Listener Questions, Duke Football, and Documentaries with Emphasis on the Questions!

This week on the lawyer, Josh and Joe are joined in studio by attorneys Cassandra Nicholas and Ashley Penner to discuss the law and how it affects everything around us is always here at the lawyer. Our attorneys tackle all the urgent burning legal questions such as what is a fiduciary. Are you an executor or administrator or personal representative. What does a trustee do what's the difference between a power of attorney, an attorney-in-fact and an agent, and finally where to do football rank in the preseason football polls.

It's all urgent. It's all coming up next now welcome into the outlaw while you tell your folks. We talk legalese each and every week the lawyers are Josh Whitaker and Joe Hamer managing partners, Whitaker and Hamer from offices in Raleigh going to Clayton Fuquay Marina and Gastonia. They are practicing attorneys here in the great state of North Carolina. Also on the program with us today.

Cassandra Nicholas becoming a regular attorney at Whitaker and Hamer also Ashley Penner get a first time appearance on the program shall join us little bit later but we are getting into so many different topics and working to start with the big fat softball right over the middle of the plate and that's Duke football Josh take away Joseph I have it. I don't usually pay attention to the preseason football polls this year.

I have been as a state.

Fairness is an exciting time to pay attention to that kind of thing I know Cassandra.

I don't think is paid quite as much attention to. I'm not up on. I don't know what's what's the word we do football this year. Your due guy was the word would do football look man, you know what the you know the word because, well, our listeners don't know is that you you said you wanted to mention this specifically to take a dig at me man and here's the thing Josh. I think you should be careful man. I think you should be careful. We know you know I don't dislike state. I just like to maybe even dislike to football, how, but we we've seen. We seen these things within the state. These high goals.

These these lofty expectations and you as a NC State fan Josh and in pretty much any sport you understand the things that can happen to that organization. I want that mall not like you I don't wish bad like I like state I do. I really do men hope they do very well as one urge caution and answer your question at the Asia II do you know you know me very well agile and have some fun with you but yes, NC state you you you never find NC State fan a confident NC State fan were were all worried about the first name of the CVC I'm sure is going to be ready to go at their home stadium, but when asked to that end, I had heard you talk about it and you don't you're not a big eared exam which are not yelling Morgan UNC saying you're not a one-shot UNC fans will sometimes are very aggressive on their where they're at in the standings and things like that will it's hard to be aggressive about Duke football man and I am a true Duke fan you you have some Duke fans who just like Duke's basketball team and they pick a different football team because that's just it was a long period of time where it was very difficult to be a Duke football fan, but in I've always stuck it out, man.

I've always tried to be as loyal as you can. I've gone to a lot of terrible games and sat burning in the hot sun, watching them get destroyed and there is hope for optimism. I have kept up heavily with the new developments and we could talk a lot about it honestly, but is a lot of uncertainty man, how do you know you have a new coach.

How do you know I just know that there's optimism and its cautious optimism. I think they can do dead last in the ACC makes perfect sense to anyone who did that and what else can you do because you have. It's kind of a wait-and-see approach right but think there's better days on the horizon for Duke's football to still have a conference amazed ACC still around me.

What's going on the Valley for the top for the for the time being, there still around. Maybe we make it through this season. May we get at least one more ACC season, and us, that would be the state thing man states like killing it all yeah just disbands to elaborate this qualifying I see from this that I would be exactly how it happened exactly how it out and then joins the SEC and becomes the Duke of the SEC that fantastic school that I don't know how to take a shot at Duke coming there to be if the ACC breaks up. That is a coveted property basketball.

The entire institution so Duke Dukes can know that though the farewell and NC State will to basketball program will farewell because it's a it's a entity unto itself but it's it's Alex TBD about other sports. I have my holy conference can manage.

I hope the conference can stay around but Dante it's a little worrisome man you want talk about depressing Josh you talk about how the ACC tournament. You know, used to be this big thing every vow to watch during school to grow the TVs in like just the thought of there being no conference. Depressing thought is nobody especially with state basketball. Haven't haven't been down here there's been some that I can't remember if I watched only remember if I watched last year and and you said you didn't get in and you 18-year-old me 21-year-old me like if I could and taken off work to watch like every game. Adequate just I was just that committed and now I don't even like really know when it's happening anymore but when jobs and housing.

I saw story that made me think about something that were doing at the firm sent the firm to at the law firm of Whitaker and Hamer.

