
The Campbell Corner
The Campbell Corner
Season 1, Episode 8: Janine Kucaba
Principal Attorney of the Campbell Law Group, Regina Campbell, has an intriguing discussion with Colombian/Polish Probate Attorney, Janine Kucaba. Join us to learn everything that you've ever wanted to know about Probate but were afraid to ask. Along the way, you might also learn which University in Florida is the best :-)
The Campbell Law Group P.A. while representing clients whether in civil, corporate, commercial, employment, or family law matters, our company’s primary goal is first to help clients minimize the need for unnecessary litigation and conflict where possible. If litigation is necessary, our company is more than capable of representing you or your business’ interest and helping you achieve a fair outcome, while guiding you, your family and your company through the difficulties involved in litigation.
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[Music]
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hi I’m Regina Campbell I’m the principal
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attorney here at the Campbell law group
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and I want to welcome everyone back for
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episode 8 um sorry
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season oh it is episode 8 season 1
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recorder's giving me the look so sorry
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uh we want to welcome today uh fabulous
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uh planning and probate attorney Janine
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welcome thank you thank you very much
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for having me yes thank you for coming
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so
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uh I want to talk to you before we get
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started with the legal stuff I hear you
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have an interesting background
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or
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should I say heritage that's Ricardo to
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say no
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so yeah I think so um I would I would
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call myself the Miami potpourri I don't
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really call myself a Miami mud because
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potpourri sounds better but you know um
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I am I guess what it epitomizes Miami um
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culture my mother um is Colombia she
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came here when she was 29 years old
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and my father
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was polish
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from Philadelphia so
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and um I guess to continue that part
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my father was in world war ii um so he
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was
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the
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son of polish immigrants so first
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generation united American and after
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world war ii he was able to on the go
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bill with the school and um my mom also
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came here
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um after going to law school for a
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couple years in Cali Colombia and
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she decided that she wanted to be
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live the American life and
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to have a different
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life than what was probably
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expected of her in Colombia so she came
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all by herself at 29 um
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with savings in her you know in her hand
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and
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uh took a year of English
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and ended up working as a paralegal here
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in Miami and then my parents ended up
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meeting each other and here I am
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[Music]
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not just American but Miami and I think
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we're seeing this more and more right
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you have uh you know you know immigrants
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coming from different parts whether it's
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starting a generation or two ago down to
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the newer generations and we continue
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the dream so to speak you know your
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mother clearly did I think so she came
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here you know she's your lawyer
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she did two years of law school and then
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and she worked for a magistrate an
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appellate judge in Colombia and she's
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like I don't know I think I want to I
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want to try something else
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but um
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but she I’m basically living I loved her
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I accomplished what she wanted to
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accomplish that's what I was going to
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say I was going to say that that's where
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law comes from I guess yes
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so talk to me a little bit about probate
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um a lot of people don't know exactly
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where probate is
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so I’m glad you're asking that question
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a lot of people have I guess
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preconceived notions what they've heard
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what they've read on the internet and
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what not so you know I I
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with the planning side I do estate
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planning and probate so the same
