WEBVTT - SYSK Selects: How Wills Work 0:00:01.440 --> 0:00:05.400 Hey, everybody, it's your old pal and trusted confidante Josh 0:00:05.880 --> 0:00:08.480 and for this week's s Y s K selects, I've 0:00:08.600 --> 0:00:12.280 chosen How Wills Work to Die in the Wool example 0:00:12.320 --> 0:00:15.080 of a classic Stuff You Should Know episode where we 0:00:15.120 --> 0:00:18.160 did our absolute best to find the most interesting stuff 0:00:18.560 --> 0:00:21.919 about a seemingly boring topic. Plus it's chock full of 0:00:21.960 --> 0:00:25.439 helpful legal advice issued by a pair of decidedly non 0:00:25.560 --> 0:00:29.040 lawyers us at any rate, I hope you enjoy it, 0:00:29.400 --> 0:00:34.360 Take care of Welcome to Stuff you Should Know, a 0:00:34.479 --> 0:00:43.120 production of My Heart Radios How Stuff Works. Hey, and 0:00:43.159 --> 0:00:45.800 welcome to the podcast. I'm Josh Clark with me as 0:00:45.840 --> 0:00:52.360 always is Charles W. Chuck Chucker, Chuck Tran, Brian Chuck 0:00:52.360 --> 0:00:55.120 trans so weird to me, I don't get it. Yeah, 0:00:55.160 --> 0:00:57.920 I have no recollection of where that came from. Are no? Wait? 0:00:58.040 --> 0:00:59.960 It was from a show though, Yeah, you didn't just 0:01:00.040 --> 0:01:02.120 make that up, not just now, No, it was there 0:01:02.200 --> 0:01:04.360 was It was in relation to something we were talking 0:01:04.400 --> 0:01:08.000 about at the time. Someone It made sense once, okay, um, 0:01:08.040 --> 0:01:09.959 I was on our Facebook page. I was looking for 0:01:10.040 --> 0:01:12.399 discussions like sometimes I like to go on and read 0:01:12.440 --> 0:01:15.600 like what's your favorite line? Did you ever. Have you 0:01:15.600 --> 0:01:19.759 ever read this? It's like a trip down memory lane. Really. Yeah, 0:01:19.800 --> 0:01:22.440 there's like whole discussion threats. There's like forty different threats 0:01:22.640 --> 0:01:25.160 people have created. But there was one that was like, 0:01:25.200 --> 0:01:27.600 what's what's your favorite stuff you should know line of 0:01:27.640 --> 0:01:29.679 all time? And I can't I can't find that thread 0:01:29.720 --> 0:01:31.840 any longer. It was a good one. Did you go 0:01:31.880 --> 0:01:33.319 through and count on how many you had and how 0:01:33.319 --> 0:01:35.800 many I had? I did not count. I kept a 0:01:36.000 --> 0:01:38.600 running tally, but I didn't count just mentally. I didn't 0:01:38.600 --> 0:01:42.000 write anything down as it as it were. Chuck. Yes, 0:01:42.360 --> 0:01:46.679 nineteen seventy nine was a pretty good year for movies. Yeah, sure, 0:01:46.800 --> 0:01:51.160 allow me. That year the Muppet movie came out, Creamer 0:01:51.240 --> 0:01:54.200 Versus Kramer was number one at the box office. One 0:01:54.240 --> 0:01:58.200 of my personal favorites Amityville Horror, the first one, the 0:01:58.280 --> 0:02:02.800 nineteen nine one m what do you Allen's Manhattan the Jerk. 0:02:02.920 --> 0:02:05.840 That's my favorite all time movie. Manhattan is I've not 0:02:05.880 --> 0:02:09.760 seen it? What I have not? Okay? The Jerk is awesome? 0:02:10.760 --> 0:02:13.119 Oh wait, the Jerk or Manhattan? I said Manhattan. You said, 0:02:13.160 --> 0:02:15.400 uh huh, yeah, Manhattan. I was just I was changing 0:02:15.400 --> 0:02:19.560 the subject. Okay, all right. I like the Jerk, Alien, 0:02:20.000 --> 0:02:23.720 Rocky Too, Alien so far ahead of its time, Moonraker 0:02:24.480 --> 0:02:28.280 so behind the times. But none of these held a 0:02:28.360 --> 0:02:33.160 candle too in my opinion. Overlooked movie by director Michael 0:02:33.200 --> 0:02:38.280 Schultz a classic called Scavenger Hunt. Really have you ever 0:02:38.320 --> 0:02:41.560 seen it? No, you've not seen Scavenger Hunt? Uh? No? 0:02:41.840 --> 0:02:43.680 Was it kind of a riff on? It's a mad, mad, 0:02:43.760 --> 0:02:48.120 mad mad world. I can see how some maybe some 0:02:48.360 --> 0:02:53.639 uh elitists might make that distinction or that that um comparison. 