93.1. Kiss FM – Ask A Lawyer – Part 2 – April 21, 2022

Mike: “Ask a Lawyer” Michael Gopin’s our guest, Steve Kaplowitz is taking the place of Tricia…

Steve: Nobody could take the place of Tricia, just by the way. There’s no way. It’s impossible.

Mike: They’re so sweet. Steve Kaplowitz is sitting in for Tricia.

Steve: There you go. I like that.

Mike: People can sit in, they just cannot replace her. You are absolutely right.

Steve: And by the way, Tricia, I’m using a microphone windscreen so you don’t have to worry about cleaning your mic when you come back. It’s…

Michael: I would anyway if I were her.

Mike: She’s gonna Lysol the hell out of it. Trust me. She is.

Steve: Okay. All right. You ready for Harold?

Mike: Ready for Harold.

Steve: Here we go. Harold says, “I missed almost three weeks of work after I slipped and fell at my work. I was never paid or recompensated after they said they would. I walked into the building today, and I was fired for missing so much work. What options do I have here, Mr. Gopin?”

Michael: Well, you have two options. The first question we need an answer is, did they have Texas workers’ comp? Okay? If they had Texas workers’ comp, you would be able to file a workers’ comp claim against your employer for the injury. You would then also be able to have a lawsuit for the wrongful termination if we can prove that that’s the reason they fired you, for being injured on the job.

So if they have Texas workers’ comp, you go after the workers’ comp, and then we can talk about the wrongful termination case, just get the entire facts of that. Now, if they did not have workers’ comp, then you can file a lawsuit against the employer directly for a non-subscriber action, they call it. In that type of case, you would have to prove that the employer was at least 1%, just a tiny bit negligent in causing the accident that happened in the first place. I have no facts about…you know, I guess you slipped and fell so the question is, did they know about the substances on the floor? You know, were you warned? And all these kinds of questions that we’d have to look at to be able to prove that the employer was negligent.

In that case, when they do not have coverage, you would not have a wrongful termination case. So only if they have workers’ comp, can you sue them for wrongful termination. Otherwise, they are exempt.

Mike: Can I say this, and I’m going back to the letter D, how D is it of the boss to fire you when you come back? Like, couldn’t they have just done that before? Like, say, “Hey, man, don’t bother coming back. You’ve missed too much work.” Like, couldn’t they just call you? Like, why wait until you get to work?

Steve: You know what, they did that to me years ago?

Mike: Did they?

Steve: Yeah.

Michael: Nobody could have fired you. No way.

Mike: You’ve been here for like 100 years. What do you mean just…

Steve: I came out of college in ’95. And I was working at the radio station and at Camelot Music back at Selma Park Mall, remember the little bottom Camelot?

Mike: Yeah. Yeah. Yeah.

Steve: Anyway, new manager comes in, and he’s trying to clean house. I leave town for a wedding in Austin, and I call in to get my hours. Well, they gave me the wrong hours, so I didn’t show up when I was supposed to. I come in the next day when I think I’m coming in and they fire me on the spot.

Mike: Oh. Yeah.

Michael: Wow

Steve: Because they said I missed my shift. I said, “Well, I was given the wrong information.” They didn’t want to hear about it.

Michael: And you want to hear the legal answer to that question?

Mike: Yeah.

Steve: Yes

Michael: The employer could do it. Even if they made a mistake. They in Texas, you can fire them for any reason that you want to. Even a bad reason like that.

Mike: So like for Harold’s question, I mean, like, wouldn’t that be their defense? “No we didn’t fire him because he missed so much work because he was hurt, we fired him because he missed work.”

Michael: Well, you miss work because of a workers’ comp injury, which happened on the job there, so that’s a delicate situation. There’s a law that then protects the worker for that.

Mike: So what if he said, “I fired you when you came into work because you were wearing a blue shirt, and today’s redshirt day?

Michael: Well, I mean, the employee can try that, and the jury would have to decide what the truth is.

Mike: Oh, wow. Oh, man. Okay.

Michael: So they will do that for sure. And they will make up all these, you know, lies or mistells about your work performance. “Oh, yeah. He was always late for work, he never did well.” All those kinds of things to avoid liability.

Mike: Okay.

Steve: Naomi writes in, “I can’t believe you don’t take cases for toxic baby food regarding a much older child. He ate baby food until he was 5 years old, couldn’t handle anything else. And later, I had to switch him from regular baby formula and milk to Isomil. To this day, he has trouble dealing with others and authority. Can nothing be done about him, my son?”

Michael: Well, depends on what his diagnosis is. Yeah, we certainly can take a case of an older child. The question is, does he have autism from the baby food or ADHD? So Attention Deficit Disorder, or autism, and then he has a potential case. If it’s not diagnosed that way, then there’s going to be an issue with taking your case. So when you say he has trouble dealing with others and authority, that’s a little vague for me. So I don’t know if he’s got Attention Deficit Disorder or potential autism case. If he’s been diagnosed, yes, we can and we’ll help you, Naomi.

Mike: Then it would have to be like an actual diagnosis from a psychologist, psychiatrist, or whatever?

