family and somebody
- 19:48Speaker 6: else was negligent, uh you, So I'm not gonna sue
- 19:52Speaker 6: over that. Well, that's what are you gonna do. You
- 19:54Speaker 6: can't work, you're gonna get on disability, you're going to
- 19:57Speaker 6: have to get on Medicaid or Medicare, and you're not.
- 19:59Speaker 6: You know, then it's going to trickle down to the
- 20:01Speaker 6: rest of your family. But the idea being that if
- 20:04Speaker 6: you don't have a civil remedy available, then people are
- 20:08Speaker 6: going to take the law into their own hands. And
- 20:10Speaker 6: that's what you don't want, you know, that's what you
- 20:12Speaker 6: don't want is folks fighting or taking guns over and
- 20:17Speaker 6: holding people up because they can't get relief. So that's
- 20:21Speaker 6: the civil justice system is extremely important to society. And
- 20:26Speaker 6: if you at those big companies and insurance companies, they
- 20:28Speaker 6: don't make the news for their suits between each other,
- 20:32Speaker 6: but trust me, they would not hesitate to file a
- 20:35Speaker 6: lawsuit if they thought it protected their civil rights and
- 20:39Speaker 6: their ability to seek a profit. Because for profits, ultimately
- 20:44Speaker 6: their mission is to get more profit, right, I mean
- 20:48Speaker 6: that's it period. So now they may have they may
- 20:51Speaker 6: do public good, they may do things that help society,
- 20:55Speaker 6: but they're usually only doing that once they've got sufficient
- 20:58Speaker 6: profit to do so. And sometimes that's also because of
- 21:03Speaker 6: public relations issues that ultimately they believe comes back to
- 21:07Speaker 6: them getting profit in the long run. So you know,
- 21:11Speaker 6: I have that a lot, and and of course calling
- 21:13Speaker 6: us and making inquiries in our lawsuit.
- 21:16Speaker 4: Most of our cases.
- 21:18Speaker 6: Involving automobile accidents, we're able to work them up and
- 21:22Speaker 6: get them resolved without you ever being in a quote lawsuit.
- 21:26Speaker 4: It's just a claim.
- 21:28Speaker 6: You have a two year statue of limitations on most
- 21:30Speaker 6: type of injury cases or wrongful death cases in West Virginia.
- 21:33Speaker 6: So there's normally plenty of time to get the cases resolved.
- 21:36Speaker 6: And even if you get in a lawsuit, ninety eight
- 21:38Speaker 6: percent of them settle it before you ever get to trial.
- 21:41Speaker 6: And so, you know, I encourage people not to hesitate
- 21:45Speaker 6: if you think you have a case. Now, there are
- 21:47Speaker 6: people that are lettig just they don't understand the law.
- 21:50Speaker 6: They can't differentiate between some basic concepts about whether they
- 21:55Speaker 6: really have a claim or not, or do they every
- 21:57Speaker 6: time they perceive someone else's at fault, they think they
- 22:00Speaker 6: have a claim and that there's always going to be
- 22:02Speaker 6: that situation.
- 22:03Speaker 4: But if you, you know.
- 22:06Speaker 6: Think about the other side of the equation, like in
- 22:08Speaker 6: your case with a bad contractor or maybe a lender
- 22:11Speaker 6: did something wrong or whatever. I mean, they're not going
- 22:13Speaker 6: to hesitate to exercise their civil rights. But it's been
- 22:16Speaker 6: beat into our brains through billboards and everything else that
- 22:22Speaker 6: exercising your civil rights is a bad thing and you
- 22:25Speaker 6: should feel guilty and ashamed because of it, even attaching
- 22:29Speaker 6: that to religion somehow, even though it really doesn't have
- 22:33Speaker 6: a connection in my mind to religion. And so, yeah,
- 22:37Speaker 6: we've got to get over that bias sometimes, and I
- 22:39Speaker 6: have to tell people that don't you know, this is
- 22:41Speaker 6: just the way it works. And they'll all set up
- 22:43Speaker 6: this way for a reason. And it's not you're not
- 22:46Speaker 6: taking advantage of the largest casualty insures in the world.
- 22:50Speaker 6: Trust me, You're not going to get something that you
- 22:53Speaker 6: don't deserve nine to nine point nine percent of the time.
