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July 22, 2022 5:00 pm
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This week on the outlaw lawyer, Josh and Joe remote into this because the law and how it affects everything around us.
We have Josh in studio also presented her with that and as always, Josh and Joe tackled burning legal questions, such as our skittles on fit for human consumption and what did South call attorney Alex Murdoch just get charged with now and when big business sue each other. Why is it always in the state of Delaware. That's all coming up on the outlaw life now welcome into the outlaw lawyers Josh Whitaker and Joe Hamer managing partners, Whitaker and Hamer law firm practicing attorneys in North Carolina offices conveniently located Raleigh Garner Clayton Goldsboro Fuquay Marina and Gastonia. You know we talk legalese each and every week you're on the program I mortgage-backed or consumer advocate. We have guests in studio. We have Joe remote. We have Josh years of going a lot of fun Reagan of these different discussion points but you have a legal situation. Possibly that you're facing. You got questions you can always call and get answers 800-659-1186 at 800-659-1186 liter contact info briefly with calls about an attorney with Whitaker and Hamer will be in touch and you can always email your questions to the program. We love answering them on the air for future programs. firstname.lastname@example.org and check out the website, the outlaw lawyer.com Josh, I handed over to you and you have a special guest in studio Morgan we do. We got Miss Cassandra Nicholas with us today again were always happy to have her here she's in studio with me.
Cassandra is nice to have you think you happy to be.
It's always nice thing is always nice for listeners to hear someone besides me and me and Joseph, and Joseph is here to hear he's promoting and he's not in studio with Joseph Kinnear's hey I can hear you guys.
You sound really really good and I'm sad not to be there faces, but I am looking at my computer screen and the wall so everything is going pretty good here.
I'm have to apologize as a man in a bad mood today pretty bad mood can ask why I went home yesterday and in the house. As I went to AC units to air conditioning units is very hot. Recording this in the middle of July and went upstairs and it was about 80° in my bedroom side one AC unit on the fritz, as well as disappointing. You know the weekly so that the other side the house is cool in about five hours later that when one else I have I have both AC units at my house that she not working. I've always said that air conditioning is a crutch for the week what it was. It's a hard sleep and that you 80° new set of plans. If you do a lot of stuff I turned up at him like I'm camping her rights when you're camping in the summary to be old and warm.
Still not not very good sleep RR fantastic AC guy Rh bag.
I'll be out today and hopefully will get a good sleep tonight, but I felt like I needed to warn everybody at a time that that's that's what I'm dealing with you. I'll be honest with you, man. It seems your your energy, your mood seems about the same time I was reading about you having a heat wave happened in the in the in the UK get a big heat wave and most of them that they don't know have central air rights are used to try to keep their houses more not nestle to keep them cool so I last saw stat. It was like 5% of the houses and in the UK have central air and there I don't know what the temperature is over there just I like it was really really hot yeah insane. It's on hundred and five Dave had 1100 deaths in really bad scene about 1100 deaths from heat jobs.
I wasn't worried about him like I'm on my concern, my my my peak physical shape.
There you and I went as a younger man, I could handle bit better but your exercise at night sleep and in 92° heat sweated out to be good man let you remind me. You know my wife is a Western New Yorker.
We got to Western Europe we always are there in the summer time. I'm always there during a heat wave and a lot of people is changing up there but a lot of people don't have central air.
The closer you get to the Canadian border so this this is what that reminds me of the house I grew up in that my sister still lives and doesn't have central air. We have one window unit in the living room would hang like quilts on the doors to keep the cold air in that one room and you stand there is much as you can.
And for listeners were usually from North Dakota.
What's that was the summer like in North Dakota I mean their short but the really hot there was when I was a violent really hot ranges. I mean it's over hundred at least a few days every summer and one day when I was in college.
It was the hottest place on earth. One day it hit 126° real temperature. I got home to my apartment which also didn't have and had peeled off all the walls and would like in roles on the yeah yeah you are whining about Josh hundred and 26 in the Dakotas just one day and time. You just sit in oven for one day. It's okay. I don't filing a small meme or something one point but this is the time of year where you have an event or something it doesn't have a C like to invite me right just don't. I don't want to be there so I think that mean for you. Joshua just be don't don't know if you got a seat.
Don't invite me to know the screams of this screams if there are young people out there looking for careers HVAC yet still asleep. Don't sleep on the trades. First of all, but, but you don't sleep on the HVAC minus people or their awesome lifesavers yes like legit lifesavers. But anyway that now you guys know where I'm coming from.
So if I speak to you and I sent a little angrier are coming to the wrong way you give me the benefit of the doubt today, but we do have legal stuff to talk about. As always, we have legal stuff to talk about.