Michael: Correct. Exactly. Yeah, or a physician.

Mike: Physician, yeah. Okay. So the age is not the issue?

Michael: No, the age is not the issue.

Mike: Okay.

Michael: The diagnosis.

Mike: All right. “Ask a Lawyer” with Michael Gopin on Mike and Tricia mornings.

Steve: Xenia writes in, “Are you guys still taking hernia mesh cases? I had one implanted a while ago, and another just added around the same area. I’m in horrible pain, and I can barely stand.”

Michael: Yes, we still are taking hernia mesh cases, but you need to have a revision before we’re able to help you. So you have to have had the surgery and then had it fixed, basically. Either taken out or something else done with it, for a second surgery, for us to have a potential case for you.

Mike: Oh, and this one sounds like a different surgery.

Michael: Yeah, it sounds like they maybe had the hernia mesh, but they haven’t revised it.

Mike: Yeah.

Michael: They had a second hernia mesh problem…

Mike: In a different area or…

Michael: …in a different area of the body. You know, there’s groin, there’s inguinal, there’s all different types. So it sounds like there was two surgeries with two hernia meshes, but no revision. So in order to have a case, you’d have to have a revision. So I would talk to your doctor, see what they are suggesting because you don’t want to be in horrible pain about this.

Mike: Yeah, boy. Yeah, no. And then I would get another opinion from another doctor just to be sure.

Michael: Correct. Yes.

Mike: Absolutely, yes. Okay. So we’re up to our final question, “Ask A Lawyer” with Michael Gopin.

Steve: I feel like this is a question that a lot of people have probably encountered, at least at some point during their lives. Whitney writes in, “My dog was attacked by another dog, and we had to take him to the vet. He needed stitches and part of his ear was gone. The owner said he would help with his expenses but now refuses since it happened in his front yard. Does that matter?”

Michael: No, the location does not matter. The front yard is certainly not a place that you, you know…aren’t protected from a dog who bites you. The question is, does this dog have a propensity to bite? So they have in Texas what they call a “one free bite rule” kinda. Well, if you don’t know your dog is a biter and they bite someone once, then you’re on notice that the dog is mean or a biter or something then you’re going to be liable for after that.

Mike: Good to know.

Michael: Also, you know, if it’s a breed that is, you know, potentially more dangerous, then that’s another question.

Mike: Like a Chihuahua? I don’t care what people say, they are meaner than German Shepherds.

Steve: And Pit bulls. Chihuahuas are the meanest.

Mike: Absolutely. I tell you what, and those other little ones that people put in their purses like Paris Hilton. Yorkshires, I think they’re called.

Michael: Yorkies.

Mike: Yorkies.

Michael: I have one.

Mike: Yeah. Those things are mean.

Steve: Is yours mean?

Michael: No. She is not a meanie. She thinks she’s the boss but…

Mike: Okay, so the one-bite rule…

Steve: I’ve never heard of the one-bite rule. Have you?

Mike: Neither have I, but it’s good to know.

Steve: Yes, it is. You get a mulligan.

Mike: Or the dog gets a mulligan.

Michael: I tell you. You have to know if the dog’s dangerous. And so once you are…

Mike: Yeah. What if there was a “Beware of Dog” sign posted somewhere?

Michael: This is the front yard first of all. So I mean, you have responsibility as a person, you know, not to trespass in their backyard or something. That would be a little different. But sounds like this dog was loose in the front yard and bit someone. So the question is, has this dog done it before? And you know, you do have a potential case against the dog owner, for sure.

Steve: But sometimes you’ll be in the front yard and there’ll be that little side gate going into the backyard that’ll say “Beware of Dog” that you can still see from the front yard when you’re passing a house. Does that matter?

Michael: No. It won’t matter. But you know, the owner says “Beware of Dog”, I guess they’ve already noticed that the dog is dangerous.

Mike: Okay, so the guy says, “Yeah, you know, I’ll help you with the expenses.” And then he’s like, “Yeah. No. I was doing the kinkies sign behind my back. I’m not gonna do it anymore.”

Michael: Oh, It’s gonna be a swearing match with that, but you’re still gonna get to the legal issue of if they’re responsible. You know, the guy who was bitten was saying, “Yes, they told me that they would help pay and we didn’t say anything, and we don’t have the money,” or whatever the story is. That doesn’t admit fault or liability, you know, they were trying to help and maybe they can’t anymore. So you have a potential case, we just have to know more facts.

Mike: And doesn’t this fall under a homeowner’s policy?

Michael: It does. Yes. So if you have homeowners, your dog’s bites will be protected.

Mike: Okay. After the one-bite freebie?

Michael: Correct. I mean, you’ll still have a defense also. I mean, if you get sued, and you’re the one who owns the dog, you need to get your homeowners involved, so they’ll defend you. So…

Mike: Okay.

Michael: …you’ll have a free lawyer and legal representation.

Mike: Cool.

Steve: I like it. Maybe one of your listeners will say, “Hey, I heard the one-bite rule on Mike and Trisha Mornings.