We have attorneys practicing in several different areas. There's a lot of us these days, but the firm as a whole does a lot of real estate transactional so we help a lot of people. As a closing attorney when they purchase a home office building refinancing our real estate closing transaction.

We do quite a bit of those and your evenhandedness out forced we've been working with a company that helps companies like us develop. What would you call it what artificial intelligent assistant right so we come up with. Still, the name, but we come up with a catheter completely re-we come up with legal assistant and ATI legal assistant named Jarvis and so we been put a lot of work into that Joe and that's that's been a fun process.

It's been a fun process man are RAI assistant is not quite 17 yet.

I'd love for to be that everything has to give. Vicki just like Star Wars. When talking about where stars see through the Star Trek out of the were Star Wars level yet where it it's great that a man it's there's a lot of great technology out there. We work with a company that specializes in it and it's really amazing what it can do just that.

The way that it can be conversational and that the things that it can pull in the way that it can adapt to a conversation is really kind of mind blowing to think you know this is it's not rudimentary.

I mean it's it's sophisticated, but this is nothing compared to what is probably at the top top level of the AI you know developments today. What many scary implications man has to leave them playing with Jarvis so we been playing with Jarvis and we been watching how it communicates with people he communicates with real estate agents and buyers and sellers and taken fetch documents for us. They can answer some questions, but when the story came up. There is a big story in Google Google developing some AI and an employee thought that the artificial intelligence chat bot or whatever. There does not sensing it right.

He was afraid it was you try without terminating Leona with the word to be Cassandra when stuff like this happens yeah so he went. I guess that is what Sandy and means that he went further than just saying the word sentiment.

He said that Google's AI has a soul.

Google didn't like the implications are a little bit too far for them to great this guy that they've developed something that has a soul that's an accomplishment man, they should pat themselves on the back. I bet Silas Ruben so we we been working from six months on on developing Jarvis so that he can assist in this type of thing and I saw story Nasser looking at other stores.

There is an older story about Facebook an article artificial intelligence chat chat by the Facebook was working on and it developed its own language between the chatterbox they were talking to each other and develop their own language and Facebook shut that down I feel like I feel like we should've learned something from the Terminator movies and stuff and hopefully Jarvis doesn't evolve to the point where we get like a sci-fi thing. I don't think our clients need to be afraid of Jarvis.

I am on the other side of that right now. Purchasing a property sets an interesting for me as a buyer to be getting texted by Jarvis John Mrs. smart Jarvis is a great move. I never hurt anyone. I have been like socially chatting with you closely, receiving information.

The professional relationship all right were joined by Ashley Pinter in the studio. Ashley was a little tardy this morning. Even though she left her house, way, way early to be here today – and let you make yeah anyone who knows me knows I'm usually running behind. And so I gave it the college try to get here on time got rear-ended minor fender bender on the way but nothing was going to stop me from being here carries is over and talk about today. Today's whole show is is, we would like to these listener questions shows real answer questions that we get a lot and sometimes are situational like a I got rear-ended what what do I do next door slid from the HOA.

What do I do next. And this is not so much these questions might be so much situational but to come to define some terms that we we use a lot and in their all types of fiduciary relationship. So, here at the outset, I guess the first thing to tell everybody is what is a fiduciary with the fiduciary relationship insulin fiduciary.

I like to really put it in layman's terms is just someone that you have appointed in a document. Typically that were preparing to handle something on your behalf. Someone that you trust someone who is is can be a good person to put in this position of authority and swim different types of fiduciaries and I'm sure we were going to go into delve into those that generally speaking as someone that you know you trust or is a corporate fiduciary someone who is performing this as the part of their job. So again, this is in a trustworthy position so that the fiduciary relationships that were in and tackle today. Again, just defining what some things are a lot of these come up during like estate planning conversations and and we we've talked about them here or there on the show over, over, over time, but so the first question that will tackle is my an executor or administrator and that I don't questionnaires what is a personal representative and so this how this will have to do with estate administration. Those are there doing kind of the same thing but there there are some differences there and so that's a fiduciary relationship that will talk about our second question is, is what is a trustee and what do they do and so you know there's a couple legal areas where a trustee comes into play, and will, discuss that what goes in the being one of those and in the last question is am I a power of attorney and attorney-in-fact or an agent considers in some North Carolina.