Not one of our big segments, but the the Elon musk Twitter deal. Potential deal is apparently falling apart and there's that dad's big story that's like the mostly no idea what I usually look at legal news before coming sit in studio vessel when it comes up the most and I thought maybe for listeners most interesting part that right now is that if things happening in in Delaware and you see this a lot when big companies sue each other. A lot of them are incorporated in Delaware at least one will be answered. Delaware, a very small state compared to New York or California or Texas has a lot of business litigation and so that's being litigated in Delaware thing is one of our intro questions, but Cassandra received a lot yet they have been very business friendly laws in Delaware so a lot of businesses choose to incorporate their however I haven't been really following the Twitter Elon stuff as closely as I have been his personal drama, which is way more secret twins yeah and I came out yeah and he's solemn increase with his shirt off that he's got a body type that you really strive for its funny when he is richest man on earth body type would yeah we need these famous people were these were all rich people. If you get a picture of him with her shirt off. That's big money. I think even if like I don't think there's a lot of people clamoring to see Elon without a shirt on. If your kids if you're listening and you don't want to be a tradesman. Then next next on your list should be shirtless pictures of billion pesos Businesses body sculpting team has done a great job. So if Elon can hire them as a basis. I read I don't know if it was I did not and researcher thing I heard he was trapped on his yacht and like Germany or something is like a stock is a bridge that he can get through yeah and they will hang them to remove it and they said now stuck on his buddy think he's okay and is doing just fine extended vacation. You think if you were multibillionaire, you like. I feel like you. You have access, you just pay someone to cook you the perfect meals nutritionally. You have the best personal trainer.
That's what they do.
I like doing you look at Elon musk and he's been.
I guess she's a workaholic about the population issues.
I'll tell you guys this you give me $1 billion out. I don't look like this anymore, recognize and clean it up to look like a Marvel superhero me as a society and we need to come together to something else I found out this time a basals maybe think about it when it is one of 24 hour stores again. Macy went out. I guess in fans. I think it's transplant I had to go to the office and takes fans at the office nearby fans. There's nothing's open. After like 10 o'clock. I figured we'd be with Walmart is not open. I don't know, no man, and that's tough because that's thanks for that Stradley. That's what I would go to Walmart so you could avoid some of the traditional wall part pitfalls and there you get in there like 12 o'clock nobodies in their you get peace you get harmony as opposed like 630 in the afternoon and you see some real, some creatures from was I doing and there is not an option anymore. I know it was an option in North Carolina have only been down here two years and it's been infuriating that things close so early, laughing as I used to be. You came you came in and became Cove sure yeah what yeah it was a time like you need a fan at 10 o'clock. You just go to Walmart or I mean, and other things would be open to Walmart was the one that was traditionally open like the whole night, but is not as this is how I was mad I was like what I'm an American living in America that I need a fan at 10:01 PM and I can't get one was mad. That's ridiculous.
So I need to do something. Yeah, I agree.
Let's come together as a society, and let's get Walmart back open 24 hours back to your original question, return answer, but yes, Delaware has an extensive history of being business friendly their business laws are very well litigated right and so they may have course that are just special business courses they really cater to the business communities.
That's why a lot of folks are incorporated in Delaware and so that was the big story today on the Twitter Elon musk front is that they were getting fast tracked.
They have a program to fast-track these type of lawsuits that's coming up in October we sent a lot of time talking about the Dodds decision and the right to abortion right to privacy and all that is I thought would be interesting to bring up that the house did pass at marriage protection act to protect interracial and same-sex marriage.
And that's interesting because you know I wanting a lot of people are worried that you know that the same logic that was used to protect the right to abortion. It was also used in in cases that you notes that everybody have a constitutional right to marry. You want to marry. Is there some fear there that that those decisions may be revisited overturning the next coming couple years so the house did pass a marriage act with bipartisan support and there was a quote there that I really like. So there was an article I can't remember where I pulled this from there. As you know why they did this and want to make sure you have a protect these rights.
There is a Republican from South Carolina representative Nancy Macy had a quote if gay couples want to be as happily or miserably married straight couples, more power to them. I thought that was an odd quote from Republican out of South Carolina represented Nancy Mase, but as we were talking about you. The Supreme Court did make abortion illegal.
They just didn't again just it was a big big thing but didn't protect it is a constitutional right.
