WEBVTT - How Wills Work 0:00:00.280 --> 0:00:02.920 Brought to you by the reinvented two thousand twelve Camray. 0:00:03.160 --> 0:00:07.560 It's ready. Are you welcome to Stuff you should know 0:00:08.160 --> 0:00:16.400 from House Stuff Works dot Com. Hey, and welcome to 0:00:16.440 --> 0:00:19.040 the podcast. I'm Josh Clark with me as always this 0:00:19.200 --> 0:00:25.599 Charles W. Chuck Chucker, Chuck Tran Bryant Chuck trans so 0:00:25.640 --> 0:00:28.160 weird to me. I don't get it. Yeah, I have 0:00:28.200 --> 0:00:30.760 no recollection of where that came from. Are no? Wait, 0:00:30.840 --> 0:00:32.839 it was from a show though. Yeah, you didn't just 0:00:32.880 --> 0:00:34.959 make that up, not just now, No, it was there 0:00:35.000 --> 0:00:37.160 was It was in relation to something we were talking 0:00:37.200 --> 0:00:40.800 about at the time and someone it made sense once, okay, um, 0:00:41.080 --> 0:00:42.760 I was on our Facebook page. I was looking for 0:00:42.840 --> 0:00:45.200 discussions like sometimes I like to go on and read 0:00:45.280 --> 0:00:48.400 like what's your favorite line? Did you ever? Have you 0:00:48.400 --> 0:00:51.640 ever read this? Just like a trip down memory lane? 0:00:51.680 --> 0:00:54.560 Really yeah, there's like whole discussion threats. There's like forty 0:00:54.600 --> 0:00:57.560 different threads people have created, But there was one that 0:00:57.680 --> 0:01:00.040 was like, what's what's your favorite stuff? You should no 0:01:00.160 --> 0:01:02.160 line of all time? And I can't I can't find 0:01:02.160 --> 0:01:04.360 that thread any longer. That's a good one. Did you 0:01:04.560 --> 0:01:06.040 go through and count on how many you had and 0:01:06.040 --> 0:01:08.559 how many I had. I did not count. I kept 0:01:08.560 --> 0:01:11.120 a running tally, but I didn't count just mentally. I 0:01:11.160 --> 0:01:14.840 didn't write anything down as it as it were. Chuck. Yes, 0:01:15.200 --> 0:01:19.520 nineteen seventy nine was a pretty good year for movies. Yeah, sure, 0:01:19.640 --> 0:01:23.959 allow me. That year the Muppet movie came out. Creamer 0:01:24.080 --> 0:01:27.040 Versus Kramer was number one at the box office. One 0:01:27.040 --> 0:01:31.000 of my personal favorites Amityville Horror, the first one, the 0:01:31.080 --> 0:01:35.600 nineteen nine one. Um, what do you Allen's Manhattan The Jerk. 0:01:35.720 --> 0:01:38.680 That's my favorite all time movie. Manhattan is I've not 0:01:38.720 --> 0:01:42.600 seen it? What I have not? Okay, the Jerk is awesome? 0:01:43.560 --> 0:01:45.760 Oh wait, the Jerk or Manhattan? I said Manhattan? You 0:01:45.760 --> 0:01:47.840 said U huh yeah, Manhattan. I was just I was 0:01:47.920 --> 0:01:52.360 changing the subject, Okay, all right. I like The Jerk, Alien, 0:01:52.840 --> 0:01:56.520 Rocky two, Alien so far ahead of its time, Moonraker 0:01:57.320 --> 0:02:01.120 so behind the times. But none of these held a 0:02:01.200 --> 0:02:06.000 candle too in my opinion. Overlooked movie by director Michael 0:02:06.000 --> 0:02:11.120 Schultz a classic called Scavenger Hunt. Really have you ever 0:02:11.120 --> 0:02:14.400 seen it? No? You've not seen Scavenger Hunt? Uh? No? 0:02:14.680 --> 0:02:16.519 Was it kind of a riff on? It's a mad, mad, 0:02:16.560 --> 0:02:20.920 mad mad world. I can see how some maybe some 0:02:21.160 --> 0:02:27.800 uh elitists might make that distinction or that that um comparison. UM. 0:02:28.160 --> 0:02:31.920 I personally think that it's a great movie and it's 0:02:32.040 --> 0:02:35.720 about Vincent Price. While it begins Vincent Price, is this 0:02:36.120 --> 0:02:40.680 aged video game magnet? Was he ever young? No? He 0:02:40.800 --> 0:02:45.079 was born like Golden Gray. Yeah, and suave, though he 0:02:45.200 --> 0:02:48.200 was much more suave than he led on UM. He 0:02:48.320 --> 0:02:51.080 is dying and he actually does die playing one of 0:02:51.120 --> 0:02:54.359 his video games, and then you cut to the his 0:02:54.360 --> 0:02:57.920 his former home, and