- 22:57Speaker 6: And that's because they ensure that you won't. And we're
- 23:00Speaker 6: to make sure you get what you deserve and so
- 23:02Speaker 6: and we do a good job at it. So normally,
- 23:04Speaker 6: by the end of our case, uh, you know, when
- 23:06Speaker 6: we're representing you, you've gotten what you deserved. It might not,
- 23:09Speaker 6: you know, not not every case. I mean, the law
- 23:11Speaker 6: can only provide money as a means to try and
- 23:15Speaker 6: replace your physical well being or your mental well being.
- 23:18Speaker 6: And obviously that's not an adequate substitute. But it's all
- 23:22Speaker 6: the law can do.
- 23:23Speaker 4: And so.
- 23:25Speaker 6: If we found a way to turn back time or
- 23:27Speaker 6: to get a miraculous treatment that would allow a person
- 23:30Speaker 6: who's got a significant spinal injury or a brain injury
- 23:34Speaker 6: to go back and be able bodied and go to work,
- 23:37Speaker 6: you know, I would exercise that every day before I
- 23:39Speaker 6: would take a case to get money. But that's obviously
- 23:43Speaker 6: not reality. So yeah, is that ain't.
- 23:45Speaker 5: Your Yeah, yeah, I was just curious about that because
- 23:47Speaker 5: you see it all the time with it seems like
- 23:49Speaker 5: the people are almost like preconditioned to to be reluctant,
- 23:53Speaker 5: you know, the the and it's sort of a marketing thing, right.
- 23:56Speaker 5: I know that there's lobby firms out there that that
- 23:58Speaker 5: purposely work towards things like that. But the ability, for example,
- 24:01Speaker 5: to take that McDonald suit from years and years ago
- 24:03Speaker 5: and then in the public lexicon that's considered a shining
- 24:07Speaker 5: example of friviality, when if you actually read the thing,
- 24:10Speaker 5: it was a great protection given to that person that
- 24:12Speaker 5: won the suit. It was actually the law doing its job.
- 24:15Speaker 6: Right and actually on appeal it even got reduced, but
- 24:18Speaker 6: they always publicized the initial right right jury award. Yeah,
- 24:24Speaker 6: it's just like you see it around here like Calus
- 24:27Speaker 6: Citizens against Lawsuit Abuse. Yeah, traditional wise, hardly citizens, And
- 24:31Speaker 6: it's funded kind of I don't know who funds that
- 24:33Speaker 6: one for sure, other than specifically, but I know it's
- 24:35Speaker 6: big business and big insurance carriers. I heard a woman
- 24:40Speaker 6: coming here and talk to Dave Allen show one time,
- 24:42Speaker 6: and she was just spewing off talking points that made
- 24:45Speaker 6: absolutely no sense, but it's just the mantrie aget and
- 24:47Speaker 6: it's really it's toma like top of mine awareness. If
- 24:51Speaker 6: you say it enough, people will start to think it,
- 24:54Speaker 6: and it's unfortunate and it's hard to combat because you know,
- 25:00Speaker 6: trial lawyers try and protect consumer rights, try and combat it,
- 25:03Speaker 6: but you know they don't have the money to pay
- 25:07Speaker 6: to do that kind of mass media campaign consistently like
- 25:12Speaker 6: big business does. And so yeah, it's it's just the
- 25:16Speaker 6: way it is. It seems like it might be getting
- 25:19Speaker 6: better better here locally in that regard, and we've had
- 25:23Speaker 6: some quote tort reforms and the legislatures and that has
- 25:26Speaker 6: modified the law somewhat to make it less fair for
- 25:31Speaker 6: regular people. And that's I've talked about it before me.
- 25:33Speaker 6: The jury trial is the ultimate equalizer. You can go
- 25:37Speaker 6: against the largest casualty insure in the world, you know,
- 25:41Speaker 6: lawsuit in Winfield, West Virginia, and you can make them
- 25:45Speaker 6: come there and you present your case to six of
- 25:49Speaker 6: your peers and they can't do anything about it but
- 25:52Speaker 6: trying to defend themselves. And when those six people go
- 25:54Speaker 6: back in the room, no amount of money or power
- 25:57Speaker 6: hopefully will modify what that decision is. And with the
- 26:02Speaker 6: technology we have, we can stand toe to toe with
- 26:04Speaker 6: them in that scenario, and we usually do quite well.