The house, the Senate, Congress can always say hey this is legal on a federal level and they have all our Congress seems to have a hard time doing it. I didn't read about the prospects of this making it through the Senate since the sentence of deadlock. Now I haven't seen either, but it's encouraging that it had bipartisan support in the house so we'll see what we got a couple more topics to talk today so there's a big skittle lawsuit that's going to be our next segment we come by from break were coming up against bright but there is a lawsuit. Since someone alleges that skittle is skittles are unfit for human consumption. Serena spent some time talking about that lawsuit always Mr. noun is mispronounce his name. We have an update in the what case Cassandra the Murdoch murderers. The Murdoch murder so we get an update. There's been some action there this week and as always we got our listener questions the tender show so you get some good listener questions this go-round so we got lined up Morgan are IDL outliers Josh Whitaker and Joe Hamer Whitaker and Hamer law firm. The managing partners. There are special guest today. Also, an attorney at Whitaker and Hamer Cassandra Nicholas and we will get into more topics if you got a legal situation you are facing and you need answers I got a phone number 4800 659-1186. That's 800-659-1186. You can always email your questions to the show questions at the outlaw liar.
Now if you go to the website.
Make sure you leave your information there as well. With that question, but also with the phone number is just briefly what the call is about an attorney with will be in touch again that's 800-659-1186 and talk some skittles, next on the outliers.
That's 800-659-1186 and leave your contact information briefly what the call was about an attorney with Whitaker and Hamer will be in touch and you can always email your questions to the program email@example.com). Talk about rainbows skittles on.
I'm excited what's going on with skittles. First of all, Joseph D. Skittles was less than he had a skittle man I hate skittles skills are probably my least favorite candy never resonated with me on this edition of the lawyers brought you by against the MMI kids. I keep them in business. My kids love them I buy them for the kids but may I never been a fan man like candy for me like I like chocolate I guess.
So like sweet candy like sweetheart skittles. This never it's never really been my thing. I know you can't tell by looking at my unfit body but I don't eat a lot of sweets like that Josh, you know, speaking of unfit admin nightclub. I'm definitely not in peak physical condition in I don't know what's up with my tick-tock algorithm, but I will commit tick-tock and for some reason I'm getting all these videos of people like me who earned her not super fit, getting on stuff like zip lines mainly write zip lines and horses and people are having help them on their right and I feel like as a general rule, if someone is having to help you ride something like help you get into it. You should write it and I think that is definitely room for zip lines and and and horses. I think that's the biggest thing I'm saying but I don't know how tick-tock decide that's what I wanted to see but they feed me a lot.
It is only if you see those on your guys, I've got have had zero those crazy Rosemead and videos of people having trouble getting on things different, maybe hipper than me. I'm not on tick-tock anyway but Instagram algorithm.
I could feel the judgment in your I thought it for a long time, and Mike Mike when my kids got on their starts and stops. Are you posting any videos, find you, to tell you. Maybe it pops up in your algorithm. Maybe if you get that algorithm that has people struggling to get on things you can see Chuck just trying to climb a ladder I saw this when it was like three people trying to get this deal the horse you should be on that horse man if it takes like three people to get Yelm out of the horse feel about it but what do they always fall off the horse box zip line breaks something happens and you just wanted to get injured man. It's not even people have that that's that's just injury videos yeah yeah yeah my money to get hurt.
They're not moving right away, but I think it knocked out of me, tell you this is a bold claim, but if it takes three people to get you on a horse and you fall off that horse you're your injured, that's it.
That is a debilitating injury center you need to skittles these things called skittles down. I'm in the same like not a big sweets person camp. If I have more room. I may have another plate of nachos versus a dessert so morning skittles now only there I met a bikini chocolate. Even these people and I guess my kids.
We we we when we we went on vacation here earlier will I guess admin last month by now, but we'll we always give them something's long rod right we always get the kids something like it when you have the car they will get some Pepsi or something you and about my middle kid tropical flavored skittles she's back. That's what he wanted, so I had some of those they weren't terrible but anyway I California man has sued in federal court if sued Mars Inc. the company that produces and sells skittles and they are claiming that the titanium dioxide in the candy makes it unfit for human consumption and to be clear, he is the class representative, but this is a class-action there's there's a bunch people that think it's unfit for human consumption and so I didn't eat at this. There's a lot of things I've learned in my old age I shouldn't have eaten bait they tell you not to do drugs and stuff in your little and you know you could drink a lot of alcohol as some side effects he smokes cigarettes. You know what you're in for. But we're just innocently eating candy you don't realize. I think at a younger age help that it is for you, but I Cassandra you did a little research you know what titanium dioxide you know about it.
I do a little bit, but it's a white coloring ended. The assertion is that it causes genome genotoxicity which is damage to DNA that can cause cancer but the studies are pretty you find out no man, not out. I'll give you my reason why when you're done with your thought. This is not the only thing it's anything like soups and sauces and all sorts of powdered donuts and I'm going this study is a relatively limited but there there moving forward. Anyway, the FDA has not banned it. It's totally legal to use in products in the US so I'm not sure what skittles responsibility is versus the FDA right right if it's legal to land in Europe but not banned by the FDA so the EU has said they will be banning it still for sale in the EU and then the UK, now it's on thing post exit decided there's not enough studies and they are not banning it. However, skittles have already been banned in Sweden and Norway for a while not.