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planning side is really the way to try
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to avoid probate so what's probate the
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court supervised proceeding in the probe
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division of the courthouse of the court
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and it you know that proceeding
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you appoint a personal representative to
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deal with the dissidents assets that
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person
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collects the assets
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pays any debts of the decedent prior to
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death
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and also
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distributes the assets to beneficiaries
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okay but I guess of court's there also
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to sort of make sure the will is I mean
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if someone wants to contest the will or
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something of that nature that's where
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you usually do it right in front of
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court and right so
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there's the administrative that's you
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know the
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the administration at the formal summer
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and summary those are the two types of
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probates um if it becomes you know
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litigation matter um then that's you
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know it becomes an adversarial uh
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proceeding within the probate court but
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I don't do that I let my partners do
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that so I I do the administrative the
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probate side yeah
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so and I mean you have an even
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background also in tax correct plus so
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it helps with the planning yeah so I do
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I have an ll.m from
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university of Miami um
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in essay planning and um and talks so it
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uh kind of supplements the my business
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degree that I had at the university of
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Florida I have to give a shout out to
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rightly you know because if not rick is
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going to um you know give me
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faces back there so yeah
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my uh I have a couple degrees from the
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university of Florida and I have my
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estate planning
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after I went to law school at the
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university of Florida okay wonderful so
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and I mean I think there's a
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misconception about estate planning of
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course like you said state planning is
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there to avoid potentially probate which
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can be rather extensive timely or just
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overall difficult perhaps
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yeah so estate planning people think
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they have a misconception that state
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planning is just a rich people
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right you know just you know ultra
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wealthy you know of course there is
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unsure of the background tax so there's
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some
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some obviously thinking and there's
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consideration that we're thinking about
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passing on wealth to other generations
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you know tax efficient but I I mean I is
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that you do you think you agree with
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that just for suggestion
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it's not it's um everyone should at
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least uh simple you know the basic
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documents just depending on you know
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what your assets are and what your
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family situation is um you know people
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say oh you know I I have a will I don't
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need to go through it so that's that's
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one of the misconceptions I would say
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um if you have a will
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and
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um assets that are titled properly that
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have destiny and beneficiaries then you
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don't have a probate process um you'll
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you know everything will go directly to
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the beneficiaries like for example a
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bank account insurance policy like if
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you don't have any complicated family um
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you know an adult the beneficiaries and
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there are no minors and things that
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would complicate that
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um you can you know do a simple will
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with designated beneficiaries and even
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even if you do have a minor child
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there's you know
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you know utma accounts that you can set