There's been some changes in the law that affect the document. A power of attorney document and subordinate to some time talking about that because we we have folks to get confused or maybe don't use those terms. Every day as I thought that would be a good way to get us talking a lot about estate planning and estate administration kind to sides of the same coin soul spent a lot of time today talking about that Morgan. The liars Josh Whitaker and Joe Hamer managing partners, Whitaker and Hamer law firm are special guests in studio today.

Cassandra Nicholas is becoming a regular by the way, and also Ashley Pinter. Her first time on the program so Jim would be nice to Ashley today I want to know more about Jarvis when we get through this program. If you ask Jarvis if there are a fan of an ACC program.

Where's the power in the firm is again to be in NC State answer or zigging to be a Duke answer Joe on Chester's that's… Wow during the break. I'll report back. We've got listener questions coming up on the program if you got a legal situation to your face and you got question you can always call the firm 800-659-1186 at 800-659-1186 and leave your contact information briefly what that calls about an attorney with Whitaker Hamer will be in touch. You can also email your questions to the program and will answer those questions on future shows questions@theoutlawlawyer.com got question answer, the undersigned guess Tony and I see in my notes Morehead city office guys is that happening yeah yeah where that's our that's her next office working to be heading down to Morehead city would try to get down East for a while and and found a good opportunity so that will be talking little bit about that here. Later in the show and and more as we go along but were really excited to get down to Morehead city have a feeling that the future broadcast, especially in the summer.

Where are you where to Morehead city hall for this room. We are getting into listener questions. If you got a situation you're facing. And you just need some answers. You can always call the firm 800-659-1186. That's 800-659-1186 and leave your contact info.

Briefly, what the calls about attorney with Whitaker Hamer will be in touch and you can email your questions to the show will answer them on future broadcast questions@theoutlawlawyer.com solicitor question number one. This is our show focused on defining the fiduciary relationships that you find in in in law right once we come across and were talking to a lot of our clients is our first listener question today is am I an executor or administrator or a personal representative and so that's what were start with today and were lucky because Cassandra Nicholas is here with us and she works a lot in the firm on estate.

What I would call estate administration estate probate. But basically, your client has passed away and were executing their estate planning.

We also have Ashley Pinter with us an attorney over Whitaker Hamer and she does a lot of estate planning at the farm, so she's one kind of puts the estate plan into place, the inevitable happens as much as we regret it in our client unit passes away, and then Cassandra will often work with the heirs to kind of make sure that the estate plan gets executed. So it's good that we have them here today to talk about this and I think Ashley I think the way to start.

This is start like we were estate planning and were having to talk to our client about these fiduciary relationships yet so when I'm working with folks in and on the planning side were only really ever discussing an executor, executor is at personal risk representative just like an administrator is kind of the overarching term but if you're an executor you've been appointed by the will of the person who created the will has chosen you and or ever even someone else is a co-executor to be the person to carry out their final wishes. Make sure their estate is settled appropriately. If you're an administrator, then you know someone didn't do as much planning but there are still rules in place that say where your assets go upon your death and say that administrator is someone who has applied and been appointed to administer your estate as it is under the law rights.

If I go in and sit down. Ashley, one of the questions that she can ask me is okay were were were talking about your will. Who do you want to serve as your executor. Who do you want to be the one that's going to make sure your estate plan is is put into place and that and I have a fiduciary relationship with you to make sure that this happens, it's a lot of people name their spouse. You know their surviving spouse. Sometimes children jumping in this role, sometimes it's financial professional that that will act as executor. Sometimes it's an attorney, but it basically whoever the client is preparing the will can choose anybody who will do it and he can choose anybody I can choose things like famous Jackson can make projects in my executor battling Bo Jackson is interested in being my executor. That's right, you can you can certainly name anyone that you want to do that's living, and over the age of 18 and of course has the requisite competency but they have to accept that position as well so I get folks that a lot of times, yes, typically spouses name each other and then if they've got adult children feel responsible to look at naming those adult children and sometimes you know folks are real concerned about making sure we go in birth order. You know, the eldest is always the same to be the one that should be chosen first. Now it you want to go with someone who is of course trustworthy.

I'm someone you know got good attention to detail right if if my oldest is the one who checks the mail and phrase it in the backseat of the car for six months. That's probably not be the one I wanted cheese and then another factor that a lot of folks will consider is geographic location of the individual that they're appointing as a standard practice. When we create wills and we asked the clerk not requiring kind of bond or surety of that executor, but the clerk does have that discretion. When you appoint someone in the state. We don't have to worry about that. If you're pointing someone out of state they mean may need to have an agent in state to be able to accept on their behalf in correspondence from the clerk and I will say doing estate administration.