Due to this ingredient due to other, primarily due to some colorings yellow five and six that cause like allergies and hyperactivity in kids and I've heard some of her things about this yellow is the mounting problem.
You know what they say about Mount.
It's delicious and note to self sells skittles stage where the titanium dioxide sounds delicious. What is it do what is it with genomes like listening to what is it why did they even what's the advantage of the confectionery, pastries, cake decorations, toothpaste, all of your favorite things what is supposed to do with the advantage. Why even have it if it makes them prettier just makes it just the white coloring agent you want to make you just it's it it's an agent of color. I saw this I saw this yesterday, I haven't. I wanted I want to get on the I want to get on pacer only on the federal I want to pull down the complaint. I want to see the legal reasoning behind it is yes if the FDA said that's all right you know what, how can you hold you Mars negligent or are culpable are responsible for using it so I do believe that part of it is that the Mars company. The skittles company has been representing since 2016's over the last six years that they would be removing this from their product to so people have in the meantime believe that it's either going to be removed or has already been removed, but they still have not done it and they like purportedly hiding it in their ingredient list. I've never looked at the ingredient list for skittles, but it's alarming.
Just as you when you're eating candy. No one thinks or taken vitamins without think anybody's eating any candy thinking like wow this is this is good for me now you have to assume is killing yourself slowly like I was at the outside sidebar your brows at the lake and get some sodas for the kids and they had mounted right now amount it would have all these different flavors Mountain Dew United to get the code red.
Not stuff that's been around for a while but have always new flavors. A seamless yeah I think Mountain Dew is not because again here around it. Get me some semi-kids bald if we bought all the flavors there was like a gold is like a mango pineapple thing and there's like a hot sauce one and there was like, there's like three or four flaming hot chinos on them and they had like it will taste test right a set up will taste test but talk taste test where you can't see them at straws in them and they have to guess what it was tick-tock if they did I come up in my feed the way when someone choking to death taste tonight after the only people who like me unfit who were being loaded onto rods and things that they probably shouldn't be in letters of the stuff that's in the morning you get some animal videos to some. I was given a guinea pig haircut. I get that one and I don't know the real really know where you're spending your time Josh because the algorithms throwing it out. You will you search on Google to get a haircut and I get a lot of golf video was I kid I feel good about my kids are doing stuff to you and I think that's a warning to you. May you kids might be set you up to put you on a limb. The anyway this lawsuit. It looks it had been able to really research it and came up that it is a class-action these things are usually class actions don't happen overnight or some thought. There's some process there, so this will be going away but will see the bride on it. I don't know if it will make the news. Again, this is the kind of thing that you have companies they say. No publicity is bad publicity but your product being unfit for human consumption is probably not the best health. I'm sure to find a way to settle listener put in the bed but will will keep an eye on it. Anyway, outlaw lawyers, we are talking all legalese and some fun. Obviously skittles. We got a little bit off track there but that's a lot of fun. Josh Whitaker, Joe Hamer on the outlaw lawyers or special guest in studio today is Cassandra Nichols also an attorney with Whitaker in Hamer and she brought the skittles knowledge today and that we want to remind you to the Josh and Joe are managing partners of the firm and practicing attorneys here unit, North Carolina office is located in Raleigh, Garner Clayton, Goldsboro, Fuquay Marina and Gastonia. If you got a legal question of your own and you need an answer I got a number 4800 659-1186. That's 800-659-1186 leave your contact info briefly with calls about an attorney will be in touch with you from Whitaker and Hamer. You can always email your questions to the program will answer them on a future program firstname.lastname@example.org only come back.
Murdoch update. It is a made-for-TV movie, we will basically this and will talk of that coming up next on the outlaw lawyers Murdoch case and this again is just it is made for working to see some kind of TV show. Out of this, but I can't wait to get the update before get there more and I'm still stuck on this candy bar skittles debate here. I was just reading that some other candies don't rely on the was a titanium dioxide and a list here of candies that are brightly colored but don't rely on the titanium dioxide to get that effect. One of them was was nerds and I remember as a kid when nerds his nerves haven't always been around) as kid nurses were new new candy nerves would still be around if I was any candy and nerds way before skittles. Joseph Josh, I'm not a nerds guy nerds fall into the same category as skittles for me with your sweet candy that doesn't have chocolate in it and get my kids man. My kids love the nerds big fan of the nerds. The nerds wrote much any type nerds so we we buy a lot of my just don't eat him dear kids when they did, we is anything about pop rocks. The kids PDF industry kids pop rocks I occasionally do they even were these put them in stuff them in their mouth was the putting Josh my kids get him and again I think social media has conditioned them to really get him they put them in like so there they put them in stuff. They want to see us to do some little reaction to something explosion. I don't get that in your mouth to that man.