- 26:08Speaker 5: Let's go ahead and take a break. We'll come back
- 26:09Speaker 5: and address your questions or phone calls. Hey, give us
- 26:12Speaker 5: a call. You still have plenty of time to talk
- 26:13Speaker 5: to Tom before we get out of here today. Three
- 26:14Speaker 5: z are a four three four five fifty eight fifty eight.
- 26:16Speaker 5: Three zero four three four five fifty eight fifty eight.
- 26:18Speaker 5: If you want to text in, you're more than welcome
- 26:20Speaker 5: to do that as well. Three zero four nine three
- 26:22Speaker 5: five five zero zero eight three zero four nine three
- 26:24Speaker 5: five five zero zero eight. You can find out more
- 26:26Speaker 5: about the paytent law from one line. It's Paytent Lawfirm
- 26:28Speaker 5: dot com. Peyton Lawfirm dot com with a that's spelled
- 26:31Speaker 5: p E y t O N Payton Lawfirm dot com.
- 26:33Speaker 5: We'll take a break and be back right after this.
- 26:35Speaker 5: You're listening to Ask the Lawyer with Tom Payton. I'm
- 26:37Speaker 5: Del Cooper. This is five adw HS, the Voice of Charleston.
- 26:40Speaker 6: This is Tom Peyton, My father, Harvey and I are
- 26:43Speaker 6: the Peyton Law Firm. We live here, we grew up here,
- 26:46Speaker 6: and we take pride in representing you and winning against
- 26:49Speaker 6: the most powerful members of the insurance industry. If you
- 26:52Speaker 6: want an experienced law firm that understands your needs and
- 26:55Speaker 6: gets results, contact Peyton Law Firm. When you've been hurt
- 26:58Speaker 6: in an accident and time are tough, you need lawyers.
- 27:01Speaker 4: You can trust. That's us Peyton Law Firm.
- 27:04Speaker 6: Contact us at Peytonlawfirm dot Com or visit us at
- 27:07Speaker 6: our office in nightrip.
- 27:10Speaker 7: Wow, it feels like some just started, but time sure
- 27:13Speaker 7: is flying by and before you know it, school will
- 27:14Speaker 7: be back in session this school year. Members Choice West
- 27:17Speaker 7: Virginia can help you check off everything on your school
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- 27:40Speaker 3: Put the ball paype on the side. We have the
- 27:45Speaker 3: courtroom experience that you need. We never give up. We're
- 27:51Speaker 3: prepared to fight for your rides. When you need action,
- 27:56Speaker 3: count on us side.
- 28:06Speaker 5: Tom Payton is here from the Payton Law Firm. You
- 28:08Speaker 5: can talk to Tom if you have any questions at
- 28:10Speaker 5: all this morning about the law and how you can
- 28:11Speaker 5: put the law on your side and the power of
- 28:13Speaker 5: Peyton at Threes are A four three four five fifty
- 28:14Speaker 5: eight fifty eight. Threes are A four three four five
- 28:16Speaker 5: fifty eight fifty eight is our text Lin number and
- 28:18Speaker 5: gives a call. Threes are a four three four five
- 28:19Speaker 5: fifty fifty eight. Tom. Lots of things that are going
- 28:23Speaker 5: on just around as far as it seems like there's
- 28:27Speaker 5: always something going on in the state.
- 28:28Speaker 4: We've talked about like the justice stuff that's.
- 28:30Speaker 5: Going on, But really what the Peyton Law Firm prides
- 28:33Speaker 5: itself one is helping with the community. Helping with folks.
- 28:36Speaker 5: You know most, I mean not all of your clients
- 28:38Speaker 5: come from the community of Nitro, but you've been there
- 28:40Speaker 5: for years.
- 28:40Speaker 4: You're a well known and.
- 28:42Speaker 6: You know, if you want to learn a little bit
- 28:43Speaker 6: about us, because we have the website, it's good, it's
- 28:47Speaker 6: been revamped a lot of information there, but we also
- 28:50Speaker 6: have a Facebook page. Now I'm trying to get the
- 28:55Speaker 6: Facebook information pushed through to Twitter X and Instagram.
- 29:00Speaker 4: I think it's called yeah. So a lot of people
- 29:03Speaker 4: are using that.
- 29:03Speaker 6: I'm not sure how well that's going because I don't
- 29:06Speaker 6: utilize those platforms, but I have a person who works
- 29:10Speaker 6: for me. He's supposed to be pushing them it. But
- 29:11Speaker 6: I do operate the Facebook page for the most part,
- 29:14Speaker 6: so if you want to see kind of what we
- 29:15Speaker 6: do around the community, I try and keep it updated.