The clerks generally are requiring bond right now for any executors or personal representatives out of state.

Even if a well said that they don't need to be bonded and anyone is unaware bond is essentially insurance. You literally die from an insurance agent that covers you in case you totally mess up your fiduciary duty to the estate and take all the money are somehow lose all the money that'll cover the other heirs for that loss so soon executor is is is got some there. There's some oversight there.

Right executor is going is served by the clerk the county clerk. Whatever wherever you pass away was that I died past Wayne wake County is going to wake County estate clerk to watch my executor and executor has to report back.

You have to get these estates closed out and approved clerks are often gonna do that if things didn't get divided up the way the will says so there's a fiduciary relationship. Their special relationship with the executor has to act in your best interest and there someone in there some is good to be watching the executor to make sure that everything gets done so we can define what executor when an executor is like Ashley says she's usually working with people to create an estate plan so she doesn't really usually deal with administrators very much but Cassandra, you gotta get get that from from time to time, and so what's an administrator so as Ashley mentioned the personal representative is the umbrella term for all of these folks that are representing and carrying out an estate after someone passes so executor is someone named in a will. Administrator is if there was not a well the person died intestate. There is one more position as well a collector.

That's also when generally, when there's not a well there can be a well but it's when there's a small estate, up to $20,000. So there's not much to do and they can have a collector so all of these, even if you are named in someone's well as the executor you are at the executor until the clerk appoints you the executor so you have to apply to do that you can be named as the executor and not want to do it. You can renounce that position and never have to serve as executor, Ashley, do you you typically name a secondary got backed up I always try to encourage my clients to just think about who in their circle whether it's family, close friends that they've known for a long time, or Associates business colleagues.

Whatever one they trust to put in that list of succession I will I tell folks I'll name as many people as you want to put because you just never know. And if you lose your first when you've got a backup they are released to leave got and maybe not to death, but to incompetency, lack of capacity specially affects her naming someone who is of their generation, or an older generation.

We want to try to have a backup plan. They are for the jesting cases yeah and I have run into that with estates where the executor and the backup executor for whatever reason or unable to serve, and then another person can step in and Darren executor CTA and I don't remember what CT is a Latin phrase so there are a lot of options in this realm, but essentially all of them need to apply to the clerk to be appointed into that position and sign an oath stating that they're going to carry out that fiduciary duty that we've been talking about. So there. They're going to do what's necessary. Following the statutes making sure that whether there's a will or not. Either the will is being followed or the intestacy statutes that the hardware intestacy. That's right, making sure that those are being followed, making sure that what's happening with the estate is what's supposed to happen the right people get the right personal property. The bank accounts and get split between the right people and those are laid out very specifically whether or not a grandkid gets to inherit anything if they are parent has already passed, and now their grandparent past. So we work through all of those little details to make sure that it's a personal representatives not going to get hauled into court by the click never where you want to be just wanted to Jarvis have a favorite ACC team Jarvis. We gotta work on John Jarvis is designed to answer those types of questions and he'll let you know what real equipment Jarvis is got a snappy little latitude. He'll throw at you is Johnson and that being a UNC fan will fuel it was not. I'll burn this office to the ground. Jarvis lives look before I left my baby Jarvis safely did he say he said I don't understand your client.

I will forward it to a member of your closing team with the closing team so I have had defective answered Duke and I think we need anything of another silly question asked Jarvis if we get a good good reaction out of them but will work on that next segment, outlaw lawyers Josh Whitaker and Joe Hamer. They are managing partners, Whitaker and Hamer law firm offices in Raleigh Garner Clayton Goldsboro Fuquay Farina Gastonia and now coming to Morehead city again. Pricing attorneys here in the great state of North Carolina and guests in our studio also attorneys Whitaker and Hamer, Cassandra Nicholas and Ashley Penner. We have more questions coming up on the other side Gastonia and coming to Morehead city Armory Patrick consumer advocate we talk legalese each and every week here on the lawyer and we give you an opportunity if you got a legal question you're facing. Get in touch with the firm, call 800-659-1186 at 800-659-1186 leave your contact information briefly with calls about an attorney with Whitaker and Hamer will be in touch. You can always email your questions to the show that's questions@thelolyour.com and please check out the website it's cool the outlawing or.com Josh were up to listener question number two are so dedicated to defining and answering questions about different fiduciaries that our clients encounter and encounter daily life and so listener question number two is what is a trustee and what do they do Ashley what is a trustee to trustee is another fiduciary role someone who again that you have that you trust that you're putting in a position where they are going to be managing assets and distributing them to named beneficiaries so you might create a living trust, and appoint that trustee and to carry out your wishes after your death. You might create a will that contains language in it to create a trust after your death and that would appoint the trustee sale can come about in different ways in different documents, but again, always, always someone that you trust and fairly good with accounting details right, not just trustworthy but also good record keepers.