It's a very satisfying pop like my kids are very irresponsible when they get can't really candy a lot. A very exciting when it happened last year and even some candy they got no moderation there to blow it out and then they're gonna drive me crazy for the next however long that sugar rush. Last we have one kid we had to hide his candy. He is not responsible enough and by responding I even on the kids level with candy is not responsible enough so he is given the amount of candy it's acceptable for them to eat and we have to superduper hide it from nice the anyway since Ghazni Alec Murdoch cannot cannot: Murdoch away's name spelled, but for a while that's all you heard about this guys was on every criminal podcast he was in in every, every, every news outlet was was covering him wanted living. This podcast is listed on WH.lawyer, it's not.
It's on my old episodes. It's not on our YouTube channel. We dedicate real episode number and you knew that I might've left. Research research is with us or desperately really been consuming a lot of titanium dioxide is operating at full capacity, so we shall at times I'm good, it's fascinating.
This is the kind of story this is this is an attorney, a millionaire attorney in in a town where his family had been prominent for a long time and is kind of fall from grace when you when you look at it in contrast and in the crimes that he's accused of her kind of spectacular in nature and certainly draws people's attention. So this was under the microscope for a long time I've been a little bit quiet on that front for a while, but this week he got new charges when you get charged with Cassandra.
He was finally indicted with the murders of both his son and wife from last summer.
He's been in jail since last October on bunch of other like financial crimes.
This is the first like a lake vicious dangerous thing. He's been really charged with and you may notice Cassandra.
I was trying to look into it and find it before it's time to get on get on the radio get on the mic here but they got a murder weapon they got got bodies. I guess they found the bodies that they know we have a theory. And I guess that's part of the thing.
The prosecutor bringing the charges been very quiet on any new evidence or anything it's come to light since that you know this happened misses a year ago June 2021. They were murdered. I don't believe they have the murder weapon they do know that two separate weapons were used which I think is one of the reasons it took so long to narrow it down to actually charging Alec with the murders but he did have gun residue on his hands and then the newer evidence that I've heard is also high velocity like blood spray on his clothes suggest nearby when they were shot by.
There was him or not. So he was finally indicted. Interestingly, his attorneys that are representing him on these charges were his son Paul, his murdered son Paul's attorneys related to a boating accident where he was driving and a passenger died so that's an interesting potential conflict where his attorneys are representing him in the murder of their former client.
Yeah man, I thought you were to stop it, murdered son and his murdered son was his attorney, his murdered kids that would've been a really interesting story is living son is in law school are trying to get back in law school to better watch out man so Murdoch Murdoch Murdoch Murdoch is you know he's I don't know what he's really admitted to at this point in his his other crimes are if he's admitted to anything anything. There was some way. He's constantly proclaimed his innocence in these murders.
Yeah, his attorney is the entire time and said that he's got an ironclad alibi but now there's also video from his son Paul's phone from that evening on them, just like joking around but the timestamp on the video shows that he was definitely there with them, so holes being poked and in that ironclad alibi.
He's been in jail this and today I think today were in the studio on Wednesday.
I think today is autism a bond hearing leaves no guardian present. He's very being held on his 70+ other charges. I think it's over 80 now and so in these new charges is a bond hearing and we're just talking before he went on again this this is something just happened in the past day or so but we we didn't hear or I'm not sure if they're seeking the death penalty as part of this not yet. It is definitely available. We don't know yet if they will be seeking but that will be an interesting situation to so that was just one murder unrelated to any other crimes, the death penalty wouldn't necessarily be available but it's two murderers and they may be part of some larger scheme because he was implicated other crimes. At the time so it could be a capital murder where the death penalty is available, but no one has been executed in South Carolina since 2011. Because the lethal injection drugs have been available but just last year they have made in South Carolina, the electric chair. The default option for executions in South Carolina. They have also made firing squad available. They haven't yet used either one. But this is way down the road for the Murdoch case, but those are interesting possibilities. You pick Josh yeah I don't know. It seems so you know I have a big big problem just just from a professional standpoint, I'm a big problem. I don't think the state really should be able to execute anyone because you know you give the state give the government. I kind of power it going to do something wrong with it right at me is it's a hard hard thing to come to grips with with me. For me personally understand that it is an option in a lot of states, South Carolina.
Now I'll tell you all the attorneys are talking day on our show are licensed in North Carolina and we are not licensed and in South Carolina so the South Carolina law that me and Cassandra Joe talking about are just what we've been able to glean from the reports and what's going on but yeah firing squad or electric chair. I don't like that I don't like having to choose between those two.
I can imagine firing squad is is the one I picked.
I don't know if I will get in the menu.
I'm thinking about steak potato. That's what I want to do. I don't have to pick on how I'm going out.
