The Troubleshooter 04-01-26
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The Troubleshooter Show, hosted by Tom Martino, delivers a comprehensive consumer advocacy and legal advice segment covering real estate, retirement investing, tenant rights, and IRS scams. The episode opens with a deep dive into the new Department of Labor rule allowing alternative investments—like real estate, private equity, and gold—within 401(k) plans, eliminating the need for in-service distributions to self-directed IRAs in eligible plans. Martino emphasizes the importance of having a trustee who permits such investments and warns listeners about scams in this new landscape. The show then shifts to real estate law, with guest Brad O'Brien, O'Brien Legal Services, explaining eviction procedures, squatter statutes, adverse possession (18-year rule in Colorado), and easements. A series of listener calls highlight real-world issues: a man who lost his car title after buying it at auction, a nursing home guardian crisis for a 93-year-old widower, a condo owner battling insurance denial after a water leak, and a landlord facing a bed bug lawsuit. Martino stresses the importance of legal representation and highlights systemic flaws in insurance and landlord-tenant law, particularly in Colorado’s tenant-friendly environment. The episode concludes with a detailed breakdown of the IRS’s 'Dirty Dozen' scams, emphasizing that the IRS never contacts taxpayers via text, email, or phone, and warns against fraudulent tax advice, fake charities, and identity theft schemes.
401(k) plans now allow alternative investments like real estate and private equity without converting to a self-directed IRA, if the plan trustee permits it.
Squatters in Colorado can be removed via an expedited legal process if they lack a lease or family relationship with the property owner.
Adverse possession in Colorado requires 18 years of open, hostile, and continuous use of property without permission to claim ownership.
Landlords cannot shut off utilities or change locks during an eviction; doing so constitutes illegal self-help and can result in penalties.
Insurance companies make money by denying claims—never by increasing service—and policyholders should shop around, especially if they've been loyal for decades.
…and 3 more takeaways available in PodZeus
The 401(k) Revolution: Alternative Investments Now Allowed
“You don't have to go through all that anymore. For some investments, all you have to do is invest.”
Real Estate Law: Squatters, Adverse Possession, and Easements
“If it was a neighbor who also homesteaded, there's a possibility when he fenced that in for 18 years, he would have owned it if it was a regular person.”
Car Title Crisis After Auction Purchase
Fernando bought a car at an auction app but lost the title. The seller refused to issue a duplicate, demanding $200. Tom Martino and Brad O'Brien explore legal options, including contacting the auction platform for leverage.
Nursing Home Guardian Crisis for 93-Year-Old Man
“He's in a crap hole nursing home and he thinks he might be declared incompetent, we're not sure.”
Water Leak and Insurance Denial: A $30K Repair Gap
Deputy D’s condo suffered $51,000 in damage from an upstairs leak. His insurance offered only $17,000, and the upstairs tenant’s insurer refused to pay directly. Brad O'Brien confirms the right to sue the tenant personally for the full loss.
“The IRS never contacts you via text, email, or phone. Any such communication is a scam.”
“Insurance is the only industry, only way they make money is by withholding service and withholding payment.”
“The only way they can increase their profits is to decrease their service to their very own customers for God's sakes.”
Host
Guest
Tom Martino
person
Brad O'Brien
person
401k
other
IRS
organization
Martino Capital
organization
Compass Insurance
organization
Department of Labor
organization
Frank Duran
person
American Family Insurance
organization
Peak Auto Auction
organization
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