0:02:53.760 --> 0:02:57.400 Okay um. I personally think that it's a great movie 0:02:58.320 --> 0:03:02.400 and it's about vin and Price. While it begins, Vincent Price, 0:03:02.600 --> 0:03:07.080 is this aged video game magnet? Was he ever young? No? 0:03:07.760 --> 0:03:11.480 He was born like gold and gray. Yeah, and suave, 0:03:11.520 --> 0:03:15.160 though he was much more suave than he led on. Um, 0:03:15.240 --> 0:03:18.160 he is dying and he actually does die playing one 0:03:18.200 --> 0:03:20.600 of his video games. And then you cut to the 0:03:21.200 --> 0:03:24.760 his his former home, and his lawyer is executing a 0:03:24.880 --> 0:03:28.680 will which his stated worth two million dollars. And it 0:03:28.720 --> 0:03:32.000 turns out we learned very quickly as all the characters assemble, 0:03:32.360 --> 0:03:34.600 that the whole thing is up for grabs to a 0:03:34.720 --> 0:03:38.840 single team who go on a scavenger Hunt. Did you 0:03:38.880 --> 0:03:40.480 really see this or is this just I grew up 0:03:40.520 --> 0:03:43.360 on this one? Okay, Yeah, that's a great movie. Have 0:03:43.440 --> 0:03:45.600 you really not seen it? No, I've never heard of it. 0:03:45.640 --> 0:03:47.680 I strongly recommend it, and I found it just to 0:03:47.720 --> 0:03:49.640 get myself in the mood. I found it on YouTube 0:03:49.640 --> 0:03:52.840 and parts I think eleven parts, like ten minutes segments. 0:03:52.840 --> 0:03:56.480 So if you're a very cheap person um or can't 0:03:56.520 --> 0:03:59.520 find it, it's up on YouTube. Sweet. I think if 0:03:59.520 --> 0:04:04.600 you search um Scavenger Hunt and then in parentheses nine, 0:04:04.680 --> 0:04:08.280 it'll it'll bring it up. Awesome. So the whole point 0:04:08.320 --> 0:04:10.840 of that was that number one, scaveng John is a 0:04:10.840 --> 0:04:14.200 good movie, and number two people do some wacky things 0:04:14.200 --> 0:04:17.640 with wills. That scenario wasn't that far off from things 0:04:17.680 --> 0:04:21.040 that people have done with their wills. We're talking about wheels, Chuck. 0:04:21.560 --> 0:04:26.720 Let's get ready to talk about contract law. I know 0:04:26.880 --> 0:04:29.159 this is one of the first articles I wrote, and 0:04:29.200 --> 0:04:30.960 it was a little rigid, but there's not a lot 0:04:31.000 --> 0:04:32.320 you can do. I mean, try to make it a 0:04:32.320 --> 0:04:34.560 little fun in the end. But I was fully planning 0:04:34.560 --> 0:04:36.640 on complimenting you on this article. It's a good article, 0:04:36.680 --> 0:04:38.960 it's comprehensive, it's got everything you need. I mean, you 0:04:39.000 --> 0:04:41.000 don't get into like any of the legal mamo jumbo, 0:04:41.080 --> 0:04:43.000 but that's not the role of the site. And you 0:04:43.040 --> 0:04:44.440 know what, let's just go ahead and say, I'm glad 0:04:44.480 --> 0:04:46.240 you brought that up. We are not attorneys. You should 0:04:46.279 --> 0:04:49.040 not take this podcast and base your will and life 0:04:49.040 --> 0:04:53.239 on Please do not do that. No, but that being said, 0:04:53.720 --> 0:04:55.960 you can get um all the documents you need to 0:04:56.000 --> 0:05:01.039 create your own will for six dollars and cents at Staples. Really. Huh, yeah, 0:05:01.080 --> 0:05:04.000 they have everything. Well, that brings up one of the 0:05:04.040 --> 0:05:07.400 first points, which is a will isn't super complicated to 0:05:07.640 --> 0:05:10.880 draw up, um, and it varies from state to state, 0:05:10.960 --> 0:05:13.160 so you can do it yourself, but you should get 0:05:13.200 --> 0:05:16.080 an attorney to look over things. But if you want 0:05:16.080 --> 0:05:19.040 to save a few bucks, you can always go to Staples. Well, well, 0:05:19.160 --> 0:05:21.200 we should probably say that again and again through this 0:05:21.400 --> 0:05:24.679 this podcast, as you did again and again through this article, Like, really, 0:05:24.839 --> 0:05:27.200 you should have at the very least an attorney look 0:05:27.240 --> 0:05:30.320 at your will if you're gonna do it yourself. Right, Um, 