Generally speaking, you want to point your buddy that bounces a lot of checks. I mean, might be a great guy and an you know certainly someone that you want to keep in your circle but not that you want to put in a fiduciary role. I like you want to appoint a nerd.

Usually my clients at the got in line with some kind of accounting background you know my brother-in-law is a CPA and put him in that position, and then of course you might have corporate trustee, someone who again performs this as a duty of their job and might be a financial planner or advisor or their firm typically and that's certainly a special circumstance you would want to know all a lot about yeah a lot of times in the estate planning process.

We talked some about a trustee you're trying to figure out who's going to manage her assets for lifetimes is your underage children lifetimes thing about something happens to you and your spouse at the same time and enforce an accident.

You'll make it all the way to your you know the whatever was average, people died averagely, 74, 77, in the US, but it's very flexible by state there was a report that came out this week. Yeah so you're not you, not make it into your 70s is your appointing someone to take your assets and manage them for the benefit of your children, and so lifetimes.

You can create a trust is very set out some clients yesterday and we talked about some things they wanted to do for their kids if if some happens to them early on likable trustee to make sure course to go to any kind of school after high school with a get their books paid for the Gartner tuition. They got a place to live. You know what the trustee has the power to allow time to trust you have the power to just you know your assets made producing interest in so that interest can go to the children, but they may also have the power to go into the corpus so whatever you got invested. If the kid needs something needs a car and then we we I think we talked about getting the kid some some gifts along the way. Right you know if you get when you get to 31 should have this and if you get, you know your first kid on said this on a down payment for the house and so you can really structure these things depending on what your assets are.

I hope I die with zero dollars but if you die with him with a blot Avastin and help you out with a the you know that the trustee is the one is to fill this role for you, so you might you might also be if you're talking Ashley might also be talking about maybe he would be guardian of your children will take care of them. If something happens to you, but the trustees little bit different if someone is going to be managing the money keeping the records.

Often they have to file some reports. They owe fiduciary duty not only to you but to the beneficiaries of the children would be beneficiaries of the trust and so there's a thing is multiple fiduciary relationships and in that role, but Cassondra you see were people have to step into this role. Once our clients passed away. Yeah, I do have even right now there's one estate that I'm dealing with that. Ashley wrote the willful wire and minor inherited a some personal property and a trust was created within the will. So there's a trustee, just holding onto this personal property for the minor until they are of age until their 21 so that's a owe lesser fiduciary duty, but they need to hold onto that property and not lose it so that is someone you want to trust not not to lose that and a good rule follower that you and I think of the trust as kind of an instruction manual that's been left behind by by our decedent is the person who has passed away and now were left with instructions as to how to manage and disperse distribute these assets so someone you want to typically give you trustee some discretion in case we've not thought of every possible use of those funds in and that's where again the trust is important, but also we've got a feel good about this person that they're going to follow our instructions. Sometimes folks are worried that they might appoint you know grandma or aunt who's going to be a little too loosey-goosey with the fines and and give it all away too soon and I and today's folks I say maybe we need to consider someone else for we gotta really tighten up our our rules are guidelines for distribution. You really have to figure out how how sophisticated your trustee needs to be and then sometimes a family member is a good fit that maybe has some some experience in that you trusted. But if you if you died your your got $10 million in assets that need to be managed and you may be a family member is not the best person and so professional trustee would be an attorney, a CPA, you know your financial advisor always people can serve in that role course you got to get there permission right they got to accept that duty, and I'm sure there's usually fees for for that right you if you're if your aunt are. Your cousin does it, they might not charge any fees to the to the trust. But if again you like 10 million needs to be invested. There's real property, it needs to be managed. You may need a professional and it may be worth worth your money absolutely. And I mean didn't in the planning stages. You want to have met with that professional as well. If you if it does look like when you pass you're going to be in that wealth bracket you want to know what the fees for that service are going to be. I am not a financial planner or advisor, so I always defer and can refer my clients out but you know you want to get the general sense of what needs to be in this trust so that the fees are not eating away at the corpus such that were losing funds that could go to that beneficiary and that would be an institutional trustee. We got a call this institution trustees that the banks of the world and in the investment advisors of the world because your your cousin you grew up with might not be the want to manager $10 million portfolio after your after dawn. So definitely a role that requires some extra trust and that's why it's a fiduciary relationship so that is that is a trustee and that is what they do, you'll see the trustee occupation come up in other areas law comes up in real estate is a trustee on your deed of trust or mortgage document that's yet so you'll you'll see that here there but in the estate planning estate administration role. That's, that's, what it means the outlier's we have Josh Whitaker, Joe Hamer, managing partners, Whitaker and Hamer law firm they host each and every week.