his lawyer is executing his will, 0:02:58.520 --> 0:03:01.800 which his stated worth two million dollars. And it turns 0:03:01.800 --> 0:03:04.800 out we learned very quickly as all the characters assemble 0:03:05.200 --> 0:03:07.840 that the whole thing is up for grabs, just single 0:03:07.960 --> 0:03:11.880 team who go on a scavenger hunt. Did you really 0:03:11.880 --> 0:03:13.440 see this or is this just I grew up on 0:03:13.480 --> 0:03:16.360 this one? Okay, Yeah, that's a great movie. Have you 0:03:16.560 --> 0:03:18.359 really not seen it? No, I've never heard of it. 0:03:18.440 --> 0:03:20.520 I strongly recommend it, and I found it just to 0:03:20.520 --> 0:03:22.480 get myself in the mood. I found it on YouTube 0:03:22.480 --> 0:03:25.600 in parts I think eleven parts, like ten minutes segments. 0:03:25.680 --> 0:03:29.320 So if you're a very cheap person um or can't 0:03:29.320 --> 0:03:32.359 find it it's up on YouTube. Sweet. I think if 0:03:32.360 --> 0:03:37.760 you search um Scavenger Hunt and then in parentheses it'll 0:03:37.800 --> 0:03:41.240 it'll bring it up awesome. So the whole point of 0:03:41.280 --> 0:03:44.120 that was that number one, Scavenger Hunt is a good movie, 0:03:44.720 --> 0:03:47.800 and number two people do some wacky things with wills. 0:03:47.840 --> 0:03:50.920 That scenario wasn't that far off from things that people 0:03:50.960 --> 0:03:53.880 have done with their wills. We're talking about will's chuck, 0:03:54.400 --> 0:03:59.640 let's get ready to talk about contract law. And now 0:03:59.680 --> 0:04:01.960 this is one of the first articles I wrote, and 0:04:02.040 --> 0:04:03.800 it was a little rigid, but there's not a lot 0:04:03.840 --> 0:04:05.120 you can do. I mean, try to make it a 0:04:05.160 --> 0:04:07.360 little fun at the end. But I was fully planning 0:04:07.360 --> 0:04:09.480 on complimenting you on this article. It's a good article. 0:04:09.480 --> 0:04:11.800 It's comprehensive, it's got everything you need. I mean, you 0:04:11.800 --> 0:04:13.800 don't get into like any of the legal momo jumbo, 0:04:13.920 --> 0:04:15.840 but that's not the role of the site. And you 0:04:15.880 --> 0:04:17.279 know what, let's just go ahead and say, I'm glad 0:04:17.279 --> 0:04:19.080 you brought that up. We are not attorneys. You should 0:04:19.080 --> 0:04:21.839 not take this podcast and base your will and life 0:04:21.880 --> 0:04:26.080 on Please do not do that. No, but that being said, 0:04:26.520 --> 0:04:28.800 you can get um all the documents you need to 0:04:28.839 --> 0:04:31.640 create your own will for six dollars and cents at Staples. 0:04:31.880 --> 0:04:36.560 Really huh, yeah, they have everything. Well, that brings up 0:04:36.560 --> 0:04:39.039 one of the first points, which is a will isn't 0:04:39.080 --> 0:04:43.040 super complicated to draw up. Um, and it varies from 0:04:43.080 --> 0:04:45.280 state to state, so you can do it yourself, but 0:04:45.480 --> 0:04:48.479 you should get an attorney to look over things. But 0:04:48.560 --> 0:04:50.200 if you want to save a few bucks, you can 0:04:50.240 --> 0:04:52.800 always go to Staples. Well, well we should probably say 0:04:52.800 --> 0:04:55.120 that again and again through this this podcast, as you 0:04:55.120 --> 0:04:57.719 did again and again through this article, Like really, you 0:04:57.720 --> 0:05:00.200 should have at the very least an attorney. Look, get 0:05:00.200 --> 0:05:03.120 your will if you're gonna do it yourself, right, Um, 0:05:03.240 --> 0:05:05.640 let's talk about some of the specifics. Man, if if 0:05:05.720 --> 0:05:10.080 you are um, if you have ten minutes to write 0:05:10.080 --> 0:05:12.159 this thing a piece of paper and a pen, what 0:05:12.279 --> 0:05:14.159 are the high points that you want to hit to 0:05:14.320 --> 0:05:17.320 make your will as close to legal as possible? And 0:05:17.360 --> 0:05:20.760 by the way, state law governs wills, right, yeah, And 0:05:20.920 --> 0:05:23.400 you always got to check with your state and if 