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up you know transfer to my nurse account
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but keep in mind people are a little bit
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surprised because you can get them at 18
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or 21 depending on the beneficiary so if
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you have you know a million dollars in
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an account um
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you know that you don't want your money
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you know you're 18 years older
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correct to receive that money yes you
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know outright that's you know where you
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want to have maybe trust um set up right
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now control the questions correct right
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so that trustee would be able to control
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you know the distributions to you know
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the kids have you know asset protection
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issues that went through divorce um
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predators drugs um you know things like
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that um because you know unfortunately
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families are not perfect no um you know
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I deal with you know I I really
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you know part of the estate planning
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process is really getting to know the
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families
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um you know a lot of them are blended
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families now you know second marriages
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um kids from you know prior marriages
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and mutual you know kids with current
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spouses and things like that and you
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know getting to know that you know the
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kids and how old they are and you know
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what their issues are if they have you
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know you know
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creditor issues divorce issues special
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needs yeah you know things like that
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that um need to be
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right for yes and it's really important
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because if not I can bring happy correct
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I mean I mean like you said utma the
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child can get potential in money 18 or
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21. that's not always a good thing we
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don't realize that I think we think okay
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let's just put money aside for our child
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and right um so it just allows you to
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set up those who's going to
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make the decisions make sure the child's
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taking care of these basic needs and it
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can avoid of course creditor issues by
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avoiding delivering to the child
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potentially if they have it so I think
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it's so important for you know I think
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people think you have to have millions
7:54
and millions of dollars to do this stuff
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it doesn't not necessary especially if
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you have a special needs child also they
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may not know how to enforce their
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their rights or know what to do if
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something should happen and if it's not
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said maybe that child needs more money
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than another child that might be able to
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has
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I do cater to a large um Spanish
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speaking um population here so
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obviously so um
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I do uh that's kind of how I
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differentiate myself also yes people a
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lot of the attorneys they say planning
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attorneys don't don't speak Spanish
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without that communication that
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connection with someone writing their
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language potentially they don't feel as
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comfortable in English so I found that
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also helps too when I
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you know I don't know how many times I’m
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sitting there and uh they're like you
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know they must speak to lawyer I get on
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the phone
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and Sophia will say oh yeah here's
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Regina Campbell and they're on the phone
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they're like um
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I speak of Spanish and I’m like
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I have the same thing I have the same
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thing I mean
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you know when I I the referrals that I
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do get from other attorneys
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it is important you know to be able to
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speak someone's language and to
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understand I think there's going to be
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more comfortable you know a lot of the
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times they do speaking is true yeah so
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it you know um but they do prefer to