It is a legalese we talked. The topics were doing questions from our listeners.

Today we have special guests in studio Cassandra Nicholas who is becoming a regular we have to start paying her. Ashley Penner also joining us first time on the program Ashley doing a great job by Morgan Patrick consumer Advocate office is located for Whitaker and Hamer and they're everywhere, folks. Raleigh Garner Clayton Goldsboro Fuquay Marina Castilian coming soon to Morehead city. If you got a legal situation you're facing. You've got questions, I've got a way you can get an answer call this number 800-659-1186. That's 800-659-1186 leave your contact information Bruce with that call was about an attorney with Whitaker and Hamer will be in touch. You can always email your questions to the program will answer them on future shows questions@theoutlawbyyour.com again. Check out the website de outlier.com back on the other side Penner were doing question and answer, but we got some sidebar center versus documentary are still me about told the story of Manteo that he was a football player at their name in Notre Dame or Manhattan. I understand Josh why memory is like a middle linebacker in his library was very easy.

He was very popular. He is very prominent. He he was.

He almost won the Heisman as a middle linebacker which is exceedingly easy. I notably didn't win due to his personal drama will know he was there because of his personal drama so the drama had unfolded by the and so part of the EE dedicated his senior season. His his grandmother and his girlfriend died on the same day and he like got in the media and he talked about how like he was dedicating his season to them. And so it was going story for every day again just for our listeners Fishing. Let's go over that because that is immune. It's a show on MTV, but people assume identities and fake it and apparently he was caught up in that it was like that. This was like the original catfish were yet so he basically the early days of Facebook where it was like the Rangers adjust friend you talk to people you didn't really know when, for whatever reason, people hadn't really thought of this idea of hood winking people into thinking you're someone else and turn to this big long relationship. Anyways, I guess it got to the point where this the God whose catfish and him which their speculation it was multiple people like this is really like a deep intricate interesting story but I dissipated himself into a corner to where he was, you have to meet at some point, and he ultimately faked his faked his death. But beyond that fan just fake his death. EE Impersonating other people.

He was like yeah the girl her name was what was it lady. I am never exact Linnea so Linnea that's what was he was likely nasally if she's in the hospital and he was get on the phone for weeks per week. Having a man that he was anti-her to Lene and just breathing as her like pretending like he was breathing all life support into the phone, while the got talk to him and he would like change the cadence of his breathing is not man and actually met the catfish or in person. There's a little clip of the two of them meeting but man tie believes that the person he's meeting is Lene's cousin so they hug and whatever didn't. That was the person he was in a relationship with for years and had no idea. He ran a whole. The guy created entire family. So we created family members list. The goal here was that really what was the goal here is as though it was apparent the gas that the that the individual who is who now identifies as a trans woman had some issues and and basically explains it. One thing I don't like about the documentary personally is they really paint this person that that perpetrated this hoax in kind of a sympathetic light and I got issues with that man because the weight like the merciless way that this was that he went about this and the impact that it had on on man ties just it cannot be overstated. Like when that came out like that was everything and it came out and it just basically derailed everything for him completely tarnished his reputation.

It was a major, major issue, and I remember at the time those a lot of speculation for people locally. He was vocal about this happening to those a lot of speculation that he was in on it and honestly that that was what I thought until I saw the documentary and you can look at it you still them and he was naïve for sure.

But like we really meant stable person I went to would be way too embarrassed to be in the documentary command and the catfish are oriented, they were both interviewed extensively man ties family was interviewed family actually talked to the characters created by the catfish are on the phone to so little girl. He got his little sister to pretend like he was the niece and had the little child sister saying it talking about the girl. But here's the twist Josh so right, breathing into the phone for weeks just breathing in the phone and finally bakes the death right will some time goes by.