0:05:23.400 --> 0:05:24.719 you if you want to call it up and be 0:05:24.760 --> 0:05:26.920 like state, I got some questions for you. And if 0:05:26.960 --> 0:05:28.479 you have a will in one state and you move 0:05:28.800 --> 0:05:31.160 it'll it'll still be valid. But you still should check 0:05:31.279 --> 0:05:33.920 your state's laws and stuff like that, right, because is 0:05:33.960 --> 0:05:36.239 it the state you die in? That is the state 0:05:36.279 --> 0:05:39.720 that you execute your your will is executed, Inez, because 0:05:39.720 --> 0:05:41.520 it seems like if you were going to move, it 0:05:41.560 --> 0:05:44.200 would seem like that's the way it would go. I guess. So. 0:05:44.279 --> 0:05:46.320 But what if you you die on vacation in Hawaii? 0:05:46.400 --> 0:05:49.120 Is your will wouldn't be based on I think it. 0:05:49.240 --> 0:05:51.080 I think it's pertains to the state in which it 0:05:51.240 --> 0:05:57.200 was drafted and approved. Check with your lawyer, check, or 0:05:57.200 --> 0:05:58.960 at least call the state. I don't think you'd stop 0:05:59.000 --> 0:06:01.040 me so early. Sorry, all right, So what you want 0:06:01.040 --> 0:06:03.120 to have, at the very bare minimum is your name, 0:06:03.720 --> 0:06:06.640 your spouse's name if you have one, and when you 0:06:06.640 --> 0:06:09.680 were married. Yeah, your your children's names so they can 0:06:09.720 --> 0:06:12.200 make sure they're not confusing you or your other spouse 0:06:12.240 --> 0:06:14.720 with your spouse in the will. That's right, Um, your 0:06:14.760 --> 0:06:16.800 children's names. And I love this part. How you want 0:06:16.800 --> 0:06:19.600 any step children or false foster children to be treated? 0:06:19.760 --> 0:06:22.400 You could be like, well, yeah, please treat them well. 0:06:23.080 --> 0:06:26.800 Um a statement provoking any other wills if you have one, Um, 0:06:26.839 --> 0:06:29.599 you gotta name your executor and an alternate. You should 0:06:29.680 --> 0:06:32.320 name an alternate list of powers that you want that 0:06:32.400 --> 0:06:38.240 executor to have special gifts, personal property and uh. Instructions 0:06:38.279 --> 0:06:42.160 for distributing paying debts. There are actually you know, you 0:06:42.200 --> 0:06:44.039 can't decide whether or not you want to pay your debts, 0:06:44.080 --> 0:06:46.640 but after debt has been paid, how you want your 0:06:46.800 --> 0:06:50.000 stuff to be doled out? So I'm officially founding a 0:06:50.080 --> 0:06:54.400 movement that if you're debtors can't get the money they 0:06:54.440 --> 0:06:57.800 need out of you while you're alive. That's that. Yeah, 0:06:57.839 --> 0:06:59.560 didn't you look that up? What's the what's the law 0:07:00.480 --> 0:07:06.200 for it? Varies by state again, um, but generally, if 0:07:06.680 --> 0:07:09.440 you have enough money to pay, say like a credit 0:07:09.440 --> 0:07:12.280 card debt, you have to pay that credit card debt. 0:07:12.560 --> 0:07:15.920 But there there are, um, there are onuses on credit 0:07:15.960 --> 0:07:19.440 card companies, like they have to notify your executor um 0:07:19.520 --> 0:07:22.480 within like sixty days or something of this outstanding debt 0:07:23.320 --> 0:07:26.880 UM and if it turns out that there's not enough money, 0:07:27.320 --> 0:07:30.520 then you can basically say like, sorry, that's that, and 0:07:30.560 --> 0:07:33.600 the credit card company has to write it off and 0:07:33.600 --> 0:07:36.760 then we all pay for it with our outrageous financing fees. 0:07:37.680 --> 0:07:41.520 In the end um burial instructions, you can sometimes put 0:07:41.560 --> 0:07:44.800 it in a will, but you should burial. I just 0:07:44.840 --> 0:07:48.560 got pick tongue tonight burial, and you probably want those 0:07:48.560 --> 0:07:51.800 somewhere else though, because sometimes the will isn't like immediately accessible. 