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speak in Spanish
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and I think understanding some cultural
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uh some history and background
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understanding where they're coming from
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it does help as well mm-hmm so having
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that looking at background I think
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that's how for sure
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and um you know so I think also I
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know you
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you had
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well let's start first let's talk a
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little bit about postcode because that
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is a very interesting sort of topic to
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figure out
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how was the probate world in postcode
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what has covered done to it so
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I think it's a it's a good thing because
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before in the probate court we had to
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actually physically go now it's more
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towards um I mean during covenant with
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zoom hearings that we did have to have
10:30
hearings in the administrative side um
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it's all done you know online you
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basically file e-file everything and you
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know I I haven't had to go to the
10:40
courthouse for anything really um
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and unless you have a contested hearing
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then yeah even then a lot of it
10:46
still it stills up by zoom
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or by you know remote um
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obviously the courthouse you know is
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opened up now
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you know some there is some in-person
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hearings that are happening do you see
10:57
more people interested in doing wells
10:59
now or some kind of planning so during
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covet I think was my busiest year I
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think I’ve had yet because it really
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either people you know had someone pass
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away from covid yes
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and it kind of it really hit home to
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people that you know there's a risk
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there I’m like oh you know
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I have kids I have you know um you know
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to make sure that they're provided for
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um you know both husbands you know both
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parents pass away um
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and just you know being what I call
11:26
responsible adults so I always
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congratulate people when people sign
11:29
their documents I’m like how do you feel
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do you feel good
11:32
you feel like a responsible adult now
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so and they feel really they feel a
11:37
sense of belief when they when they sign
11:39
their documents and I can only imagine
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you know older parents that might have
11:46
had difficulty it's even more concerning
11:48
especially when they were at a distance
11:50
and then who takes care of the power of
11:51
attorneys right I often
11:55
I sent you understand on
11:57
planning and um and probate and so forth
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but I so many times the first question
12:02
is is Regina my husband is really you
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know his memory is going really bad you
12:07
know we need to create these documents
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and it's like well wait a minute
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you have to make sure that he has the
12:12
ability to understand them right he's
12:14
lost competency to that extent an issue
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so people are always surprised to hear
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that right um but I think code would
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make people kind of think about these
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things more
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um acutely yeah and you know it's
12:26
the basic you know estate planning
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document that will either revocable
12:28
trust that you know
12:30
comes in you know it is appropriate for
12:33
you know most people you know just it
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just depends on your in your scenario
12:37
and it's also disability documents that
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you touched upon so those are the
12:40
incapacity documents you know what if
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I’m accountable you know it's death and
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it's also in capacity while you're so
12:45
live yeah so the power of attorney does
12:47
that who's the person that can step into
12:49
your shoes to you know deal with your
12:50
affairs while you're still alive um
12:52
health care surrogate
12:54
designation who is the person that can
12:56
sign you know the consent for
12:59
medical procedures and the hospital uh
13:01
the living will also the same thing is
13:03
well affiliated with the healthcare
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surrogate is the pull the plug document
13:07
that
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these are the things that I do not want
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if I’m in a in a vegetative state um end
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stage you know disease
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uh that's what do i not want to
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have done to me medically right
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it's scary for parents and people to
13:31
think about it but imagine how scary it
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is for your children or someone else or
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your sister or someone who knows you
13:35
have to make these decisions not knowing
13:36
how you feel right because it's just at
13:39
least better that we can
13:40
this is this is what I would like you to
13:42
do I’m taking the decision somewhat out
13:43