- 29:18Speaker 6: Put a nice post there a couple of weeks ago
- 29:20Speaker 6: of our office intier An exterior. So really thanks to
- 29:24Speaker 6: Dad for the most part, we have really nice He
- 29:27Speaker 6: built our building in ninety three from scratch and it
- 29:32Speaker 6: is decorated quite nicely.
- 29:33Speaker 4: We have David Riffle piece.
- 29:37Speaker 6: Of art who's a local artist, but it's in one
- 29:40Speaker 6: of our paralegals offices. It's the house in Nitro and
- 29:44Speaker 6: if you're from Nitro Saint Alman's area, you'll remember this
- 29:47Speaker 6: house because when you come over the old Saint Alman's
- 29:48Speaker 6: Nitro Bridge and turn the left toward Nitro, it would
- 29:52Speaker 6: be there on the right and it was kind of
- 29:53Speaker 6: a shanty type.
- 29:54Speaker 4: It was just amazing engineering.
- 29:56Speaker 6: But you know how it stayed up, I don't know,
- 30:00Speaker 6: but it was just kind of different levels. It looked
- 30:03Speaker 6: like made out of ten but folks lived there. I
- 30:06Speaker 6: think eventually they they made him remove it and put
- 30:08Speaker 6: maybe a house trailer or two there. And I'm not
- 30:10Speaker 6: sure what's even on that little hillside A longer, but
- 30:13Speaker 6: the point is David Riffle did kind of a three
- 30:15Speaker 6: D type piece of art in an old window frame,
- 30:18Speaker 6: and it actually hung at one point in the what
- 30:22Speaker 6: is now the United States Smithsonian Museum of Art, and
- 30:26Speaker 6: now it's back in Nitro in our office. And then
- 30:28Speaker 6: we have our conference room table that was in our
- 30:31Speaker 6: conference room. We call it the Western Artist's Room because
- 30:34Speaker 6: all of the art in there is done by local
- 30:37Speaker 6: West Virginia artists.
- 30:38Speaker 4: And we have a really nice conference.
- 30:41Speaker 6: Room table that had made by a thought named Richard
- 30:44Speaker 6: Sank that lives up He was living up in Tzar,
- 30:46Speaker 6: which is outside French Creek, you know where the game
- 30:49Speaker 6: farm it was. Tzar is like it's one of those
- 30:51Speaker 6: places you drive by and you see the green sign
- 30:53Speaker 6: and it says ZAR on it. That's unincorporated, right, really
- 30:58Speaker 6: great woodworking fella. It looks like as easy top guys
- 31:01Speaker 6: like you think of. But he made that entire table
- 31:05Speaker 6: from scratch from one tree, one cherry tree, the chairs
- 31:08Speaker 6: and the table, and it's rather or large. And so
- 31:10Speaker 6: when I posted a picture of that and I said,
- 31:13Speaker 6: you know, you'll you won't find them that at a
- 31:14Speaker 6: law firm like ours, he said, well, you will never
- 31:16Speaker 6: see another table like that because it's the only one
- 31:19Speaker 6: in the world like it. And so you get to
- 31:21Speaker 6: see some interesting things like that. If you want to
- 31:23Speaker 6: combine and visit our office, we can try and make
- 31:25Speaker 6: it a comfortable atmosphere. Probably have had two or three
- 31:28Speaker 6: people come in for a state planning this week leaving saying,
- 31:31Speaker 6: well that wasn't that was easy because you just don't
- 31:35Speaker 6: you should make it comfortable, and actually going into that,
- 31:38Speaker 6: we do so much basic a state planning and you know,
- 31:41Speaker 6: actually had somebody call this week that wanted me to
- 31:43Speaker 6: look at some kind of handwritten document while the person
- 31:45Speaker 6: was still living to see if it was valid or not.