And this guy obviously has issues and can't let it go and like start calling and saying that he's the sister like I'm I'm sorts of sister there randomly during a conversation.

He's like Matt's hi, it's me and starts doing the girls I had get away from some people. Now I'm safe and I can tell you that I'm alive yeah but that was right when he was just saying that his grandma and girlfriend died on the same day.

I now proceed to everyone. She was dead and then he find that out like right before the Heisman ceremony gets up there at the Heisman ceremony. He's in there asking all these questions about and he was like I knew that she was alive but I didn't like know what to do so like he just got goes with it is. This is my dead girlfriend who I just talked to five minutes of my go to jail for any of the stuff.

This is like anyone get committed free and is not in this part, that the person who perpetrated the hoaxes is alive and well. Doing just fine. It blows your mind because lately start off the documentary and this is a young man that's that's doing this and then like out of nowhere. They cut and they show the person coming on screen and in like I said transition into a trans woman looks completely different.

It just it's like that. It's like the most mind blowing immediate shock transition even say they give a disclaimer there like everyone that filmed this that that discusses this person had no idea that this person a transition so they refer to it is just nuts me in the layers of it. It's very intriguing meant you don't watch this is the most know about why he was drafted in the NFL. Back in 2013 that he played through last season. Not sure if he is going to be on the roster this season but you watch, I only watch the early portion of the documentary. His family has a huge legacy of Southern California and it was pretty apparent that he was going to go there.

He ends up at Notre Dame from a sign and it was a go from, you know that tropical climate to Notre Dame and he was just kind of lost and all the study was like he was the perfect target for something like this but not seeing someone in dating them for that long and not having questions and I mean is just in gets out of the media and it's almost like he's gotta keep it going to me as crazy. You should you should know if you ever tell me about something or say Joshua should check out his major Josh. I'm not watching it, and I'll never Josh you don't know is a bit catfish slider I heard Bart Simpson has a cameo so maybe well, we do have it when you have a question. I feel like we should at least get to this question. So listen question number three in my power of attorney and attorney-in-fact or an agent so we we get people all the time or kinda confused on what these terms mean and in who they are and what the documents may be called so Ashley I guess the first answer that question is to define what a power of attorney is yes you are not a power of attorney that is a document that someone has signed appointing you as either an attorney-in-fact or an agent in this language is is fairly interchangeable. In 2018 North Carolina Gen. simply passed a update to the North Carolina power of attorney statute and said they updated the terminology used to be called an attorney-in-fact now called an agent. We will still see older powers of attorney that were prepared prior to that update and they are still as long as they were validly executed and in all of the formalities they were intact still effective document still can be used in so we try to be consistent with the language in the document. If if it refers to you as an attorney-in-fact will keep that language but new language would be to call you an agent and I think it creates less confusion. People hear the word attorney and automatically jump to an attorney licensed to practice law, but very big distinction there attorney-in-fact act is just what you call the person that was appointed under an older power of attorney, North Carolina. When I changed, I still have Phil about agent affiliations not special enough. Special Agent yeah I get it, you know, we of course in our real estate practice deal with real estate agent since I that language can become yeah I guess a little confusing for folks, especially if you are involved in real estate transaction and you need to use your power of attorney to allow your agent or your attorney-in-fact whatever they're called in the document to sign so yeah work on that for the next update but that's that's good power of attorney is a is a legal document.

So you're never a power of attorney may be, acting under the authority given to you in a power of attorney. But you.

You are never power of attorney you are an attorney-in-fact or or an agent get a lot a lot less special. But if you're acting in that capacity, you do have a fiduciary duty to every acting force. If you're into your aging parents made you there attorney-in-fact via a drafted power of attorney. You're always acting in their best interest. Even if you have the power to gift to yourself even if there's all kinds of powers. Somebody can give you to be very limited they can limited to one transaction, one checking account yeah can be very limited or can be very broad where you can do just about anything. The person who appointed you as there attorney-in-fact and agent can do.

But you are always subject to fiduciary duty doing what's best for them in a course lots what's best for you. You are best for you know your siblings. But what's best for for them. Something is always an important distinction, but yet another fiduciary. Yeah, I haven't dealt with these very much outside of the real estate context where someone else is signing for someone at a real estate closing. However I did find a limit to even a very broad power of attorney for an estate client someone was named an executor, a spouse who is elderly and their grown child is an agent for them under a very broad power of attorney.