of your hands or you're worried about
13:45
feeling guilty one child they say leave
13:47
them on the tube leave them on the tubes
13:49
the other child said no she's suffering
13:50
this is worse
13:52
um and then in which case you kind of
13:53
you give them some direction right and
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you know I’ve
13:57
I’ve had to deal with this personally um
13:59
with my father
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my mother's 91 and so you know those
14:04
most people come to me they're like oh
14:05
this is what I’ve dealt with my family
14:07
please you know I want to get make sure
14:08
that I don't have the same situation
14:10
happen to me you know my parents never
14:12
you know signed documents and you know
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I’m in this situation now um where I
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don't know what they wanted yeah um so
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you know this it just it makes
14:21
everything easier because then it's in
14:23
you know this this is what I want this
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is what I don't want and so it's on
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paper
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correct right you know right so because
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that's the other thing is what if you do
14:32
have children one that they'll get along
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right
14:35
uh or true just think differently right
14:37
you know you know let it be let her go
14:39
let her go naturally without pain
14:40
everyone's like no I wanna she could
14:42
survive get too so it's it helps so that
14:45
kind of dynamic and
14:46
and write it down so the courts go well
14:48
no this is what she said she wanted when
14:50
she couldn't speak right you know so
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right and so many people fell into
14:54
comas right I mean they didn't realize
14:55
they were going to go into it they put
14:56
it up on a respirator and then right
14:59
so it was important to have those
15:01
documents
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so it's you know it's usually
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unfortunately it comes down my world is
15:05
you know usually an event a triggering
15:07
event where
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my parents are sick someone passed away
15:10
in my family um I just had a child I
15:13
just got married um
15:14
life triggering events is when people
15:17
usually come to see me because then it
15:18
kind of becomes real for them yes and
15:20
they're like oh I need to be a
15:22
responsible adult like I call them
15:34
who really wants to talk about death and
15:35
taxes I mean no
15:38
so it's
15:43
you know
15:44
um
15:45
so if so-and-so cannot make a decision
15:48
uh who else do you want to make a
15:49
decision about
15:51
your healthcare and you want to be
15:52
together and then like they look at you
15:54
like oh that's right yeah that
15:56
becomes real right yeah and also
15:59
with you know with married couples you
16:00
know they're like if you die first then
16:02
this is the you die first this is and
16:04
both of you died this is what happens
16:06
yeah so
16:07
they're like oh god and yeah so
16:10
you know that's uh it's a bit of uh but
16:12
I mean it's something that has to be it
16:14
has to be done it has to be done and I
16:15
have to talk about it and
16:17
um if you're going to go through this
16:18
procedure that's what you know this
16:20
process and that's what these are the
16:22
things you have to deal with like
16:23
they're not so that's true like you
16:25
said death taxes you know at the end of
16:27
the day you have to deal with uh those
16:28
issues but also incapacitation of the
16:30
things that happen in clients or reality
16:32
I mean you know and bottom line is if
16:33
the documents are done correctly yeah
16:35
and
16:36
the it's only the documents also the
16:38
assets so you have to look at the assets
16:40
how they're titled and make sure that
16:42
they're titled in a way or they have
16:43
designated beneficiaries in a way that
16:46
avoids the probate process yes and then
16:48
so right so I mean if you're going to go
16:50
through you know if my clients are
16:51
going to go through this process pay me
16:53
for this yes they need to have
16:55
everything done because I mean
16:57
but you know unfortunately you know I
16:59
try to keep up with my with the clients
17:00
and updates and hey if you acquire
17:02
something let me know and we can go
17:04
through the assets
17:06
but you know sometimes things get missed
17:08
and then you know someone does pass away
17:09
that oopsie this bank account was you
17:11
know yeah
17:12
yeah they forget ten years later
17:14
right so
17:16
right right so that's you know it's an
17:18
ongoing process it's just it's not a
17:20
one-and-done thing you have to consider
17:22
considering especially young couples
17:23
that acquire assets they buy investment
17:25
properties and real estate and um you
17:28
know things like that
17:30
it's an ongoing process
17:32
so you help the business because people
17:33
don't think about it but some of the
17:34
businesses are passed to pass along as
17:36
well but it's the children towards their
17:38
spouse or potentially to a partner
17:41
uh so sometimes there's operating
17:42
agreements or buy sell agreements that
17:44
say okay then I pass you have to buy out
17:46
you get the first refusal to get my
17:48
interest before my family does or my
17:49
state does right only because maybe my
17:51
partner doesn't want family members to
17:54
be partners and so it's usually a
17:56
liquidity event so they
18:04
yeah that's usually done through
18:05
insurance and things like that so yeah
18:07
so you can help with all that yes okay
18:09
wonderful to know
18:11
put the name and information down
18:13
but we know that we could go we're going
18:14
to give you her information to call her
18:16
community assistance
18:17
so also you were talking a little bit
18:19
before about your father and I know that
18:21
he had Parkinson’s correct he had um
18:24
Parkinson’s for
18:25
about 10
18:26
years and you were involved
18:29
with the foundation I was I was I was um
18:32
I’ve gotten a little busy so I haven't
18:33
been able to uh to go back to that but
18:36
um it's a wonderful organization um
18:38
nationwide they have moving day events
18:41
every year um where they're going to
18:43
raise money and they it's a walk for to
18:45
raise money for their Parkinson’s I
18:47
think they've come up they've actually
18:49
done good stuff with the money right I
18:50
think they've come up with some new um
18:53
you know I guess not new testing but new
18:54
medicine new things that are healthy
18:56
yeah new procedures
18:57
these procedures um uh surgeries in the
19:00
brain things like that forever what
19:02
exactly they're called it's called now
19:03
but um it works um
19:06
what I’ve been able to you know read
19:08
about it's working it works pretty well
19:10
um
19:11
but still you know it's an ongoing yeah
19:13
it's a difficult thing but it's a
19:14
difficult thing
19:15
you're doing good money I mean yeah
19:17
thank you
19:18
it's a wonderful organization I was very
19:20
uh proud to be part of it so good good
19:24
so I also want to ask you and this is
19:25
something we usually ask everybody some
19:27
you know successful people
19:29
we always ask who is the person that's
19:31
influenced you the most in your life
19:33
well I would say I think my parents
19:37
my parents my mom
19:39
you know both of them