Mike: I learned a lot with this last one. And the first one too.

Steve: That’s right.

Mike: You know, about letting somebody move in.

Michael: [Inaudible 00:09:54.217].

Mike: All right, thank you so much.

Michael: You’re welcome. Have a good day guys.

Mike: Appreciate all the legal expertise. And if there’s something that you’d like us to put in front of him next month when he comes back, you can submit one via the app, you can do that right now. You can also go to kisselpaso.com top of the page Must Read bar, look for Ask Michael Gopin and you click on that.

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93.1. Kiss FM – Ask A Lawyer – Part 3 – March 24, 2022

Female Speaker: You’re listening to 93.1 KISS FM.

Interviewer: Okay. Last question. Well, it’s not really a question, it’s more of a…There aren’t a whole lot of specifics, but I think we can speak generally when it comes to slip and falls. “Ask A Lawyer” with Michael Gopin, Steve Kaplowitz from 600 ESPN is asking the questions today because Tricia will be out for a bit.

Steve: So, Laura wants to know if any El Paso attorney can help with a slip and fall case that happened in Las Vegas.

Interviewer: Yeah. See, very little details.

Michael: Very little details, but I understand what she’s talking about. You know, the attorney in Texas probably will not be licensed in Nevada, so that is an issue. But that becomes an issue later in the case if it doesn’t resolve itself through the pre-litigation process. So, we have handled, and many other people have handled cases from Nevada or different states. However, if it needs to be litigated, if it needs to go to court, you need to associate with an attorney that’s licensed in that area. So, what we have is we have attorneys in Las Vegas, for example, that are licensed, that we work with. So, if we have a case that people live here, we can help the person get the case rolling. And if need be, we’ll associate the Las Vegas licensed attorney and file a case in Nevada. So…

Interviewer: Okay. So, like, sometimes I’ll see commercials and, on the bottom, if you look closely, it’ll say, “Not licensed in the state of Texas.” Is that what that means? Like, what they can’t practice in the state or they can, but they can’t do various things?

Michael: In that commercial you’re talking about, no, they couldn’t practice at all. But that really geared towards, you know, litigation and things in court. You could ask the court for permission to enter in a case on a case-by-case basis, which sometimes they grant. But the smart thing for an attorney is to associate with an attorney in that state that’s licensed. So, they can have, you know, the best representation possible.

Interviewer: So, let’s say in a situation like this where you have somebody in the state, like, in this case Nevada. So, if I’m the one that’s bringing you the case, is that costing me more because now…

Michael: No, it’s not costing you more. The attorneys make an arrangement between themselves to divide up the fee. So, the fee doesn’t change for the client, but the lawyers split up the fee depending on how much work they do.

Interviewer: Oh, I get you. I get you. Okay. And it’s probably more convenient for the person from El Paso in this case, Laura, to find somebody here with that kind of an arrangement, it’s not gonna cost them anymore. And they can get, you know…

Michael: They get local representation…

Interviewer: …contact…

Michael: …and they get the licensed attorney in Nevada.

Interviewer: Okay. All right.

Steve: That was gonna be my question. Attorney fees and how that works when you go with other attorneys in other states and how you would handle it.

Michael: So, yeah, attorneys just will make an agreement between themselves and the client is aware of what the agreement is. And they sign off on it as well, and doesn’t cost the client any additional fees at all.

Interviewer: Okay. All right. So, it sounds like Laura’s got…it’s like a no-lose kind of situation [crosstalk 00:03:03] for her in respect of having an El Paso attorney take care of that.

Michael: Exactly. Sure.

Interviewer: Okay. All right. Well, thank you again Michael Gopin.

Michael: Thanks for having me.

Interviewer: Appreciate you coming in.

Michael: Good to see you guys.

Interviewer: Steve, thanks for helping us out. I…

Michael: If you need stories on Steve I could always…

Steve: Ay, not on the air, not on the air.

Interviewer: I know who to go to now.

Steve: That’s right. He’s got some dirt on me, but you know what? Here’s the good news, I’ve got dirt on him. So, it works.

Interviewer: All right. I think this does not benefit you…

Michael: No.

Interviewer: …Michael.

Michael: Steve was…

Interviewer: Give me any…[crosstalk 00:03:33.936] Yeah, doesn’t benefit you at all. Because, you know, Steve doesn’t have to be licensed to be on the radio.

Michael: That’s true.

Interviewer: So, yeah, the cost is higher on you.

Michael: I tell you.

Interviewer: Okay. And more than likely we’ll have Steve on next month as well when you visit again. We’re not really sure when Tricia’s coming back, but it may not be in time for the next Michael Gopin. If it is though, for “Ask a Lawyer,” either way you can use the app or you can use the website if there is a legal question that you’d like us to put in front of Michael Gopin the next time he’s around. Thank you very much.

Steve: Thanks.

Interviewer: “Ask A Lawyer” on 93.1 KISS FM.

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93.1. Kiss FM – Ask A Lawyer – Part 2 – March 24, 2022

Announcer: You’re listening to 93.1 KISS FM.