That would be awful.
Georgie, Delano, Matt not committing a capital crime landed on it that's going on right. That's if it came down to it if it came down to a between firing squad and electric chair who may fire firing squad. Maybe, maybe it's quicker I don't I don't know me. They both suck really bad inject me to take your time, get the get what's needed to inject me and give me that when I think that's the one you take. If you get the choice it is just so bizarre you know some of the things that are going on and I get no matter what kind of what side of the political spectrum you fall on the matter what what you believe things are things are you know we got you can get lethal injection can get lethally injected anymore. It seems weird and while we just Walmart is only somebody and just suffocate them all know isn't that better Walmart is only open for about 12 hours a day. I feel like I feel like the state in this country. I feel I asked why think I feel like things are changing for the for the worse but anyway this one.
This will continue to be a national story.
This will be one that continues to have people talking and at some point he's not pleading guilty to any of the steps. At some point is going to be trial. I might have to take field trips to the courthouse is only three hours away. However, I don't actually know where this one will be done because all of his other like financial crimes and everything have been handled by the state. The South Carolina state Atty. Gen. because of his like close ties to the solicitor's office in the county that I don't remember the name of, but interestingly the grand jury for these murder charges was the County grand jury, not the state grand jury stop when your enemy was with him and his family were well-connected and so that that's it's been interesting to see all the conflicts take place shows families related to a lot of prosecutors D A's a lot of solicitors and so I'm sure it's been it's been interesting to watch that unfold. But there's a Libya trial one heck of a trial. Try holes at some point because is not is not pleading guilty, but I will keep you up-to-date as things things we will not one the liars Josh Whitaker and Joe Hamer. You can find them at Whitaker and Hamer law firm. They have offices in Raleigh Garner Clayton Goldsboro Fuquay Marina and Gastonia. They the managing partners of the firm. Their pricing attorneys here in North Carolina to get our special in studio guest this week. Cassandra Nicholas also an attorney with Whitaker and Hamer so we move from Alex Murdoch.
We've got listener questions and I look forward to these, and again that's coming up next on the ball I or if you got a legal situation that you are facing, you can always give the firm a call 800-659-1186. That's 800-659-1186 leave your contact information. Briefly, what the call is about an attorney with Whitaker and Hamer will be in touch and you can email your questions to the program and email@example.com and we will answer those on a future episode here of the outlier and you can always visit the website de outlier.com back on the other side right after this, and Hamer are Morgan Patrick consumer advocate and we start with a listener questions so one of the good things about the show is that we we try to encourage our listeners to call in my thoughts. A lot of our listeners try to give him a little bit of direction. You obviously if the firm can help them certainly let them know that if if it but if there's any general advice I can give to to get one of our listeners going in the right directions always try to try to do that and so I did talk to a listener or to the past week or so and again I like to take some of these fact patterns because if it's bothering a listener for something a listeners having to deal with.
I assume there's probably other people at the deal the same situations I like to take names out of a change of the facts and just use these is as listener questions.
We can talk about on the show to see if it might, our discussion might need some some some other so we have a we have a listener question today and the way I phrase this is my long time partner using the word partner is because that in this situation are five pattern while we got to folks living together, they were not married so we know how about we all have a married couple years I got my longtime partner passed away unexpectedly by partner did not have a will did not have an estate plan. I can't access their accounts anymore and they had a car in just their name.
What should I do so in our fact pattern here. We have you know what to say we have a boyfriend and a girlfriend who have cohabitated lived together for a long time, shared expenses, mortgages, bills, but it had accounts in their sole name had vehicles in their sole name right so they had and they had joined the house altogether, and here we have no estate plan.
And so in our fact pattern are are person posing this question to us stating they need access to these accounts, and in theory cannot get the car retitled or what have you. Cassandra works on the lot of estate. We call this estate administration right if we do some estate planning before you pass away help you with your will. That's that's helping you estate plan. Once you're gone, though we work with your ears on estate administration right putting that plan into effect.
Cassandra helps us a lot at the firm with estate administration. This person comes to you Cassandra whole what he got for well not the greatest is right. It is a difficult spot because an unmarried partner doesn't necessarily have legal standing as far as intestacy goes in North Carolina a so heirs of a person would first be their children.
So if their partner had any children.
Those are the legal heirs. If they did not have children, but do have one or both living parents then the parents are the living areas. If they don't have living children or parents, then their siblings are the living areas, and then it goes out further than that. If you still don't have any of those blood relations so you would first have to determine who the actual living errors are and hopefully this longtime partner gets along with whoever that is because the legal heirs are really in the driver seat. When it comes to dealing with estate administration in an intestacy situation where there's not a will is what ecstasy Jessica Sanders using a lot of fancy legal. She sounds very she sounds much longer read in me and Joseph.