0:07:51.880 --> 0:07:53.720 If you've got it locked in a safe in your family, 0:07:53.880 --> 0:07:56.840 there's another combination. They're gonna theyre's gonna leave you laying 0:07:56.880 --> 0:07:59.520 around on the floor of the kitchen for days. You 0:07:59.560 --> 0:08:01.960 don't need to sweat your pension plan or life insurance 0:08:02.040 --> 0:08:04.840 or annuity stuff like that because that's all taken care 0:08:04.880 --> 0:08:07.720 of they the beneficiary or in those documents, so that 0:08:07.840 --> 0:08:09.400 need to be in your will, right, and it can 0:08:09.440 --> 0:08:11.960 actually screw things up right or not screw things up. 0:08:12.000 --> 0:08:14.600 It can slow things down because you can say I 0:08:15.240 --> 0:08:18.160 want this, you know, my life insurance policy to go 0:08:18.240 --> 0:08:21.360 to my estate and then divvy it up. But that 0:08:21.480 --> 0:08:25.360 just adds a lot more time to the process. Correct. Absolutely, Um, 0:08:25.400 --> 0:08:27.240 you should probably in most states have to be at 0:08:27.320 --> 0:08:29.720 least eighteen years old to have a legal will, and 0:08:29.840 --> 0:08:31.800 you have to everyone knows you have to be of 0:08:31.880 --> 0:08:35.720 sound mind and body, or I think it's just sound mind, yeah, 0:08:35.800 --> 0:08:37.760 because I mean, what does your body of do with 0:08:37.800 --> 0:08:39.520 As long as you can like make an X or 0:08:39.640 --> 0:08:42.439 you know, draw a whale like quick wag, you're fine. 0:08:43.920 --> 0:08:47.440 So what does uh, what does that mean legally speaking? Mentally? Um? 0:08:47.600 --> 0:08:49.920 Sound Well, I'm glad that you brought that up, or 0:08:49.920 --> 0:08:52.000 I'm glad that you put this in the article, because 0:08:52.000 --> 0:08:54.920 I think it's a good idea. Basically, you have to 0:08:55.080 --> 0:08:59.840 know that you own property. You have to know about it. Right. 0:09:00.000 --> 0:09:01.600 If you don't know that you have like a hundred 0:09:01.640 --> 0:09:03.840 acres in Montana, then you're not probably a sound mind. 0:09:04.400 --> 0:09:06.520 Or you did at one time know that you had 0:09:06.559 --> 0:09:09.760 it and just don't remember any longer, that that could 0:09:09.800 --> 0:09:12.600 be a problem as well. If you're not it is 0:09:13.400 --> 0:09:16.160 it's it's kind of said to not be of sound mind, um, 0:09:16.200 --> 0:09:19.080 if you're not suffering from a mental illness, which I 0:09:19.080 --> 0:09:21.880 remember I saw a remake of Psycho which wasn't Psycho 0:09:21.960 --> 0:09:23.719 to It was made for TV and it was kind 0:09:23.720 --> 0:09:28.480 of a spoof comedy and the thing starts with the 0:09:28.559 --> 0:09:31.480 execution of Norman Bates will and it gets to the 0:09:31.480 --> 0:09:34.160 point where it says, I Norman Bates being of sound mind, 0:09:34.200 --> 0:09:37.680 and everybody in the rooms like. But it kind of 0:09:37.720 --> 0:09:39.480 brings up a point like what do you do if 0:09:39.520 --> 0:09:42.120 you are mentally ill and you have a bunch of assets, 0:09:42.240 --> 0:09:44.320 and you've never created a will and you want to 0:09:44.320 --> 0:09:47.800 create when you just do you die Intestine. That's a 0:09:47.800 --> 0:09:51.120 good question into state. I do know that. Uh. If 0:09:51.200 --> 0:09:55.720 you become mentally ill later on, then it doesn't matter 0:09:55.840 --> 0:09:57.280 as long as you were of sound mind when you 0:09:57.480 --> 0:10:01.360 first wrote the will, right, okay, Um. You also need 0:10:01.400 --> 0:10:04.840 to be aware of the people who are related to you. Again, 0:10:04.880 --> 0:10:07.920 like not like you fathered a kid back in nineteen 0:10:08.000 --> 0:10:10.400 sixty two that you didn't know about. That's not what 0:10:10.440 --> 0:10:12.560 they're talking about. They're talking about the kid that you 0:10:12.559 --> 0:10:15.199 had in nineteen sixty two and raised into an adulthood 0:10:15.480 --> 0:10:19.600 is still recognizable to you. And also you generally probably 0:10:19.600 --> 0:10:22.160 shouldn't hold conversations with lack of cons that tell you 0:10:22.200 --> 0:10:25.560 to burn