Host: Ask a Lawyer with Michael Gopin. Steve Kaplowitz from 600 ESPN with the questions.

Steve: You know, I’m getting comfortable here by the way. I want to tell you, I like this studio. It’s clean. I’ve got a nice view of Mesa. I’ve never really been in here very often.

Host: Yeah, Tricia was the dirty one. I keep things pretty clean. You know, most women are pretty dirty regardless of what they tell you.

Michael: She’s [crosstalk 00:00:22.828] back at you.

Host: I think she’s still on painkillers right now. I don’t think she’s up yet. I don’t think she’s hearing any of this, but, like, if either one of you ever snuck into a lady’s bathroom, the worst.

Steve: Really?

Host: They are the worst.

Michael: So you’ve snuck in, is that what you’re telling us?

Host: I’ve snuck into a couple of them before. Yeah, but only overnight when there was nobody around. Don’t think I’m some kind of a perv or anything, or I was hiding or something like that, you know?

Michael: We would never think that.

Host: Yeah. No, no. But, yeah, boy, they’re the worst. And you know it too, ladies. You know your bathrooms are the worst. Okay, so Ask A Lawyer.

Steve: Here we go. Alex has this question. I rented a car a few months ago and returned it in the condition that they gave it to me. Now the car rental company is trying to go after my insurance for damages done to the vehicle, but there was nothing wrong when I returned it. Can they do that? Is there anything I can do to fix the situation?

Michael: Well, it’s going to be a who said, he said, she said kind of a situation here. You know, you’re gonna testify basically that the vehicle was returned the same condition that it was. They’re going to say, “No, it wasn’t. There was additional damage that was done.” Did they give you any kind of receipt when you returned the rental car saying that, you know, it was in good condition? Do you have any… I’m sure you have no pictures of it. Do you have anybody that was with you that could also testify in your behalf that there was no damage to the vehicle? I mean, it could have happened in the rental car return area after you left it off.

So they have the burden of proof so, you know, you can argue to your credit card if they’re trying to do it in your credit card or if they have your auto insurance. You could explain to them the situation also if it’s your auto insurance, it’s not going to hurt you personally, but your insurance rates could go up. So you definitely want to defend yourself and make the best case scenario, but it’s really going to be, you know, who the insurance company or the credit card company is going to believe.

Host: I know it’s been a couple of years since I rented a car, but I remember the last time I rented a car that before they do a walk around with you and I see them take pictures and you do have to kind of initial here, there, and everywhere. But I don’t recall if they do the same thing when you bring it back.

Steve: Most of the time they don’t. They just take the car.

Michael: Just very kind of quick. You know, they want to do it fast.

Steve: Exactly. But should you make them do it when you take it back? Is that a good idea or recommendation, tell them, “Hey, look around. Is there anything we need to worry about,” or do you just leave it and hope for the best?

Michael: Well, I mean, if you have the time. A lot of times you’re at the airport and you’re rushing back to catch your planes. You don’t have time for that. And these agents also don’t have the time because they have a million people coming and returning cars. So, you know, as a practical matter, it may not work but, you know, legally it would certainly help you. I mean, you’re not going to typically take pictures of the vehicle when you return it. But I guess if you did, that would certainly safeguard you.

Steve: Well, especially since it’s timestamped date and time. And that way, if they ever came at you, you could say, “Hey, look, these pictures were taken at this time and they were fine.”

Michael: That would be good evidence.

Steve: Yeah, absolutely. I like it. All right. Here’s the next question from Monica. My daughter was diagnosed with a mood disorder, and I think the cause of it is related to the toxic baby food cases I have seen on TV. Would this be means for a claim?

Michael: Not yet, Monica. At this point, the only medical evidence connecting is autism-type cases and attention deficit type cases. So those are the type of injuries that the medical community has diagnosed as related to the toxic baby food cases. So, your child’s new disorder at this point would not be related.

Host: Okay. Are you handling those types of cases?

Michael: Yes, we are. We are handling them, and they’re very scary. I mean, you have kids, you’re feeding them, you know, the baby foods and who knew there was toxic metals these foods at such high levels that even the Congress in the United States got involved.

Host: Wow.

Axel: So they’re very scary.

Host: And are they that fine that you can’t feel him or any? And of course, I mean, unless you’re eating the baby food yourself, you’re not really tasting them.

Michael: Right. No. No, you wouldn’t know. No one would know. It’s just in the food itself. So it wouldn’t change the taste. It wouldn’t change anything.

Host: Uh-huh, and which types are you handling in these scenarios?

Michael: If the child has autism or attention deficit disorder.

Host: Okay, all right, but not a mood disorder.

Michael: Not a mood disorder.

Steve: Okay, here we go with Hector. Hector says, “I was rear-ended about two months ago and the other person’s insurance still has not settled my claim. I didn’t feel like I needed medical treatment at the time, but now I feel like I might. Is it too late to go to the doctor and would the insurance cover the bills?”