But when you pass it away when you pass away and you have a will you have an estate plan was legal or there. When you have a will and test so with a will is testing right intestate is without that's right you die with with you pass away die without an estate plan without a will, it's intestacy and so if you die with a will and we just look at your will. Right we get on the courthouse and say hey Josh did make it. He fell off a zip line unfortunate zip lining accident and he wants everything to go to his wife. He wants some things in trust for his kids. He wants to make sure his best friend from kindergarten.
You know, gets his original intent or whatever it may be the will just tells us either by spine with you.
We don't care about the laws of North Carolina to intestacy doesn't come in and follow the instructions in your will not do something wrong in the will you bless something to someone who's God. Only you know he's not alive. You know we gotta do some we had to some statute reading and figure out what's can happen but you can direct your estate anyway you want to in your will appear course and have a will source stuck with what the laws of North Carolina say should happen and in the and indefensible intestacy laws. Their object is trying to get things to your natural heirs is in the absence of will. North Carolina want things to go to your kids. If you have kids course your your spouses and their if you're married if they're not around is going to go back up to your parents if there their roundabouts go to siblings, but the law in the absence of a will, in the absence of your estate plan. It's going to try to get things to wear.
Most people maybe would want to go but yet if your cohabitating not married, there's no common-law marriage in North Carolina and there's nothing like that so your you're not in a good spot to the person asking this question will you know we we don't have a lot of good good news for them and I made a note here, you know, renouncing doesn't really work right so even if you say in the situation. There's a brother and a sister right we don't have any kids.
Parents are alive. There's a brother and a sister, even if they don't want the stuff right even if they don't want to be heirs then renouncing doesn't get it to the partner there.
There really there really in charge of this and they're going to have to be involved. I guess is the easiest way to say yes essentially they can renounce their right to be the administrator. If an estate does need to be opened with the County Clerk.
But even then that just gives the longtime partner the opportunity to kind of handled things, but it doesn't get like a bank account into the hands of the long-term partner to use his name want or need.
So there two issues. It's the bank accounts and the vehicles vehicles in North Carolina you if they are kind of a lower value if there under $5000 value you can get a DMV form and transfer ownership of those without having to open an estate at all, it would still have to be to an heir. So whoever that areas would then get a type get it into their name and then sign it back over to the partner if they choose to do so. I think there's fingers maybe some people still hold this view that where you have to have a lot of stuff to justify the time or maybe the expense of having an estate plan. Having a will, but that's not the case. You know if you if you pass away, and you got a car you got some bank accounts, you know, even if your states, not $3 million or whatever may be your heirs, who may depend on you are going to have some trouble getting to that stuff. If an estate plan is not in place since there's nothing she can do is lie things and think about.
Obviously, the more the more asset you have more people who depend on you. The more important it is to have estate plans which are gone you may not be around to worry about it, but your your family, your heirs, again, the people at depend on you are going to have a tough time rather than sit down with me or Cassandra or Joseph in and try to figure out all right what state was the easiest way to proceed at this point in the get things to where they need to go but here yet estate plan would've would've prevented this.
No one expects to pass away unexpectedly.
But it's it's just something you get to a certain age is just something you gotta take care of because it can get kinda can be difficult and in the alternative to a will or in addition to OL even you can avoid having to open an estate with County Clerk by having someone else's name on all of your assets so if this vehicle that were discussing had already been owned jointly if there were two names on the title joint with right of survivorship. Nothing needs to be done at all. It is automatically owned by the other person on the title at the passing of the first person.
Same with the bank accounts. If they had added someone jointly on those accounts.
Those automatically pass without anything else needing to be done, so setting up your loved ones for the least inconvenience possible is a really kind thing to do in your life and in my old age I think about anytime.
Where were about to where we been trying to buy a car for a while are hard to find. Right now, but each time you buy something you know getting it getting it titled and in you and your spouse are you in your partner's name are you in a child's name yet what we do set up bank accounts. Make sure that you payable on death beneficiaries are jointly held. It is lie things you can do without sitting down that attorney to try to what you say Cassandra try to make it easier when that time when that time does, but that doesn't exist. This is an example of a tough spot to be in and a lot of not a lot of good advice to give. After the fight definitely a learning experience that maybe others can benefit from the lawyers Josh Whitaker and Joe Hamer Whitaker and Hamer law firm where you can find of the managing partners there practicing attorneys here in North Carolina. Our special guest in studio. Cassandra Nicholas also an attorney at Whitaker and Hamer.
They have offices conveniently located in Raleigh, Garner Clayton, Goldsboro, Fuquay Marina and Gastonia.