things. That's usually a big red flag that 0:10:25.600 --> 0:10:28.640 you might not be a sound mine. That's right, so Chuck, 0:10:28.679 --> 0:10:32.640 that's sound mine. Um. And let's say you've got that 0:10:32.800 --> 0:10:35.520 check check check. You know about your Lana Montana, you 0:10:35.520 --> 0:10:38.840 know your kid's name. Um, you you don't suffer from 0:10:38.880 --> 0:10:43.520 mental illness, and you are ready to create your will? 0:10:43.400 --> 0:10:48.240 All right? Boom the executor. Yes, that is the most 0:10:48.280 --> 0:10:51.000 important person in your will, because that is the person 0:10:51.520 --> 0:10:54.840 that is gonna make an inventory of all your junk. Um, 0:10:54.880 --> 0:10:57.920 they're gonna pay your debts. They're legitimate debts. That is 0:10:58.000 --> 0:11:00.240 not Vinny who comes over and say zo he met, 0:11:02.320 --> 0:11:04.480 although you may want to pay that too if you're smart. 0:11:05.240 --> 0:11:08.760 Um distributes the assets under the terms of the will. 0:11:08.880 --> 0:11:10.880 So it can be anybody, but you want it to 0:11:10.920 --> 0:11:15.080 be someone you really really trust, someone who's probably pretty smart, 0:11:15.880 --> 0:11:19.640 maybe has a little business experience, and someone who is 0:11:20.760 --> 0:11:24.800 thoughtful because you can get ugly. You want someone this 0:11:24.880 --> 0:11:28.280 is a tough time for a family usually, and you 0:11:28.280 --> 0:11:31.160 want someone that's got some a good bedside manner if 0:11:31.520 --> 0:11:34.319 they're going to execute your will, not some jerk. Right. 0:11:34.440 --> 0:11:36.559 You also want somebody who has a lot of time 0:11:36.679 --> 0:11:39.400 to go to your house and inventory stuff. I remember 0:11:39.400 --> 0:11:41.880 when I found out my sister is my dad's executive 0:11:41.880 --> 0:11:44.760 tricks um, and I was like, what about me? And 0:11:45.120 --> 0:11:50.000 I've read about Okay, you're just like cut me the check. Yeah. 0:11:50.080 --> 0:11:52.160 I actually think my dad likes me more than I thought, 0:11:52.200 --> 0:11:55.640 now that I know what an executive executive let off 0:11:55.640 --> 0:11:58.839 the hook. Yeah, So, Chuck, let's talk about the different 0:11:58.920 --> 0:12:03.199 kinds of wills. Right. There's obviously the standard like ironclad will. 0:12:03.320 --> 0:12:05.199 It's been drafted by an attorney or whatever. But she'll 0:12:05.240 --> 0:12:07.720 talk about in a second. But there's some kind of 0:12:07.800 --> 0:12:12.040 interesting wills because death doesn't necessarily happen, um, when you're 0:12:12.040 --> 0:12:15.319 counting on it. Exactly. That should be this, that should 0:12:15.320 --> 0:12:18.480 be stuff you should know. His new model, the new slogan, 0:12:18.960 --> 0:12:21.480 death doesn't happen when you're counting on it. Death doesn't 0:12:21.480 --> 0:12:23.640 necessarily happen when you're counting on it. Just to add 0:12:23.679 --> 0:12:26.720 that extra like it that it's suspense. Um. So you're 0:12:26.720 --> 0:12:29.679 talking about probably um, a couple of things. One can 0:12:29.720 --> 0:12:33.560 be an oral will, which is a lot of times 0:12:33.559 --> 0:12:35.800 in the in the old days, and it might still 0:12:35.840 --> 0:12:38.360 happen because soldiers are still very young and might not 0:12:38.440 --> 0:12:40.160 think that they need a will because they're young and 0:12:40.160 --> 0:12:42.280 their bulletproof. But a lot of times soldiers on the 0:12:42.280 --> 0:12:46.000 battlefield would execute an oral well to their buddy there 0:12:46.160 --> 0:12:50.800 as their dying in the trenches. You want to do too, buddies, 0:12:51.040 --> 0:12:54.240 oh to two witnesses. Yeah, that that definitely helps the 0:12:54.679 --> 0:12:57.800 helps the case that it's legal. Yeah. And the in 0:12:57.800 --> 0:13:00.520 the scenario I just mentioned, which is the dying soldier 0:13:00.520 --> 0:13:02.600 on the battlefield is one of the more common ways 0:13:02.679 --> 0:13:06.520 that an