0:05:30.400 --> 0:05:32.840 let's talk about some of the specifics. Man. If if 0:05:32.880 --> 0:05:37.240 you are um, if you have ten minutes to write 0:05:37.240 --> 0:05:39.320 this thing a piece of paper and a pen. What 0:05:39.440 --> 0:05:41.320 are the high points that you want to hit to 0:05:41.480 --> 0:05:44.520 make your will as close to legal as possible? And 0:05:44.560 --> 0:05:47.920 by the way, state law governs wills, right, yeah, And 0:05:48.120 --> 0:05:50.560 you always got to check with your state and if 0:05:50.600 --> 0:05:52.240 you if you want to call it up and be like, state, 0:05:52.279 --> 0:05:54.320 I got some questions for you. And if you have 0:05:54.360 --> 0:05:56.440 a will in one state and you move, it'll it'll 0:05:56.480 --> 0:05:59.000 still be valid. But you still should check your state's 0:05:59.040 --> 0:06:01.400 laws and stuff like that, right, Because is it the 0:06:01.440 --> 0:06:03.720 state you die in that is the state that you 0:06:03.760 --> 0:06:06.960 execute your your will is executed in? Jeez, because it 0:06:07.000 --> 0:06:09.000 seems like if you were going to move, it would 0:06:09.000 --> 0:06:11.320 seem like that's the way it would go. I guess. So, 0:06:11.440 --> 0:06:13.640 but what if you you die on vacation Hawaii? Is 0:06:13.760 --> 0:06:16.640 your will wouldn't be based on I think. I think 0:06:16.680 --> 0:06:19.599 it's pertains to the state in which it was drafted 0:06:19.640 --> 0:06:23.960 and approved. Check with your lawyer. Check with your lawyer, 0:06:24.320 --> 0:06:25.880 or at least call the state. I didn't think you'd 0:06:25.880 --> 0:06:28.240 stop me so early, all right, So what you want 0:06:28.240 --> 0:06:30.280 to have, at the very bare minimum is your name, 0:06:30.920 --> 0:06:33.800 your spouse's name if you have one, and when you 0:06:33.839 --> 0:06:36.880 were married, yeah, your your children's names so they can 0:06:36.920 --> 0:06:39.560 make sure they're not confusing you your other spouse with 0:06:39.600 --> 0:06:42.360 your spouse in the will. That's right, Um, your children's 0:06:42.400 --> 0:06:44.160 names and I love this part. How you want any 0:06:44.200 --> 0:06:47.000 step children or false foster children to be treated? You 0:06:47.000 --> 0:06:50.720 could be like, well, yeah, please treat them well. Um, 0:06:50.760 --> 0:06:54.000 a statement revoking any other wills if you have one, Um, 0:06:54.000 --> 0:06:56.720 you gotta name your executor and an alternate. You should 0:06:56.839 --> 0:06:59.520 name an alternate list of powers that you want that 0:06:59.560 --> 0:07:04.680 executive or to have special gifts, personal property and uh. 0:07:04.800 --> 0:07:09.200 Instructions for distributing paying debts. There are actually you know, 0:07:09.279 --> 0:07:10.800 you can't decide whether or not you want to pay 0:07:10.800 --> 0:07:13.320 your debts, but after debt has been paid, how you 0:07:13.360 --> 0:07:16.680 want your stuff to be doled out? So I'm officially 0:07:16.680 --> 0:07:21.080 founding a movement that if your debtors can't get the 0:07:21.120 --> 0:07:24.960 money they need out of you while you're alive, that's that. Yeah, 0:07:25.000 --> 0:07:27.240 didn't you look that up? What's the what's the law? Well, 0:07:27.360 --> 0:07:32.960 the for it varies by state again, um, but generally, 0:07:33.160 --> 0:07:36.240 if you have enough money to pay, say like a 0:07:36.280 --> 0:07:39.400 credit card debt, you have to pay that credit card debt. 0:07:39.720 --> 0:07:43.120 But there there are um, there are onuses on credit 0:07:43.120 --> 0:07:46.640 card companies like they have to notify your executor um 0:07:46.680 --> 0:07:49.679 within like sixty days or something of this outstanding debt 0:07:50.480 --> 0:07:54.040 um and if it turns out that there's not enough money, 0:07:54.480 --> 0:07:57.680 then you can basically say like, sorry, that's that, and 0:07:57.720 --> 0:08:00.760 the credit card company has to write it off and 0:08:00.800 --> 0:08:03.960 then we