An elderly parent was not available to sign a document for the estate so I allowed the power of attorney to sign click said now so even the very broad ones. Do you have limits where where the agent signing on your behalf may not be effective. There absolutely no you can't give every authority that you have over under a power of attorney you can give your agent certainly some broad authority but for example you won't ever be able to give your your agent the authority to change your will change your estate planning documents. You can give them some authority as it relates to a trust. If the languages they are in very specific, but yeah, absolutely does have some limitations. I probably should've called Ashley first is the break bedwetting is good start.

Good place to point out that if you are someone's attorney-in-fact or agent that power. They've given you ceases that their death so occasion will run into someone who thinks they can still do things when the window when the person who gave the power has passed away in your your power ceases when they pass away, and that's when you have to go get estate opened and become the executor or the administrator, collectively, a personal representative. See you can no longer act on behalf of someone who's passed away under power of attorney, but that's a good that's a good summation of those those definitions. The outlier were to wrap things up after the break Josh Whitaker, Joe Hamer, your host managing partners at Whitaker Hamer law firm are guests in studio Cassandra Nicholas and Ashley Penner also attorneys Ed Whitaker and Hamer offices conveniently located Raleigh Garner Clayton, Goldsboro, Fuquay, Paris to Gastonia and coming to Morehead city.

You got a legal situation you're facing. You always call the firm 800-659-1186. That's 800-659-1186 leave your contact info briefly with the calls about the attorney will be in touch from Whitaker and Hamer. You can always email your questions to the show questions@yellowmother.com back after this welcome back in finals fast Josh Whitaker Joe Hamer are your host managing partners, Whitaker and Hamer law firm their guests in studio Cassandra Nicholas and Ashley can also attorneys at Whitaker and Hamer just like but we got talking about a documentary maybe think what everyone's favorite documentary would be Joseph what is it which favorite all-time panel have favorites of things, generally speaking, I don't like to because I don't want my things to get jealous of one another. So I try… Name favorites. It's simply not that one man.

I like that that's super sad documentaries that that make you want this really hits you in the gut and think is that after you watch it. You're like, well, everything's fine with me so that you guys want one of those is one dear Zachary, if you haven't seen that go check it out. Don't look it up just go check it out and it'll just ruin your whole day is already waddling when it's very, it's good to happy is a happy one.

Ashley got I don't want to turn a documentaries I'll just say so I guess I got it on Tiger King Hank that's a great cost came at just the right time, and honestly I was adamantly and violently opposed to watching it until what was that GM July 2020 square was there else to go but up and say yeah Tiger King. I watched and immediately I was Oliver that Joe exotic.

Yeah, he's entertaining hereby.

He's in Butner, North Carolina in the medical find that that's it.

That's series is not a true documentary films. I'm sorry guys I think County think it is.

Can you Tiger King so that other option is also a serious but like ancient aliens with the guy with hair, were made by aliens. Everything what you if it's boards, to go with last dance really good one and then fantastic fungi or fungi you want to pronounce it but my significant others in the mushroom so we want.

Pretty impressive. The I could make it to the last dance I got like too much of it is to always dancing. That's the problem with I like go to his last waltz.

Would that be a documentary last waltz the band and their last there for that performance. The last waltz. Surely someone is talking about blank faces on the survey talk turn it the last guy will call a documentary made just to make money just to go watch dear Zachary I want you to report back how it makes you feel inside of your heart and everyone hears his visits miserable. Are we talking about the Canadian band the American rock Canadian-American run will one American in the band but yeah the rest of the Canadian guy just he was American news from South gamers name the band's farewell concert appearance and the concert have been joined by more than double bubble bubble, but apparently documentary you liked itself is stuff the just a reminder everybody before here practicing attorneys in the state of North Carolina. No offense to Morgan know we are were happy to help you if you if using the firm can help you with the law from Whitaker and Hamer will always be glad to help you. Hope you will trust us enough to give us a call gives that opportunity Morgan. How can folks get in touch with us right. Here's the number 800-659-1186, 800-609-1186 leave your contact info briefly with calls about an attorney with Whitaker Hamer will be in touch and you can always email your questions to the show questions@theoutlaw.com no show on the books, Josh Whitaker, Joe Hamer, your host with the law from our special guest Cassandra Nicholas and Ashley back next week is attorney licensed to practice law in North Carolina. On the show.

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