oral will will be upheld, right because I 0:13:06.520 --> 0:13:09.040 imagine they have a lot of compassion for something like that. Yeah, 0:13:09.080 --> 0:13:11.679 and um, if they can find your your buddies and 0:13:11.720 --> 0:13:14.640 get them to sign an affidavit, or they can actually 0:13:14.679 --> 0:13:16.880 come to probate court and say, yes, this is what 0:13:16.960 --> 0:13:19.480 he said. He said to leave it all to me. Yeah, no, 0:13:19.600 --> 0:13:21.480 he said to leave it all to me. Then it 0:13:21.520 --> 0:13:23.480 turns ugly. But if they both agree that it is 0:13:23.520 --> 0:13:25.839 what you said, then um, it's probably going to stand 0:13:25.880 --> 0:13:28.520 up in court. Right. So what's a deathbed will? A 0:13:28.600 --> 0:13:31.280 deathbed will is virtually the same thing, but say, rather 0:13:31.320 --> 0:13:34.120 than dying young and being of sound mind, you might 0:13:34.160 --> 0:13:37.120 be on your deathbed and are suffering from Alzheimer's or 0:13:37.160 --> 0:13:40.400 something like that. So the deathbed will. Um. It also 0:13:40.440 --> 0:13:42.880 can be written to it's more of like the time 0:13:43.000 --> 0:13:47.840 rather than the type. Right. Um, so the the it 0:13:47.880 --> 0:13:50.480 can be written, It can be oral, and you can 0:13:50.520 --> 0:13:54.160 have several witnesses. But it's also the most commonly challenged 0:13:54.200 --> 0:13:58.120 one because mental capacity is frequently argued like this person 0:13:58.160 --> 0:14:00.480 didn't know what they were talking about, or sobody you 0:14:00.520 --> 0:14:03.120 know had their feeding two kinks, so they did it 0:14:03.200 --> 0:14:07.600 under Durest. You know. Yeah, there's a holographic wheel, Josh, 0:14:07.679 --> 0:14:11.480 very informal, handwritten. Usually this is the coolest looking will. 0:14:11.640 --> 0:14:15.440 That's right, it's not a hologram. Uh. Not all states 0:14:15.480 --> 0:14:18.520 recognize these as valid um, so as always check with 0:14:18.559 --> 0:14:23.680 your state. But scenario where this might happen is you 0:14:23.880 --> 0:14:26.440 wreck your car on a snowy road in the middle 0:14:26.440 --> 0:14:29.680 of nowhere and you're like, I'm gonna die and I'm 0:14:29.720 --> 0:14:32.640 gonna scratch out my will, or you pee it into 0:14:32.680 --> 0:14:36.960 the snow. That would be awesome. Or if you're James 0:14:36.960 --> 0:14:39.560 Franco or that real dude and you're stuck in a 0:14:40.120 --> 0:14:42.640 and a boulder, you could probably videotape it. Although I 0:14:42.640 --> 0:14:45.840 think holographic is strictly handwritten, so that would be an 0:14:45.920 --> 0:14:50.320 oral deathbed will sort of commonly written in blood, but 0:14:50.880 --> 0:14:55.120 one's own blood. Um. Yeah, that's that's a pretty cool one. 0:14:55.200 --> 0:14:57.680 I said it was cool. Yes, yeah, I think that's 0:14:57.680 --> 0:15:00.960 the coolest one. Did you think so? Yeah, the impending 0:15:01.040 --> 0:15:05.280 death by oneself. Yeah yeah, and you just scratch it 0:15:05.280 --> 0:15:07.120 out on whatever paper you have and then succumb to 0:15:07.120 --> 0:15:10.040 the elements. I think it's neat because you think about it, 0:15:10.040 --> 0:15:13.200 you're thinking about the people you love and in some 0:15:13.240 --> 0:15:15.640 way they're there with you. Right then, Yeah, but what 0:15:15.680 --> 0:15:17.120 if you're saying I don't want to leave any of 0:15:17.120 --> 0:15:20.360 those no good uh never do wells anything, Well, then 0:15:20.400 --> 0:15:23.080 you deserve to freeze to death. Okay, Uh, there's the 0:15:23.160 --> 0:15:24.960 d I y will which you mentioned. You can get 0:15:25.080 --> 0:15:27.480 um on the internet or I guess it Staples. You 0:15:27.480 --> 0:15:30.720 can get the forms. Self probating wills can save you 0:15:30.760 --> 0:15:34.040 a little time. Well, this is the ironclad will, right 0:15:34.280 --> 0:15:36.000 I think so? So this is the one where you 0:15:36.080 --> 0:15:39.000 hire a lawyer to draft it, at the