all pay for it with our outrageous financing fees. 0:08:04.840 --> 0:08:08.720 In the end um burial instructions. You can sometimes put 0:08:08.720 --> 0:08:12.000 it in a will, but you should burial. I just 0:08:12.040 --> 0:08:15.720 got thick tongue, didn't burial And you probably want those 0:08:15.720 --> 0:08:18.360 somewhere else though, because sometimes the will isn't like immediately 0:08:18.400 --> 0:08:20.400 accessible if you've got it locked in a safe in 0:08:20.440 --> 0:08:23.720 your family does another combination, they're they're gonna lead you 0:08:23.800 --> 0:08:27.040 laying around on the floor for days. You don't need 0:08:27.080 --> 0:08:29.680 to sweat your pension plan or life insurance or annuity 0:08:29.760 --> 0:08:32.560 stuff like that because that's all taken care of they 0:08:32.679 --> 0:08:35.160 the beneficiary or in those documents, so it doesn't need 0:08:35.160 --> 0:08:36.920 to be in your will, right, and it can actually 0:08:36.960 --> 0:08:39.360 screw things up, right, not screw things up. It can 0:08:39.360 --> 0:08:43.440 slow things down because you can say I I want this, 0:08:43.720 --> 0:08:45.680 you know, my life insurance policy to go to my 0:08:45.880 --> 0:08:49.080 estate and then divvy it up, but that just adds 0:08:49.120 --> 0:08:52.559 a lot more time to the process. Correct. Absolutely, Um, 0:08:52.600 --> 0:08:54.440 you should probably in most states have to be at 0:08:54.480 --> 0:08:56.920 least eighteen years old to have a legal will, and 0:08:57.000 --> 0:08:58.959 you have to everyone knows you have to be of 0:08:59.080 --> 0:09:02.920 sound mind and body or I think it's just sound mind, yeah, 0:09:02.960 --> 0:09:04.920 because I mean, what does your body of do with? 0:09:05.000 --> 0:09:07.120 As long as you can make an X or you know, 0:09:07.559 --> 0:09:11.360 draw a whale like quick wag, you're fine. So what 0:09:11.400 --> 0:09:15.400 does uh, what does that mean legally speaking? Mentally? Um? Sound? Well, 0:09:15.400 --> 0:09:17.520 I'm glad that you brought that up, or I'm glad 0:09:17.520 --> 0:09:19.400 that you put this in the article because I think 0:09:19.400 --> 0:09:23.400 it's a good idea. Basically, you have to know that 0:09:23.440 --> 0:09:27.000 you own property. You have to know about it, right. 0:09:27.080 --> 0:09:28.800 If you don't know that you have like a hundred 0:09:28.800 --> 0:09:31.040 acres in Montana, then you're not probably a sound mind. 0:09:31.600 --> 0:09:33.680 Or you did at one time know that you had 0:09:33.720 --> 0:09:36.960 it and just don't remember any longer. That that could 0:09:36.960 --> 0:09:39.760 be a problem as well. If you're not it is 0:09:40.600 --> 0:09:43.360 it's it's kind of said to not be of sound mind. Um, 0:09:43.400 --> 0:09:46.240 if you're not suffering from a mental illness, which I 0:09:46.280 --> 0:09:49.079 remember I saw a remake of Psycho which wasn't psycho 0:09:49.160 --> 0:09:50.920 to It was made for TV, and it was kind 0:09:50.920 --> 0:09:55.680 of a spoof comedy. And the thing starts with the 0:09:55.720 --> 0:09:58.640 execution of Norman Bates will and it gets to the 0:09:58.640 --> 0:10:01.320 point where it says, I Norman eights being of sound mind, 0:10:01.400 --> 0:10:04.840 and everybody in the rooms like. But it kind of 0:10:04.880 --> 0:10:06.679 brings up a point like, what do you do if 0:10:06.720 --> 0:10:08.680 you are mentally ill and you have a bunch of 0:10:08.720 --> 0:10:11.360 assets and you've never created a will and you want 0:10:11.400 --> 0:10:14.439 to create when you just do you die in testing? 0:10:14.720 --> 0:10:18.040 That's a good question into state. I do know that, Uh, 0:10:18.080 --> 0:10:22.600 if you become mentally ill later on, then it doesn't 0:10:22.640 --> 0:10:24.360 matter as long as you have a sound mind when 0:10:24.360 --> 0:10:27.840 you first wrote the will, right, okay, um. You also 0:10:28.400 --> 0:10:30.280 need to be aware of the people who are related 0:10:30.320 --> 0:10:34.160 to you again, like, not like you fathered a kid 0:10:34.240 --> 0:10:36.920 back in nineteen sixty two that you didn't know about. 