Michael: Well, that’s kind of a tricky question because, no, it’s not too late. You can certainly go to the doctor. The question is, is your medical treatment related to the accident? It’s kinda like the BB gun case. When you go into the doctor so far afterwards, it doesn’t necessarily, you know, sound good or make for a good argument that if you go to the doctor two months or so after a car accident, that, yes, it’s because of the accident. I mean, it certainly can be, and perhaps they have a good reason for not going or perhaps they’re the type of person that said, “Well, I’m hurting and I’ve really been hurting bad, but I’m tough and I don’t want to go to the doctor,” that happens for sure.

So, yes, you certainly can go to the doctor and yes, they certainly may cover it, but it’s really a question of, is it related to the accident? And some of the questions and factors that may enter into is how badly your vehicle was damaged. If it’s just a tiny little scratch or tiny little bump, they’re probably not going to think that it’s related. Now, if your car was smashed and totaled and crunched really bad, you have a much better argument for the delay.

Host: So is it bashed like if you are in a car accident to get medical attention?

Michael: As soon as possible, yes. Any delay will hurt your case, even if it’s, you know, a few days delay. Gestures will argue that, “Hey, why didn’t you go to the hospital? Why didn’t you go to the same day of the accident? Why did you wait two days?” And so now we have, “Why’d you wait a week? Why’d you wait a month?”

Host: Right, in this case, in Hector’s case, it’s two months.

Michael: Correct. So it just is a bad facts situation, and then you’d have to overcome it. I mean, you could win, but you could also lose and be responsible for that bill.

Host: All right. So, look, we have time for another one. So when we come back, we’re going to discuss slip and falls.

Michael: Okay, sounds great.

Host: All right, that’s next on 93.1 KISS FM, Ask a Lawyer with Michael Gopin.

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93.1. Kiss FM – Ask A Lawyer – Part 1 – March 24, 2022

Woman: Waking up with 93.1 KISS FM.

Host: Oh, this is such a treatment. Not only do we have Michael Gopin, the star of outrageous television commercials but helping me out this morning because, you know, Tricia will be gone for a bit, is Hall of Famer, Steve Kaplowitz.

Steve: I can’t believe I’m on KISS.

Host: Is this the first time ever? You’ve been on the show before, haven’t you?

Steve: I think this is, like, the third time.

Host: You’ve done a couple of things, right?

Host: You must be nervous or something.

Steve: You should be nervous. Twenty-seven years at this radio station and, yeah, I mean, it’s like Haley’s Comet when I come on this radio station. It really is. It just never happens.

Host: Yeah. You know, you’re like the sports dude and we’re not really a sports type of morning show.

Steve: Yeah, but I could talk about anything.

Host: Can you though?

Steve: I mean, you know, absolutely.

Host: Can you though?

Steve: Sure. I mean, pop culture, music, food.

Host: I hear your opinions in the hallway, and I’m not so sure.

Steve: Oh, I have opinions on everything. You know that.

Host: I know you do. Some I’m not so sure should be vocalized.

Steve: Well, and here’s the thing too. Okay, people don’t realize this in your listening audience, but Michael Gopin and I go back at least… We’re figuring this out, like about 40 years, maybe 41 to 42 years.

Host: No, really?

Michael: He was, like, 7 or 8 years old.

Steve: He was my summer camp counselor, Michael was. Yes, he was.

Michael: In the ’70s.

Steve: Yeah, in the ’70s, that’s right. He was still in college. We had just moved here from New York and there was a summer camp years ago that I went to and Mike was the counselor. So, it was fun because I’ve known him for so long in so many different capacities. And it’s incredible to see what he’s turned into in terms of his law practice and his career. It’s wild because I knew him back when he was just, you know, a teenager going to school. So it’s really nice.

Host: And, Michael, was Steve always sports a geek?

Michael: He was always the sports guy. You know, his little brothers may have beaten him in sports but, you know, he…

Steve: Yeah, that never happened. You can try to talk all you want. The only person that could beat me in sports is my dad. That was about it.

Michael: He’s a good shooter.

Host: Well, see, that’s why we’re having Steve help out this morning because, you know, these two do know each other quite well. And, you know, somebody’s got to do the actual work behind the scenes to keep things going. That would be me.

Steve: There you go.

Host: And with Tricia gone, we need somebody to set up the questions for Michael to answer. So let’s get Ask A Lawyer going, Steve.

Steve: Here we go. We’ll start with Jen who has this to say, “My husband and I have been separated for almost a year. Legally, we are still married but are going to file for a separation so I can continue to be on his insurance. Once this is done, he wants to file for bankruptcy for things that he did financially. Will this in any way affect me? I have nothing to do with his debts.”

Michael: Well, first of all, in Texas, there’s no legal separation. So you can’t be filing for a legal separation in Texas. So even if you were planning to do so, there’s no such thing in Texas, so you can’t do it.

Host: So it’s either divorce or you’re married.

Michael: Divorce or married. So, in terms of the bankruptcy, it just depends on what debts those are. Like, if you have a community property house and you’re filing for bankruptcy separate, that can certainly affect you and your credit and your mortgage. If you have these debts on credit cards but your spouse isn’t named on them, she’s not or he’s not on the card, then it won’t affect them. So depending on the debts that there are and what exists is the answer to that question. So I would advise before he does that, to talk to a bankruptcy attorney, find out exactly what the debts are, and see if there will be an effect on you or not. And you would know your own debts, but that’s kind of the key.