very least 0:15:39.040 --> 0:15:41.200 review it. But probably you've hired a lawyer to draft 0:15:41.240 --> 0:15:44.960 your will a couple hundred bucks from what I understand. Um, 0:15:45.120 --> 0:15:49.600 and the the witnesses sign affidavits ahead of time that 0:15:49.680 --> 0:15:52.440 are part of the will, saying like yes, this guy 0:15:52.920 --> 0:15:56.120 did say this, So you don't have to These witnesses 0:15:56.160 --> 0:15:58.560 don't have to appear in probate court to testify that 0:15:58.680 --> 0:16:01.800 this is the correct will. Right. So it expedites the 0:16:01.800 --> 0:16:05.400 whole process. It makes it more difficult to challenge and 0:16:05.480 --> 0:16:07.880 basically it's the butt of boom butt of being of wills. 0:16:08.440 --> 0:16:12.200 Don't contest me, baby, is what it says at the bottom. Uh. 0:16:12.240 --> 0:16:15.600 And since we're talking about contesting and changing, that happens 0:16:15.600 --> 0:16:18.360 all the time, totally legal. The only person that can 0:16:18.440 --> 0:16:21.760 change a will is the test to tour. Why is 0:16:21.800 --> 0:16:25.840 that funny? That's like Hodgment says, complain ant and defend 0:16:25.840 --> 0:16:31.000 at and Judge John Hodgman. So the testatur is the 0:16:31.040 --> 0:16:34.000 only person that can do this. It's very common a 0:16:34.000 --> 0:16:35.800 lot of reasons. You might have a new kid, you 0:16:35.880 --> 0:16:38.600 might get divorced, you might get married, you might start 0:16:38.640 --> 0:16:40.960 hating your kid, might start hating your kid. The tax 0:16:41.000 --> 0:16:43.000 laws might change in your favors. You can tweak it 0:16:43.040 --> 0:16:45.520 a bit. Uh. You might all of a sudden, you 0:16:45.600 --> 0:16:47.560 might win the lottery and think, oh, you know what, 0:16:47.600 --> 0:16:49.200 I might want to rethink how my will has read 0:16:49.240 --> 0:16:51.840 at this point. Or you might just feel like, you 0:16:51.880 --> 0:16:54.480 know what, I'm kind of old and my kids are 0:16:54.520 --> 0:16:56.880 doing okay, so I'd rather just leave my money to 0:16:57.000 --> 0:17:00.760 some great charities. That's a nice thing to do. Yeah, Okate, 0:17:00.880 --> 0:17:03.320 he's leaving the line share of his though to charity. 0:17:03.480 --> 0:17:07.560 Oh yeah, while he's alive. Even that's right. Um, And okay, 0:17:07.600 --> 0:17:11.520 So let's say that your your elderly parent dies and 0:17:11.640 --> 0:17:15.359 you decide that, um, he or she is obviously crazy 0:17:15.480 --> 0:17:19.320 because he or she left his or her money to charity. Right, 0:17:20.119 --> 0:17:24.040 you can challenge this, Right, that's right, and there are 0:17:24.119 --> 0:17:27.280 a number of ways to challenge it. But it's that's 0:17:27.400 --> 0:17:29.359 it's first of all, it's a very difficult, long and 0:17:29.400 --> 0:17:35.000 expensive process. Unless you have like real solid evidence of 0:17:35.080 --> 0:17:39.080 one of maybe several points that that could possibly overturn 0:17:39.119 --> 0:17:42.760 a will, it's gonna be you're not gonna win, and 0:17:42.840 --> 0:17:45.600 not anyone can challenge like Joe Schmo off the Street 0:17:45.760 --> 0:17:48.880 or like let's say you, I couldn't challenge your will 0:17:48.880 --> 0:17:51.600 and say but Josh was my podcast partner saying, you know, 0:17:51.680 --> 0:17:53.879 it doesn't matter. I don't know. You could technically be 0:17:54.119 --> 0:17:56.639 a person of legal standing, which is what you have 0:17:56.760 --> 0:17:59.040 to be too challengea will. You either have to be 0:17:59.680 --> 0:18:02.399 someone who is in the will and you're challenging it 0:18:02.480 --> 0:18:05.160 like I got rem this is terrible. I want more 0:18:05.200 --> 0:18:06.960 money than This's what is your problem, But you can't 0:18:07.000 --> 0:18:10.040 challenge on fairness. You can do it, but you won't win. 0:18:10.200 --> 0:18:12.720 Thank you for correcting me. Um, you could be like 0:18:12.800 --> 0:18:15.359 somebody was holding this guy's feeding too. You know this 0:18:15.440 --> 0:18:17.760 is because so that's when you can challenge, or you 0:18:17.800 --> 0:18:19.600 could be someone who should have been in the will 0:18:20.119 --> 0:18:23.720 e g. A podcaster. I would think it's usually a 0:18:23.720 --> 0:18:25.960 family member, though you probably have to be. I would 0:18:25.640 --> 0:18:28.359 be relative blood or maybe marriage. But I'm sure if 0:18:28.359 --> 0:18:31.080 you're a blood relative, it helps make you, Um, it 0:18:31.080 --> 0:18:33.399 helps your position as a person of legal stand anymore. 