0:10:37.160 --> 0:10:39.320 That's not what they're talking about. They're talking about the 0:10:39.360 --> 0:10:41.400 kid that you had nineteen sixty two and raised into 0:10:41.440 --> 0:10:45.440 an adulthood is still recognizable to you. And also, you 0:10:45.559 --> 0:10:49.200 generally probably shouldn't hold conversations with lapper cons that tell 0:10:49.240 --> 0:10:52.320 you to burn things, right, that's usually a big red 0:10:52.320 --> 0:10:54.440 flag that you might not be a sound mind. That's right, 0:10:55.280 --> 0:10:59.520 so chuck that sound mine. Um, and let's say you've 0:10:59.559 --> 0:11:01.880 got that check check check. You know about your land 0:11:01.920 --> 0:11:05.160 and Montana, you know your kid's name. Um, you you 0:11:05.280 --> 0:11:09.440 don't suffer from mental illness, and you are ready to 0:11:09.480 --> 0:11:14.960 create your will? All right? Boom the executor. Yes, that 0:11:15.080 --> 0:11:17.480 is the most important person in your will, because that 0:11:17.600 --> 0:11:20.480 is the person that is gonna make an inventory of 0:11:20.520 --> 0:11:23.600 all your junk. Um, they're gonna pay your debts. They're 0:11:23.960 --> 0:11:26.360 legitimate debts. That is not vinny who comes over and 0:11:26.360 --> 0:11:30.480 says you will meet although you may want to pay 0:11:30.520 --> 0:11:35.080 that too if you're smart. Um distributes the assets under 0:11:35.120 --> 0:11:37.400 the terms of the will. So it can be anybody, 0:11:37.440 --> 0:11:40.440 but you want it to be someone you really really trust. 0:11:40.679 --> 0:11:45.000 Someone who's probably pretty smart, maybe has a little business experience, 0:11:45.520 --> 0:11:51.000 and someone who is thoughtful because you can get ugly. 0:11:51.120 --> 0:11:53.280 You want someone this is a tough time for a 0:11:53.320 --> 0:11:56.480 family usually, and you want someone that's got some a 0:11:56.520 --> 0:12:00.280 good bedside manner if they're going to execute your will, right, 0:12:00.440 --> 0:12:03.000 not some jerk. Right. You also want somebody who has 0:12:03.040 --> 0:12:04.680 a lot of time to go to your house and 0:12:04.720 --> 0:12:07.640 inventory stuff. I remember when I found out my sister 0:12:07.760 --> 0:12:10.880 is my dad's executive tricks um, And I was like, 0:12:10.880 --> 0:12:15.600 what about me? And I read about all that. Okay, 0:12:15.760 --> 0:12:17.720 you're just like cut me the check. Yeah, I actually 0:12:17.760 --> 0:12:19.600 think my dad likes me more than I thought, now 0:12:19.640 --> 0:12:22.280 that I know what an executive executive has to do, 0:12:22.480 --> 0:12:25.480 let you off the hook. Yeah. Well, now we're on 0:12:25.520 --> 0:12:28.880 the road, driving in your truck. Want to learn a 0:12:29.000 --> 0:12:33.400 thing or two from Josh Man, Chuck. Stuff you should know? 0:12:35.640 --> 0:12:51.720 All right, that's why sks good. But you should know, so, Chuck, 0:12:52.280 --> 0:12:55.280 let's talk about the different kinds of wills. Right. There's 0:12:55.400 --> 0:12:58.560 obviously the standard like ironclad will, it's been drafted by 0:12:58.559 --> 0:13:01.120 an attorney or whatever. She'll talk about a second. But 0:13:01.280 --> 0:13:04.800 there's some kind of interesting wills because death doesn't necessarily happen, 0:13:05.600 --> 0:13:09.199 um when you're counting on it, exactly. That should be this, 0:13:09.400 --> 0:13:11.160 That should be stuff you should know as new model, 0:13:12.040 --> 0:13:14.920 the new slogan, death doesn't happen when you're counting on it. 0:13:15.440 --> 0:13:17.800 Death doesn't necessarily happen when you're counting on Just to 0:13:17.880 --> 0:13:20.679 add the extra, I like it a bit of suspense. Um. 0:13:20.800 --> 0:13:23.719 So you're talking about probably, um, a couple of things 0:13:23.800 --> 0:13:27.600 one can be an oral will, which is a lot 0:13:27.640 --> 0:13:29.679 of times in the in