If you got a legal situation you are facing, you got questions, give us a call 800-659-1186. That's 800-659-1186 of your contact info. Briefly what that calls about an attorney with Whitaker Hamer will be in touch and you can always email your questions to the program that's firstname.lastname@example.org and will answer those on a future program and always check out the website, the outlaw your.com or back to wrap this one up right after this back into the final segment of the outlaw lawyers Josh Whitaker and Joe Hamer managing attorneys at Whitaker Hamer law firm bright date of North Carolina offices conveniently located Raleigh Garner Clayton Goldsboro Fuquay Green and Gastonia in our special guest in studio. Here is Cassandra Nicholas, also an attorney with Whitaker and Hamer closing up the show.
Josh yeah Hedda had updated seal wanted to share. I so I sold my Wii's local media outlets the front of yes remember about a year ago all me and Joe could talk about were spitting cobras. There is a zebra cobra on the loose in North Raleigh and thousands upon thousands upon thousands of people watched on owned the local media as city employees approached the house where we thought zebra cobra may be so someone had an exotic pet I got away and it haunted North Raleigh for a couple of days anyway. This little 8 inch 9 inch cobra that was out there on the loose. When talk about aunt Chris Gifford was the was the young man is now 22. He was the young man who had a exotic snake collection that made him feel is the most river talk about tick-tock on one of our sisters but but he was a tick-tock say star Cassandra threshold for that is 6.gone trending talks on ending friending snake handler tick-tock or with 100 been the snake reptile community of to say it's a it's a subset of tick-tock famous. He is 110,000 followers on tick-tock since not nothing more than I got cracked and 6 million views on his tick-tock's see what he would. I think if I recall correctly, he would he would let him go in his backyard, film them and that was, is that he was creating as how he's creating content you know when someone got away so you he's kinda shown up to apologize. You know he had 40 misdemeanor charges. I think I give her what he played super there was a reduced amount that he played Sunni loss to snakes and five of them surrender 75 snakes and then he had to pay some fines and then what have you but yet the year in the past week is coming for now to apologize and looks like he's prohibited from owning snakes again and so maybe I think it was August and so was that he intends to maybe venture back into the snake ownership platform when that lunch out Raleigh guy got somebody local made a Suez Canal dodgeball with them in North Raleigh spitting cobras T-shirt Nelson like a dodgeball reference.
I got one but it didn't fit but it was my shirt. I liked that you can fit into it I can I can I can get in there fit you comfortably but it'll get on your body. So guys in. In this situation.
If you're in this inner you your dinner responsible would snakes do you have to register as an irresponsible snake owner for future is that if I lived in the neighborhood and I knew somebody had 75 snakes in their house. I have a problem. I remember talking about accepting the statute. I think I think on the state level. I think the statute was changed a little bag thing is when things we did on the show back then as we look at the statute and it was it was we we thought at the time was severely lacking.
Didn't have a lot of penalty unless someone died from your from the exotic animal that they got away but I remember there being some changes to it now so you have time to look at it before down the air, but now I think there is a registration type requirement now brought to look at that Morgan I don't I don't recall what they changed. But yes, something you want to know right if your neighbor was harboring 75 poisonous snakes is the map and download the another North Carolina legal news that there was a case. Again we were bouncing back between state court and to report there is a case in the Fourth Circuit Court of Appeals, which is federal and it includes the state of North Carolina.
But there was a case where charter school was had a dress code that required girls to wear skirts and that was being challenged and was own appeal that decision came down and in the court center minor things court found that you can do that. It is a equal protection, and probably a title IX violation of nine violation, gender-based discrimination, the court ruled 10 to 6.
I'm actually surprised that it was. I mean, it's not closely split, but there was just people that you can forced to wear skirts and so yes to charter schools and charter schools in here to talk about charter school gets its authority from the state.
It's a state actor similar to what a public school right just a normal public school would be and it yeah seems cut and dry to me but I was it that was there. That was the case that came down to read another case that came down but sadly I see they were at a time. The outlaw live is Josh Whitaker and Joe Hamer again that you can find it. Whitaker and Hamer law for managing partners. There also are special guest, an attorney at Whitaker Hamer Cassandra Nicholas in studio with us today.
If you got a legal situation that you are facing, you have questions you can always call the firm 800-659-1186.
That's 800-609-1186 leave your contact information briefly what that calls about an attorney with Whitaker and Hamer will be in touch. You can always send your questions to the program email them email@example.com and we will answer those on the other one is in the books will see on the radio next week. This is the following is an attorney licensed to practice law in North Carolina disappearing on the show. Maybe license North Carolina attorneys discussion of the chosen to be general in nature and in no way should the discussion be interpreted as legal advice. We would like. Once an attorney licensed in the state in which you live at the opportunity to discuss the backs of your case with you.
The attorneys appearing on the show are speaking in generalities about the law. North Carolina and how these laws affect average North Carolinian. If you have any questions about the content of the show, contact us directly