0:18:33.440 --> 0:18:35.639 I'm gonna challenge your will like when we're in our eighties, 0:18:35.960 --> 0:18:37.560 and this is gonna be like some sort of proof 0:18:37.600 --> 0:18:39.840 that I agree you should be a person of legal 0:18:39.880 --> 0:18:42.080 standing at least will be like the Sunshine Boys, like 0:18:42.119 --> 0:18:44.359 we haven't spoken in thirty years and like our children 0:18:44.359 --> 0:18:46.000 are trying to get us together for a more show. 0:18:46.840 --> 0:18:51.320 Did you ever see that? But I laughed anyway, right um. 0:18:51.359 --> 0:18:52.960 And by the way, I'm leaving all my stuff to 0:18:53.040 --> 0:18:55.520 you me so you can challenge it all you want, pal, 0:18:55.600 --> 0:18:58.480 But I just contradicted your challenge and this is gonna 0:18:58.560 --> 0:18:59.960 stand up. And you know, because this is a very 0:19:00.280 --> 0:19:02.040 I would think that this would work. Yeah, I wouldn't 0:19:02.080 --> 0:19:03.800 challenge Himy, she can have it all, Okay, she can 0:19:03.840 --> 0:19:08.399 have your junk, So good junk. If you do, you do, Josh, 0:19:08.400 --> 0:19:10.320 I have a good chunk. Um if you do challenge it, um, 0:19:10.359 --> 0:19:13.040 which you're gonna You can either rewrite it completely, revoke 0:19:13.160 --> 0:19:16.879 the original, or add something called the codasil to your 0:19:16.880 --> 0:19:19.720 existing Well. It's just like an addendum basically. Oh, that's 0:19:19.760 --> 0:19:21.760 if you want to change your well. But if you 0:19:21.800 --> 0:19:25.439 want to challenge it, well, well, there's going to turn 0:19:25.520 --> 0:19:29.639 out so right, the will is forged this one. Um 0:19:29.680 --> 0:19:32.639 that it didn't meet the requirements of the state, Like 0:19:32.720 --> 0:19:36.960 maybe the state requires two witnesses and there's only one. Right, Um, 0:19:37.000 --> 0:19:41.720 it didn't. Uh, the person was coerced the testator, right, 0:19:42.200 --> 0:19:45.200 it was coerced with the kink in the feeding too. Um, 0:19:45.240 --> 0:19:47.840 the testator was a victim of fraud. What would that be? 0:19:49.119 --> 0:19:53.400 I don't know. Um, Like maybe the person who drew 0:19:53.480 --> 0:19:56.040 up the will wasn't really a lawyer but charged lawyer's 0:19:56.080 --> 0:20:01.200 fee fraud. Yeah, okay. And then lastly, the beneficiary doesn't 0:20:01.240 --> 0:20:05.200 improve the executor and this could be like the executors 0:20:05.200 --> 0:20:08.800 maybe the fraudulent attorney. Yeah it can It can't just 0:20:08.840 --> 0:20:11.760 be like she borrowed my pearl necklace once and never 0:20:11.800 --> 0:20:14.000 gave it back. There's no way she can execute this 0:20:14.080 --> 0:20:16.560 a state. Right. And I didn't get stats, but the 0:20:16.600 --> 0:20:19.600 general feeling I get is that wills are pretty tough 0:20:19.640 --> 0:20:22.920 to overturn unless, like you said, there's some pretty blatant 0:20:23.320 --> 0:20:27.920 egregious errors or fraud going on, and if and if 0:20:27.960 --> 0:20:30.480 it is rejected, then they just go to the state law, 0:20:30.560 --> 0:20:33.639 which is, you know, your wife gets this percentage, your 0:20:33.800 --> 0:20:37.359 firstborn gets this percentage, and on down the line. And 0:20:37.400 --> 0:20:39.080 that's as if you had died without a will. That's 0:20:39.080 --> 0:20:42.040 how they treated, which is called dying intest state. Yeah, 0:20:42.040 --> 0:20:44.320