Host: Well, what in Texas is considered community property?

Michael: Everything you bought and acquired during marriage.

Host: Together or…?

Michael: It doesn’t matter.

Host: Okay. So even if, like, let’s say you have a mortgage in the name, it’s only one name on the title.

Michael: If you bought the title or the property during marriage, it’s community property.

Host: It doesn’t matter whose name is on the title…

Michael: It doesn’t matter whose name is on the title.

Host: …whose name is on the mortgage, none of that. Same thing with a car, with a vehicle.

Michael: Correct. Anything. Anything that you acquire during marriage is community property.

Host: What about student loans?

Michael: It’s a community debt. So if you acquire it during marriage, it’s your…

Steve: Yeah, so this is a lesson to everybody out there. Once you get married, it’s not just…

Michael: It’s a financial commitment.

Steve: That’s right. Yeah, a big one.

Host: Okay. So I guess in Jen’s case then, it doesn’t look that good for her if he files for divorce, if they file for divorce.

Michael: No, not necessarily. It won’t affect her credit if those credit cards are not in her name, for example. It could still be community debt, they could still hold her responsible, but it wouldn’t affect her credit rating. So the husband’s debt could be taken away and gone, but she would still be responsible for the debt if she doesn’t enter the bankruptcy with him.

Host: Oh, man.

Michael: So there’s lots of different issues here.

Host: All right. Second question from Glo.

Steve: All right. Glo wants to know, is a lawyer required to create a power of attorney? And if not, where can I find the form? Also, are there different powers of attorney?

Michael: Well, first of all, a lawyer isn’t required to create a power… If they want to be hired for, you know, that job to do a power of attorney, they certainly can do it but there’s no requirement that they take on that job. There’s many different types of power of attorney. There’s a medical power of attorney. There’s a limited power of attorney. There’s a general power of attorney for everything. So there’s many, many different types of power of attorneys, and they’re actually pretty easy forms. You can find one online if you want it to, but you have to be sure it’s going to help you for what you want it to do.

So if you want it to be just for a limited one transaction, then you want to make it limited, so you don’t give the person who you’re granting the power of attorney all this additional power. If it’s general, you know, then it is for everything. They could wipe you out, you know, take everything because you gave them the permission to. Some of them are medical. Just in case you’re disabled, then they [inaudible 00:06:16.088] incapacitated. So it just depends what you need and what you want. But, you know, you could find a lawyer to do it for sure. If you Google it, you should be able to find the form for yourself also.

Host: And your personal opinion, is it best to go that route or…?

Michael: You know, for certain things, if it’s more complicated like a medical power of attorney, I would probably recommend that, yes, you go to an attorney to do it. If it’s a very simple power of attorney for one little thing, you can probably do it yourself. If you don’t feel comfortable, you know, with the form or researching it, then definitely go to an attorney. It’s not that expensive and you can get it taken care of.

Host: Okay, all right. Soak in Michael Gopin. He can take care of you, man. That’s why he’s part of Ask A Lawyer. And so we put all these questions you have for him in front of him. And you can, you know, ask for yourself on the KISS El Paso website, by the way. You look for ASK MICHAEL GOPIN at the top of the page. He comes by monthly. So, ask a question and we’ll put it in front of him the next time he’s around.

Steve: You know, what also is really great? There’s been a lot of questions coming in on the KISS app, and that’s great too because I know a lot of people that listen are able to just send in their question while they’re listening. And that’s such a handy way to do it too.

Host: Third question from Juan.

Steve: Here we go. “A couple of months ago, I went to a pawnshop. It was busy that day, and people were looking at guns.” You kind of feel where this is going. All right, Juan. Someone was holding a BB gun, and it accidentally went off, and it hit me in the corner of my eye. I did not go to the hospital or need medical attention. Is there anything I can do now a couple of months after the incident to get recompensated after what happened to me?

Michael: Well, you certainly could make a claim for getting hit in the eye with a BB gun. From the sound of it, it doesn’t sound like you had much damages in terms of what happened luckily. You didn’t need any medical attention. You didn’t go to the doctor. No urgent care clinic, no hospital. So it doesn’t look like your damage is very much, if any. I’m not sure who was holding the gun either. Was it a customer? Was it an employee? You know, was it something they were selling there in the store? I don’t know that. I’m assuming that it is. But, you know, technically you could hold the the store responsible if it was, you know, an employee of theirs and it accidentally shot off. And it sounds like it would be negligence to me, but it doesn’t sound like you have damages in this case. So there really wouldn’t be much of a recovery, if any.

Host: What if it was a customer? You’d have to track down the customer, huh?

Michael: I mean, if it’s the gun that’s being sold in the store, it’s a different store, then it can certainly be the store’s fault. But if it’s a customer’s BB gun and then he just walks into the store, it’s certainly not going to be, you know, the pawnshop’s fault. You’d have to track down the customer in that case.