- 31:48Speaker 6: Don't we don't do that if somebody's passed away and
- 31:51Speaker 6: it's too late to have a real, you know, a
- 31:53Speaker 6: proper well done we'll take a look at a document
- 31:55Speaker 6: to see if it's something that can be admitted to probate,
- 31:57Speaker 6: but we don't review handwritten stuff perform things that you
- 32:01Speaker 6: bound on the internet to see their validity. We will
- 32:03Speaker 6: do a proper will for you, though, if you want,
- 32:05Speaker 6: and it's reasonably priced. All you need to do at
- 32:10Speaker 6: the first appointment is have an idea of where you
- 32:12Speaker 6: want things to go when you pass away. We don't
- 32:14Speaker 6: need documents ordinarily, or deeds or anything like that. If
- 32:18Speaker 6: we do need that, we can follow up. Normally, that
- 32:21Speaker 6: initial appointment takes half hour, maybe an hour, depending on
- 32:25Speaker 6: the complexity of your assets and what you want to do,
- 32:29Speaker 6: and we don't charge anything. If you leave my office
- 32:32Speaker 6: and don't come back for the next appointment and cancel,
- 32:34Speaker 6: you will not pay our office anything. We will quote
- 32:38Speaker 6: you a fee at the conclusion of our meeting, and
- 32:40Speaker 6: we give you a ball My staff will give a
- 32:42Speaker 6: ballpark before you come in, so you know whether you
- 32:44Speaker 6: can afford it at all. And then we schedule you
- 32:48Speaker 6: for one more meeting or one more appointment to come
- 32:50Speaker 6: in where we have everything ready to get witnesses notaries. There,
- 32:55Speaker 6: we give you some advice on where to keep things
- 32:57Speaker 6: and review the documents that you're going to be signing
- 33:00Speaker 6: in detail. That probably takes forty five minutes or an hour.
- 33:02Speaker 6: So you can get a basic a state plan done
- 33:06Speaker 6: with your will or maybe a husband and wife. If
- 33:09Speaker 6: it's a husband wife, you need two wills. Then we
- 33:11Speaker 6: can do basic power of attorneys, durable power of attorneys,
- 33:14Speaker 6: which are the financial ones?
- 33:15Speaker 4: Which are you know?
- 33:16Speaker 6: I always say you might never need to use a
- 33:19Speaker 6: power of attorney. We're all going to need a will
- 33:21Speaker 6: one day, unfortunately. But power attorneys are like insurance. You know,
- 33:27Speaker 6: pay it, although this premium would be rather small and
- 33:29Speaker 6: not recurring, pay a one time fee to get it done.
- 33:32Speaker 6: If you become disabled, you have a stroke, and or
- 33:35Speaker 6: you get dementia or Alzheimer's and you have a long
- 33:38Speaker 6: term you still live for a long term time, but
- 33:41Speaker 6: you don't have the capacity to handle your financial affairs.
- 33:43Speaker 6: Your family will be really glad that you did a
- 33:45Speaker 6: durable power of attorney and appointed somebody because in essence,
- 33:48Speaker 6: that allows them to carry on all of your financial
- 33:50Speaker 6: affairs without having to go to court. And when you
- 33:53Speaker 6: when you have to go to court to get appointed
- 33:55Speaker 6: as a guardian or conservator for a person who has
- 33:58Speaker 6: a severe disability, sometimes the posting of bond, it requires
- 34:03Speaker 6: annual accountings, it requires a guardian of item, a lawyer
- 34:06Speaker 6: has to be appointed to the disabled person, and they.
- 34:09Speaker 4: Have to be paid.
- 34:09Speaker 6: Sometimes it's by the Supreme Court, but if there's assets there,
- 34:12Speaker 6: it's private pay and it comes out of the h
- 34:15Speaker 6: incapacitated person's assets. And so you can avoid all of
- 34:18Speaker 6: that if you get the durable power of attorney done.
- 34:22Speaker 6: So you do it not just for yourself but really
- 34:24Speaker 6: for your family members to make it easier on them
- 34:26Speaker 6: if they if you get in that difficult situation problem.
- 34:30Speaker 6: A lot of times are it's too late. Somebody's already
- 34:33Speaker 6: incapacitated at that point and they're the ones that have
- 34:36Speaker 6: to understand and execute the document to appoint somebody else,
- 34:40Speaker 6: so it's too late at that point. And then we
- 34:43Speaker 6: got medical power of attorney, which we do quite right.
- 34:45Speaker 6: We combine it with living will language, so you can
- 34:47Speaker 6: tell the doctors what your preference is. If you're on
- 34:49Speaker 6: an artificial breeding machine but really little to no brain
- 34:54Speaker 6: activity and certified by the doctor that there's no chance
- 34:57Speaker 6: that you're going to recover, it's irreversible coma or terminal illness,
- 35:02Speaker 6: and so we add that too, and that whole package
- 35:05Speaker 6: of documents, power of attorneys for spouses and wills we do
- 35:08Speaker 6: for a real reasonable price. And so back to where
- 35:11Speaker 6: I started. You know, if you feel like you need
- 35:16Speaker 6: a will, save up some money for a while and
- 35:19Speaker 6: go come see us first.