the old days, and it 0:13:29.800 --> 0:13:32.439 might still happen because soldiers are still very young and 0:13:32.520 --> 0:13:34.319 might not think that they need a will because they're 0:13:34.360 --> 0:13:36.560 young and their bulletproof. But a lot of times soldiers 0:13:36.600 --> 0:13:39.600 on the battlefield would execute an oral well to their 0:13:39.640 --> 0:13:43.439 buddy there as their dying in the trenches. You want 0:13:43.480 --> 0:13:47.120 to do too, buddies, oh to two witnesses. Yeah, that 0:13:47.760 --> 0:13:51.880 definitely helps the helps the case that it's legal. Yeah, 0:13:51.960 --> 0:13:53.719 and the in the scenario I just mentioned, which is 0:13:53.840 --> 0:13:56.040 the the dying soldier on the battlefield, is one of 0:13:56.080 --> 0:13:58.599 the more common ways that an oral will will be 0:13:58.920 --> 0:14:02.120 upheld because I imagine they have a lot of compassion 0:14:02.160 --> 0:14:04.560 for something like that. Yeah, And um, if they can 0:14:04.679 --> 0:14:07.560 find your your buddies and get them to sign an affidavit, 0:14:07.920 --> 0:14:10.800 or they can actually come to probate court and say, yes, 0:14:10.920 --> 0:14:12.679 this is what he said. He said to leave it 0:14:12.679 --> 0:14:14.719 all to me. Yeah, no, he said to leave it 0:14:14.760 --> 0:14:16.920 all to me. Then it turns ugly. But if they 0:14:17.000 --> 0:14:19.040 both agree that it is what you said, then um, 0:14:19.160 --> 0:14:21.600 it's probably going to stand up in court. Right. So 0:14:21.720 --> 0:14:24.440 what's a deathbed will? A deathbed will is virtually the 0:14:24.520 --> 0:14:26.960 same thing, but say, rather than dying young and being 0:14:27.040 --> 0:14:29.760 of sound mind, you might be on your deathbed and 0:14:30.040 --> 0:14:33.120 are suffering from Alzheimer's or something like that, so the 0:14:33.280 --> 0:14:36.080 deathbed will UM. It also can be written to it's 0:14:36.160 --> 0:14:40.240 more of like the time rather than the type right um, 0:14:40.440 --> 0:14:43.560 so the the it can be written, It can be oral, 0:14:44.000 --> 0:14:47.320 and you can have several witnesses, but it's also the 0:14:47.400 --> 0:14:51.920 most commonly challenged one because mental capacity is frequently argued, 0:14:52.000 --> 0:14:53.880 like this person didn't know what they were talking about, 0:14:54.000 --> 0:14:57.120 or somebody you know had their feeding too kinks, so 0:14:57.160 --> 0:15:00.680 they did it under durest you know. Yeah. Uh, there 0:15:00.760 --> 0:15:04.200 is a holographic wheel Josh, very informal handwritten. Usually this 0:15:04.360 --> 0:15:08.840 is the coolest looking will. That's right, it's not a hologram. Uh. 0:15:09.280 --> 0:15:12.240 Not all states recognize these as valid um, so as 0:15:12.280 --> 0:15:16.040 always check with your state. But scenario where this might 0:15:16.160 --> 0:15:20.280 happen is you wreck your car on a snowy road 0:15:20.440 --> 0:15:22.840 in the middle of nowhere and you're like, I'm gonna 0:15:22.960 --> 0:15:26.000 die and I'm gonna scratch out my will, or you 0:15:26.480 --> 0:15:30.320 pee it into the snow that would be awesome, or 0:15:30.440 --> 0:15:33.400 if you're James Franco or that real dude and you're 0:15:33.440 --> 0:15:36.400 stuck in a and a boulder. You could probably videotape it, 0:15:36.440 --> 0:15:39.920 although I think holographic is strictly handwritten. Yeah, so that 0:15:39.920 --> 0:15:44.160 would be an oral deathbed will sort of commonly written 0:15:44.160 --> 0:15:48.320 in blood, but he lived one's own blood. Um. Yeah, 0:15:48.440 --> 0:15:51.320 that's that's a pretty cool one. I said it was cool. Yes, yeah, 0:15:51.640 --> 0:15:54.360 I think that's the coolest one that you think. So, yeah, 0:15:54.400 --> 0:15:59.160 the the impending death by oneself? Yeah, yeah, and you 0:15:59.240 --> 0:16:01.000 just scratch it out and whatever paper you have and 0:16:01.040 --> 0:16:03.920 then succume to the elements. I think it's neat because 0:16:04.040 --> 0:16:06.600 think about it, you're thinking about the people you love 0:16:07.160 --> 0:16:09.920 and in some way they're there with you. Right then. Yeah, 0:16:09.920 --> 0:16:11.320 but what if you're saying, I don't want to leave 0:16:11.320 --> 0:16:14.640 any of those no good uh never do wells anything, Well, 0:16:14.720 --> 0:16:17.520 then you deserve to freeze to death. Okay. Uh, there's 0:16:17.520 --> 0:16:19.200 the d I y will which you mentioned. You can 0:16:19.240 --> 0:16:21.360 get um on the internet or I guess it Staples. 