Steve: You would also think you wouldn’t have a loaded BB gun in a pawnshop.

Host: You would think, you would think but when you let people, just anybody walk in, you never know what you’re going to get into.

Michael: He was pretty lucky though, not be injured from that type of accident.

Host: I’ll tell you what, I know. I’ve seen that Christmas movie, you lose an eye.

Michael: Exactly.

Host: Okay. So we’ll be, we’ll be right back with more questions for Michael Gopin, Ask A Lawyer. Steve Kaplowitz from 600 ESPN is filling in this morning for Tricia who’s going to be gone for a while, and somebody’s got to ask the questions because I can’t read. So we’ll be right back with another set of questions from you.

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93.1. Kiss FM – Ask A Lawyer – Part 1 – April 21, 2022

Mike: Okay, let’s try this again. Can you tap the microphone? Let me see if I can hear you tap it really hard. Okay, now can I get a woot woot?

Michael: Woot woot.

Mike: Okay. All right. It’s working. Now, let’s see. Steve Kaplowitz is joining me this morning.

Steve: Oh, don’t worry. I’ll make sure that mic works.

Mike: Yeah. I don’t know if his works. I can’t hear him.

Steve: Yeah, me neither. My wife says the same thing for the last 17 years. That’s right.

Michael: [Inaudible 00:00:24.379] Steve.

Mike: He’s not a loud talker. Steve doesn’t talk loud at all.

Steve: No, not at all.

Mike: Steve doesn’t even need a microphone. Actually, that’s what we should have done, to begin with. We should have just given you his…

Steve: That’s right.

Mike: And he wouldn’t even have to shout out the questions.

Steve: You know who I learned that from? The late great Paul Strelzin. Never needed a microphone in his life.

Mike: “That’s right baby. There’s my weenie flag, baby.” Okay, so let’s get started. This is “Ask A Lawyer” with Michael Gopin and these are questions that you have submitted either through the app or on kisselpaso.com, legal questions that Michael will answer for you.

Steve: Fantastic. So Army’s gonna start it off, Mike, and here we go. “I have a question,” Army says. “If you bought a house, then you met a person, she moved in. The two of you have been living together for years. Does that girl have the right to get any part of the house if it was sold?”

Mike: Oh, man, she’d probably take the closet in the bathroom. If she had the right to a part of the house, I bet you those would be the two she would pick.

Michael: Well, sounds like the question is, were you guys common law married or not? And the definition tends to be if you held out as married to other people. So if you said, “This is my wife.” even though you weren’t legally married, and then you’re living together, you’re gonna be common law married.

Mike: So, like, is that the key phrase, or what? You have to utter that phrase to people?

Michael: I mean, basically, yes. Doesn’t have to be those exact words, but you have to hold out as a married couple. So you know, some people will say, “Well, we never got married by the state or the church but, yeah, this is my wife or my husband or something like that.” In that case, if they’re living together, yes, they’re common-law wife, and that is a marriage. So it sounds like he bought this house before he was married, so it’d be his separate property if they were common-law married, and therefore, she wouldn’t be able to get the house, but she would get some reimbursement. She would have a reimbursement claim for the money that the community estate paid out for the house during the marriage. So it’s a very complicated legal situation.

Mike: It sounds like it. Because, like, what if, like, she never put in any money to pay for the mortgage?

Michael: Doesn’t matter because the question is if they’re married. If they’re married, my money is your money and your money is my money. So she is putting into the marriage because the husband’s money is also hers because it’s community property.

Mike: Oh wow. Even if it’s a separate bank account?

Michael: Correct. If they’re married, the first issue is are they common law or not? If they’re not, she has no right to anything. It’s over. If they are, then she has a potential right for reimbursement, depending on how long we’re talking about, but she would have a right.

Steve: By the way, if you’re not married, but you’ve been living together for years, when does the common-law thing kind of kick in? How long does it have to take for it to become common law?

Michael: It could be living together for two weeks if you hold out as married. So if you’d never hold out as married, “I’m just living with her. She’s my girlfriend, and we’re living together,” there’s no marriage. And you could be living there for 50 years, and there’s no marriage.

Mike: So it sounds like you would have to find people, that could back you up saying, “Oh, yeah, he always introduced me as the wife.”

Michael: Correct. It would be a battle of common law or not.

Mike: Oh, wow. Oh, man.

Steve: That’s interesting.

Mike: Yeah. You should have just given her a key and…

Michael: That’s what you would have done. Is that what you’re trying to tell me?

Mike: Pretend you had like a double lock, and that one would only be unlatched, you know, when you were home.

Michael: When it was safe?

Mike: Yes.

Michael: I gotcha.

Steve: I like that.

Michael: It’s a plan.

Steve: Here’s Martha’s question for you. My son was in a car accident after leaving UTEP, the other day. He was hit by another student from Juárez. Does this have any effect on his claim?

Michael: No. The fact that he was from Juárez has no effect on his claim. The question will be, does he have insurance? So, if he has insurance, you’ll be able to recover…

Mike: By he, you mean the driver from Juárez?