19:40
you know came from a bold background and
19:43
um
19:44
incredibly smart people and I kind of
19:46
felt you know they were
19:48
always encouraged me um
19:50
you know to you know education you need
19:52
to be an educated person without
19:54
education you're you're nothing
19:56
um that's the way to you know to have
19:58
you know to be successful and to
20:01
through your education and so you know
20:04
my mother was you know a person who came
20:07
here by herself before
20:09
um
20:10
you know it was when
20:12
Miami was still green
20:14
yeah
20:15
yeah and she had to learn English and
20:16
she had to you know she knew what she
20:19
had to do I mean by yourself and that's
20:21
and unfortunately there was a lot of
20:22
discrimination early on right yeah there
20:24
was there was and um
20:26
you know my dad my dad you know had to
20:29
enlist in a war voluntarily I mean I I
20:31
just I I would ask him you really wanted
20:33
to do that he's like well that was the
20:34
only way that I was going to be able to
20:36
go to college yeah so and um you know he
20:40
was the university of Pennsylvania on
20:41
the g.i bill and went to dental school
20:43
and
20:43
um
20:44
you know I I basically looked at them
20:47
and said I really have no excuse not to
20:49
become a successful person because
20:51
you know those
20:52
the two people really you know your
20:54
parents I mean that yeah
20:57
I’ve always you know looked up to them
20:58
and they said this is the way you
21:00
have to know we did it would they give
21:02
you a better life exactly
21:04
everyone should have better right
21:08
and you know also a little another shout
21:10
out I think um to what I do now to do
21:12
these day planning probates I I started
21:14
you know doing litigation
21:16
and realized that that was not for me
21:18
okay so um shout out to you my friend
21:21
for doing that because uh I run the
21:23
other direction every time you know the
21:25
patient comes up and yeah um or I you
21:27
know I definitely refer to it as other
21:29
people and um so I was
21:33
you know I I practiced that for it for a
21:35
couple years and then I met Celeste Muir
21:37
and toby here to you know judge
21:40
now now retired judgment yeah at a
21:43
university of Florida event oh my
21:45
goodness
21:46
this is how she keeps throwing that in
21:47
there it is you know we're both crazy UF
21:50
gator people so I’m you know any
21:52
opportunity I’m going to but um
21:54
anyway so I met them at the university
21:55
of Miami
21:56
oh no hello what's wrong with me
21:58
university of Florida
21:59
events
22:00
and um oh my god I was a gossip and um
22:03
we just started talking
22:05
I did but you know it's my uh sorry we
22:08
just
22:09
do imagine football
22:11
[Music]
22:13
I already know what football season must
22:15
look like around here um I am friends
22:17
with you know Mr. Rincon over there yes
22:19
um
22:20
so
22:21
you know she
22:23
judge Mira had a litigation background
22:25
and she said hey you know I was telling
22:26
her that I wasn't you know I was
22:28
you know it probably wasn't for me I was
22:30
looking kind of to do something else and
22:32
I was open you know looking to see what
22:34
I was so young and so I
22:36
wanted to explore some possibilities yes
22:38
and she mentioned hey you know looking
22:40
into doing you know looked into doing
22:42
safe planning
22:43
um if you like math you know it's kind
22:45
of all right on the live math and so
22:47
um
22:48
you know try the a planning pro program
22:50
at um
22:51
um or you know go back to university of
22:53
Florida they have a great science
22:54
program so I had looked into that when
22:56
my father was very sick so I really
22:57
couldn't leave to go to Gainesville for
22:59
even a year so I ended up staying um at
23:01
um but you know um was a wonderful
23:03
program and it opened doors for me and
23:06
you know gave me a good um you know
23:08
fundamental
23:09
understanding of you know estate
23:10
planning tax and um and probate so yeah
23:14
and that's unusual there's not a lot I
23:15
know a lot of people do planning and
23:16
stuff like that to combine it with the
23:19
master's in tax I think that's a really
23:21
important thing as well because you can
23:22
help people go beyond that when they do
23:23
have those taxes
23:25
take into consideration how to transfer
23:26
assets
23:27
so that's the other thing like a lot of
23:28
people don't really realize how
23:30
tax-based it is um you know it's a state
23:32
tax gift tax and income tax issues and
23:35
so um it definitely comes in handy as
23:37
far as being able to go you know to get
23:39
into
23:40
and and give the clients a better
23:42
understanding of those abbreviations yes
23:44
and maybe decision making especially
23:46
companies too I think there's something
23:47
more complicated
23:49
yeah yeah I mean you know we do a lot of
23:51
you know we have to have an
23:52
understanding of the tax base but we do
23:54
work with the CPAs yeah for the clients
23:56
to you know to do that be able to draft
23:58
that taxes right correct right right yes
24:01
yes
24:03
so that's really fascinating
24:05
I’m smiling because Ricardo is behind
24:07
the camera and he's and they they she's
24:10
matching gators
24:13
gators
24:13
[Laughter]
24:16
so
24:17
you know okay
24:20
anything else you like to add record
24:22
yes I mean at one point we had an FSU
24:24
associate here this was a disaster okay
24:26
I mean no no no no because I was they
24:28
were just fighting and they were
24:29
fighting and they joke so you know
24:31
you're between gators and FSU and that
24:33
whatever they would play right often
24:35
right right
24:38
every year
24:40
um is the one yeah
24:42
and I’m just like
24:47
well you know this year is probably
24:49
going to be um well it's going to be an
24:51
interesting football season so okay
24:53
i think i think we have to be a little
24:55
humble this year so we'll see what
24:56
happens and FSU is going to have to be
24:58
humble for the foreseeable future
25:02
notice how they have to be humble
25:06
these guys are awesome they're so they
25:08
have so much fur with uh you know forget
25:10
about it yes but I admire them
25:19
so um I want to thank you so much for
25:21
coming today um you know it's a pleasure
25:24
to have you and it's such a pleasure to
25:25
get more information about you know
25:26
different areas of law and you've been
25:27
such a such a knowledge and an
25:29
experienced appropriate one and a simple
25:31
explanation to understand why it is
25:32
important you know and about yourself
25:34
too thank you I love having you thank
25:36
you I love having uh here too
25:40
you know
25:43
it's important to support each other too
25:45
yes absolutely and I think it's
25:47
important for people to see that
25:49
we all come from different backgrounds
25:50
and everything certain things are still
25:52
so possible we just have to set our mind
25:54
to it exactly well thank you for having
25:56
me thank you for coming pleasure as
25:58
always yes thank you so we want to
26:00
encourage everyone hopefully you like
26:01
this podcast we're going to post
26:02
Janine’s information if you'd like to
26:04
get a hold of her also we encourage
26:06
everyone to follow some of those social
26:07
media accounts and become a subscriber
26:09
to our uh podcast and upload podcasts I
26:12
think it's also
26:13
you know it's just out of the podcast so
26:14
far Buzzsprout for example you can become
26:16
subscribers there that'd be great we are
26:18
going to come on hopefully it's followed
26:19
by another platform shortly
26:21
and want to thank them again um I’ll be
26:23
a wonderful day please come back and
26:25
join us for our next podcast thank you
26:34
[Music]