0:16:21.880 --> 0:16:25.120 You can get the forms. Self probating wills can save 0:16:25.120 --> 0:16:28.520 you a little time. Well, this is the ironclad will, right, 0:16:28.760 --> 0:16:30.400 I think so, so this is the one where you 0:16:30.560 --> 0:16:33.480 hire a lawyer to draft it. At the very least 0:16:33.520 --> 0:16:35.680 review it. But probably you've hired a lawyer to draft 0:16:35.720 --> 0:16:38.920 your will a couple hundred bucks from what I understand. Um, 0:16:39.640 --> 0:16:44.040 and the the witnesses sign affidavits ahead of time that 0:16:44.160 --> 0:16:46.880 are part of the will, saying like, yes, this guy 0:16:47.400 --> 0:16:50.560 did say this, so you don't have to These witnesses 0:16:50.600 --> 0:16:53.000 don't have to appear in probate court to testify that 0:16:53.160 --> 0:16:57.000 this is the correct will. So it expedites the whole process. 0:16:57.240 --> 0:17:00.680 It makes it more difficult to challenge. And basically it's 0:17:00.720 --> 0:17:03.120 the butt of boom butt of being of wills. Don't 0:17:03.160 --> 0:17:06.639 contest me, baby, is what it says at the bottom. Uh. 0:17:06.680 --> 0:17:10.080 And since we're talking about contesting and changing that happens 0:17:10.080 --> 0:17:12.800 all the time, totally illegal. The only person that can 0:17:12.920 --> 0:17:16.240 change a will is the test to tour. Why is 0:17:16.280 --> 0:17:20.280 that funny? That's like Hodgment says complain ant and defend 0:17:20.320 --> 0:17:25.320 ant and Judge John Hodgment. So the test it tour 0:17:25.400 --> 0:17:27.399 is the only person that can do this. It's very 0:17:27.480 --> 0:17:30.040 common a lot of reasons. You might have a new kid, 0:17:30.240 --> 0:17:32.800 you might get divorced, you might get married, you might 0:17:32.840 --> 0:17:35.040 start hating your kid, might start hating your kid. The 0:17:35.200 --> 0:17:37.440 tax laws might change in your favors. You can tweak 0:17:37.440 --> 0:17:39.879 it a bit. H You might all of a sudden, 0:17:39.960 --> 0:17:42.000 you might win the lottery and think, oh, you know what, 0:17:42.080 --> 0:17:43.680 I might want to rethink how my will has read 0:17:43.720 --> 0:17:46.280 at this point. Or you might just feel like, you 0:17:46.359 --> 0:17:48.959 know what, I'm kind of old and my kids are 0:17:49.000 --> 0:17:51.320 doing okay, so I'd rather just leave my money to 0:17:51.480 --> 0:17:54.720 some great charities. That's a nice thing to do. Yeah, 0:17:54.800 --> 0:17:57.760 Bill Kates, he's leaving the line sheriff his though to charity. 0:17:57.960 --> 0:18:02.000 Oh yeah, while he's alive. Even tried. Um And okay, 0:18:02.080 --> 0:18:05.840 So let's say that your your elderly parent dies and 0:18:06.119 --> 0:18:09.800 you decide that, um, he or she is obviously crazy 0:18:09.960 --> 0:18:14.320 because he or she left his or her money to charity. Right, right, 0:18:14.600 --> 0:18:18.439 You can challenge this, right, that's right, and there are 0:18:18.600 --> 0:18:21.720 a number of ways to challenge it. But it's that's 0:18:21.880 --> 0:18:23.800 it's first of all, it's a very difficult, long and 0:18:23.880 --> 0:18:29.440 expensive process. Unless you have like real solid evidence of 0:18:29.560 --> 0:18:33.560 one of maybe several points that that could possibly overturn 0:18:33.600 --> 0:18:37.200 a will, it's gonna be you're not gonna win, and 0:18:37.320 --> 0:18:40.119 not anyone can challenge like no Schmo off the street, 0:18:40.240 --> 0:18:43.320 or like let's say you I couldn't challenge your will 0:18:43.359 --> 0:18:45.880 and say but Josh was my podcast partner. I'm saying, 0:18:45.920 --> 0:18:47.600 you know, it doesn't matter. I don't know. You could 0:18:47.680 --> 0:18:50.680 technically be a person of legal standing, which is what 0:18:50.840 --> 0:18:52.880 you have to be to challenge it will. You either 0:18:53.000 --> 0:18:56.040 have to be someone who is in the will and 0:18:56.119 --> 0:18:59.040 you're challenging it like I got reem. This is terrible. 