- 35:20Speaker 4: Trying to handwrite something.
- 35:22Speaker 6: Yourself which can be a will, they are what's called
- 35:25Speaker 6: a holographic will in West Virginia. If you write it
- 35:27Speaker 6: correctly and it is entirely in your own handwriting, it
- 35:29Speaker 6: can be a will. And I've handled many estates where
- 35:33Speaker 6: those were admitted to probate, and sometimes you wish they
- 35:36Speaker 6: weren't a will in West Virginia because the language they
- 35:38Speaker 6: used has created a mess.
- 35:40Speaker 5: Something maybe we can talk about next time. We've got
- 35:42Speaker 5: about a minute left here, we won't have time to
- 35:43Speaker 5: get into it. But something that maybe we can talk
- 35:45Speaker 5: about next time that people should be cautioned on is
- 35:47Speaker 5: using these AI trainers to write your will and stuff
- 35:51Speaker 5: for you, because there's a lot of people that are
- 35:52Speaker 5: trying to do that now, and also taking your legal
- 35:55Speaker 5: advice in general from like somebody on TikTok after our
- 35:58Speaker 5: last show that you and I did together, you made
- 36:00Speaker 5: a comment just on that show about there's this rush
- 36:03Speaker 5: of people going and putting everything they have in a trust,
- 36:05Speaker 5: and if you could caution anyone, that's not necessarily a
- 36:08Speaker 5: great idea for everyone, because you have to unwind all
- 36:09Speaker 5: that if you need to do stuff. That very day,
- 36:12Speaker 5: I was going through social media and I saw a
- 36:13Speaker 5: video that was like, let me tell you how to
- 36:15Speaker 5: power up your finances so you can get away scott
- 36:17Speaker 5: free without ever having to pay taxes in it with
- 36:19Speaker 5: somebody telling them put everything into a trust, and I
- 36:21Speaker 5: was like, man, that's bad at.
- 36:22Speaker 6: Well, the trusts are useful if you have a specific
- 36:25Speaker 6: situation that needs it, yeah, or if you have great
- 36:28Speaker 6: concern about trying to shield assets for some reason, then
- 36:31Speaker 6: that may give you some comfort if you have certain types.
- 36:34Speaker 4: Of trust done.
- 36:35Speaker 6: But it does not allow you to maintain unqualified ownership
- 36:39Speaker 6: of your property if you place it in trust. And
- 36:41Speaker 6: sometimes people get tunnel vision and forget that, and then
- 36:43Speaker 6: you have all this avoid probate stuff, which in West
- 36:46Speaker 6: Virginia probate is quite simple compared to other states. So
- 36:49Speaker 6: I wouldn't recommend a trust simply for that purpose. Now
- 36:51Speaker 6: you could high end extreme wealth, yes, I mean you
- 36:54Speaker 6: can put it that's beyond me. I know that it exists,
- 36:57Speaker 6: and if I have somebody that's got ty million dollars
- 37:00Speaker 6: in assets, I'm going to coordinate with a lawyer that
- 37:03Speaker 6: does that regularly. Because there are trusts you can create
- 37:05Speaker 6: that might give you a Maybe your tax base is
- 37:08Speaker 6: in a different state, that's more favorable because it's it's
- 37:10Speaker 6: in a trust that's in that state, for example. But
- 37:13Speaker 6: that's getting beyond our area expertise. And when I do that,
- 37:17Speaker 6: I consult other attorneys in that area.
- 37:18Speaker 4: That makes a ton of sense.
- 37:19Speaker 5: You can find out more information and put the power
- 37:21Speaker 5: of Payton on your side. The Peyton Law Firm located
- 37:23Speaker 5: in Nitro, West Virginia. Payton Lawfirm dot com. P E
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- 37:35Speaker 5: Peyton Law Firm is on here every Thursday at eight
- 37:37Speaker 5: twenty tom. Thank you so much for your no problem.
- 37:38Speaker 5: Hit us up on Facebook. We needs some more likes. No,
- 37:40Speaker 5: there you go like it on Facebook at Payton Law firm.
- 37:42Speaker 5: That sounds good. See you next week, Tom that you deal.
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