Michael: Correct.

Mike: Okay.

Michael: Yeah, the person that was driving the car from Mexico. If they have insurance, you know, there’ll certainly be a claim. They could go through insurance and recover for injuries, for property damage, and so forth. If there is no insurance, which is possible, then he would have to go ahead in his own insurance for the…what we talked about before, the uninsured motorist coverage claims.

Mike: Uh-huh. And that would be provided that he bought that, right?

Michael: Provided that he bought that, correct. So that’s why you need to make sure you have that coverage.

Mike: Because if you just get the cheapest one…

Michael: Liability.

Mike: Liability does not cover situations like this?

Michael: It would not cover, so you need to protect yourself with either collision or uninsured motorist coverage, which is what I would recommend that people get because it only protects the people in your car and not the other guy’s car. So it protects you and your family.

Steve: When you have most of these cases, do most people have uninsured motorist coverage as part of their policies?

Michael: Probably 50%, 60% probably do. There’s a lot of people that don’t and, I mean, I understand the reasoning. It costs more money.

Mike: Yeah, especially like a student. A lot of students, I mean, they just get what they have to get. You know, the $25 a month thing, which is just the liability.

Michael: But, yeah, the problem is when…and things happen.

Mike: And that only protects you when you’re the one that…

Michael: When you’re at fault.

Mike: Yeah. I see, okay. “Ask A Lawyer” with Michael Gopin and Steve Kaplowitz, is in for Tricia who will be gone probably for a couple more weeks, with the questions for Mr. Michael Gopin.

Steve: Another insurance question. This one’s from Andrew, “I was in an accident the day after my insurance expired. I was told by my insurance that they couldn’t help me, because of the date that it occurred. Is this true? I thought there was like a grace period or something like that?”

Michael: Well, I guess that will go to the documentation, and what you mean by expired. If they had sent you written notice that your policy expired on February 1st, and they mailed it to you, you got it, you didn’t do anything about it. February 2nd, the accident comes along, you’re out of luck. I mean, it’s just what it is.

Mike: Yeah.

Michael: So you really have to keep on top of those insurance coverages, so they don’t lapse.

Mike: Right. Or do the automatic renewal option.

Michael; Correct. Yeah. A lot of companies would have backed it out, you know, if you pay and…, “Okay, we’ll just reinstate it.” But once you told them that there’s another accident, there’s no way they’re going to reinstate it and have a, you know, liability on their hands. So, yeah, you just need to make sure that your coverages do not lapse.

Mike: Okay. So then, yes. It’s true. To answer his question or her question.

Steve: By the way, for future reference, if you get into an accident, and your insurance expired the day before, even though you’re taking insurance information, don’t contact your insurance about the accident until you renew your policy.

Michael: A little… Smart tip.

Mike: Can you do that?

Michael: You shouldn’t, but I’m sure that people have.

Mike: You have to get caught.

Michael: Right.

Mike: Okay.

Steve: All right. Here’s Jerry, “When my mother passed, and she had left me and my sisters some things in her will. My father, however, kept all of it and isn’t giving it to us. Can he do this?”

Michael: Well, that’s a legal and a more of a moral kind of question that you have to look at. Depending on what type of property and things your mom left to you. Let’s just say it was a sofa or something like that and it’s community property, so your mom can’t give away community property that your dad has ownership in. So she can give away her half of the community property but she can’t give away your dad’s half of it. So if it’s personal property like that, you can only give away part of it. So, your dad still has a legal interest in that piece of property…

Mike: Your dad needs a place to sit.

Michael: Right. You know, and maybe your dad is sentimental about these items, and really can’t fathom the idea of them leaving the house at this point in time. So I would suggest to be patient…

Mike: Or maybe he’s just a D. And he’s, you know…

Michael: That’s possible too

Mike: I mean, you know…

Michael: I mean, if it’s, you know, a money kind of thing, that’s easy. You can give away money, as long as it doesn’t go over half of the community property.

Mike: Okay.

Michael: So that would be something that she could collect. But, you know, you would need to do it in the courthouse and I don’t know if you want to go against your father in some situation like that.

Mike: It could be anything that’s property. It could be photos, it could be a dresser, it could be…

Michael: It could be jewelry or, you know, her mom’s jewelry, and the dad…, “I don’t really want to give it away, because it really means something to me, and it would hurt me if it’s gone.”

Mike: Which would be like, “You’ll get it when I’m dead.”

Michael: Yeah, exactly. So you would have to weigh the, you know, the pros and cons of going against your father in a court of law over stuff, you know?

Mike: Right.

Michael; It’s not worth it a lot of times, and, you know, I’d recommend giving your dad some time and…

Mike: I mean, you know, unless he’s a big D, in which case, then maybe you [crosstalk 00:09:32.441] about it, you know?

Michael: We can’t answer that type of question but, you know, It could be.

Mike: All right. “Ask A Lawyer” with Michael Gopin, and that’s the first set of your legal questions. We’ll be right back, we have more to ask of Michael Gopin. “Ask A Lawyer” on 93.1 KISS FM.

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