0:18:59.119 --> 0:19:01.000 I want more money and that's what is your problem. 0:19:01.040 --> 0:19:03.399 But you can't challenge on fairness. I mean, you can 0:19:03.480 --> 0:19:06.479 do it, but you won't win. Thank you for correcting me. Um. 0:19:06.640 --> 0:19:09.120 You could be like somebody was holding this guy's feeding too. 0:19:09.359 --> 0:19:11.440 You know this is because so that's when you can challenge. 0:19:12.000 --> 0:19:13.639 Or you could be someone who should have been in 0:19:13.720 --> 0:19:17.760 the will e g. A podcaster. I would think it's 0:19:17.840 --> 0:19:19.720 usually a family member, though you probably have to be 0:19:19.760 --> 0:19:22.240 a I would blood relative, blood or maybe marriage. But 0:19:22.359 --> 0:19:25.119 I'm sure if you're a blood relative, it helps make you. Um, 0:19:25.480 --> 0:19:27.840 it helps your position as a person of legal stand anymore. 0:19:27.920 --> 0:19:30.080 I'm gonna challenge your will like when we're in our eighties, 0:19:30.440 --> 0:19:32.000 and this is gonna be like some sort of proof 0:19:32.080 --> 0:19:34.320 that I agree you should be a person of legal 0:19:34.359 --> 0:19:36.520 standing at least will be like the Sunshine Boys, like 0:19:36.600 --> 0:19:38.800 we haven't spoken in thirty years, and like our children 0:19:38.840 --> 0:19:40.480 are trying to get us together for a more show. 0:19:41.000 --> 0:19:43.000 Yeah did you ever see that? No, that's a good one, 0:19:43.200 --> 0:19:46.320 but I laughed anyway. All right, um, and by the way, 0:19:46.359 --> 0:19:48.639 I'm leaving all my stuff to you me so you 0:19:48.720 --> 0:19:50.560 can challenge it all you want, pal, but I just 0:19:50.680 --> 0:19:53.399 contradicted your challenge and this is going to stand up. 0:19:53.440 --> 0:19:54.800 And you know, because this is a very public I 0:19:54.800 --> 0:19:56.800 would think that this would work. Yeah, I wouldn't challenge. 0:19:56.840 --> 0:19:58.240 I mean, she can have it all, Okay, she can 0:19:58.320 --> 0:20:01.920 have your junk, So a good junk. If you do, 0:20:02.240 --> 0:20:03.960 you do, Josh, have a good junk. Um. If you 0:20:04.040 --> 0:20:06.080 do challenge it, um, which you're gonna, you can either 0:20:06.160 --> 0:20:09.680 rewrite it completely, revoke the original, or add something called 0:20:09.720 --> 0:20:13.280 a codicil to your existing will. It's just like an addendum. Basically. 0:20:13.760 --> 0:20:15.960 Oh that's if you want to change your will. But 0:20:16.040 --> 0:20:19.639 if you want to challenge it, well, well there's going 0:20:19.680 --> 0:20:22.000 to turn out so right the will is forged this 0:20:22.119 --> 0:20:26.160 one um that it didn't meet the requirements of the state, 0:20:27.000 --> 0:20:31.040 Like maybe the state requires two witnesses and there's only one. Um, 0:20:31.480 --> 0:20:36.159 it didn't. Uh, the person was coerced the testator, right, 0:20:36.720 --> 0:20:39.600 it was coerced with the kink in the feeding too. Um, 0:20:39.720 --> 0:20:42.080 the tested term was a victim of fraud. What would 0:20:42.119 --> 0:20:46.959 that be? I don't know. Um, like maybe the person 0:20:47.200 --> 0:20:49.760 who drew up the will wasn't really a lawyer but 0:20:49.840 --> 0:20:55.360 charged lawyer's fee oradeah. Okay. And then lastly, the beneficiary 0:20:55.440 --> 0:20:58.720 doesn't improve the executor. And this could be like the 0:20:58.880 --> 0:21:03.120 executors maybe the fraudulent attorney. Yeah, it couldn't. It can't 0:21:03.160 --> 0:21:06.000