Brief Recess: A Legal Podcast with Michael Foote & Mélissa Malebranche

If I Murder My Family Can I Still Get My Inheritance?

65 min
Jan 22, 20264 months ago
Listen to Episode
Summary

This episode of Brief Recess covers estate planning, wills, and trusts, with hosts Michael Foote and Mélissa Malebranche discussing why everyone needs a will regardless of age or wealth. The episode also addresses current immigration law issues, deportation practices, and answers listener questions about murder charges, self-defense, and domestic violence in the legal system.

Insights
  • Most people avoid creating wills due to superstition about death planning, but lack of estate planning creates chaos for families during grief and can lead to unintended distributions under state intestacy laws
  • Immigration enforcement has shifted tactics to arrest immigrants at routine USCIS appointments, creating a catch-22 where compliance with legal processes can result in detention and deportation
  • Private prison companies profit more from detaining migrants long-term than from deportation flights, creating financial incentives that contradict public narratives about immigration costs
  • Affirmative self-defense claims in murder cases rarely result in complete acquittals; judges struggle psychologically to overlook proven criminal acts even when circumstances are mitigating
  • Melatonin dosing in the US is 4,000x higher than clinically effective amounts, causing vivid nightmares and sleep disruption rather than improvement
Trends
Increased use of telehealth for medical appointments creating accessibility gaps in diagnostic procedures like sleep studiesGrowing awareness of private prison profiteering from immigration detention as a policy issue among legal professionalsShift in domestic violence law toward recognizing cumulative provocation and coercive control patterns rather than single-incident heat-of-passion defensesCorporate pressure campaigns (boycotts, social media) successfully forcing airlines and companies to drop ICE deportation contractsRising number of immigration attorneys reporting clients being arrested at routine government appointments under current administrationIncreased estate planning awareness among younger professionals due to social media legal education contentMedical waste concerns post-pandemic driving conversations about disposable medical equipment sustainability
Topics
Estate Planning and WillsIntestacy Laws and State DistributionTrusts and Probate ProcessHealthcare Proxies and Power of AttorneyImmigration Enforcement TacticsUSCIS Appointment ProceduresDeportation and Detention CentersPrivate Prison ContractsMurder Charges and DegreesSelf-Defense Affirmative DefensesDomestic Violence and Cumulative ProvocationJury Systems InternationallyDual CitizenshipMelatonin Dosing and Sleep DisordersMedical Telehealth Accessibility
Companies
iHeart Radio
Podcast distribution platform where the show and related content are available to listeners
Apple Podcasts
Podcast distribution platform where the show is available to listeners
Avelo Airlines
South American airline that faced public pressure and boycotts to stop operating ICE deportation flights
DHS (Department of Homeland Security)
Federal agency that contracts with private prison companies for immigrant detention and deportation operations
People
Michael Foote
Co-host of Brief Recess; immigration attorney discussing current enforcement tactics and legal strategy
Mélissa Malebranche
Co-host of Brief Recess; social media attorney discussing estate planning, wills, and legal issues
Prince
Musician who died without a will despite owning extensive music catalog, cited as cautionary example
Aretha Franklin
Musician who died with multiple conflicting handwritten wills, creating legal complications for estate
Amy Winehouse
Musician who died at 27 without a will, cited as example of young successful person lacking estate plan
Kurt Cobain
Musician who died at 27 without a will, cited as example of young successful person lacking estate plan
Jimi Hendrix
Musician who died at 27 without a will, cited as example of young successful person lacking estate plan
Janis Joplin
Musician who died at 27 without a will, cited as example of young successful person lacking estate plan
Pablo Picasso
Artist who died without a will despite significant wealth and property, cited as cautionary example
Princess Diana
Public figure who died without a will, cited as example of high-profile person lacking estate plan
Kim Kardashian
Celebrity who advocated for clemency of trafficking victims convicted of killing their traffickers
Terry Gross
NPR interviewer referenced for interview about melatonin dosing and sleep science with medical doctor
Governor Kathy Hochul
New York governor proposing 2026 plan allowing New Yorkers to sue ICE officers for assault and misconduct
Trump
Former president who stated desire to invoke Insurrection Act and eliminate dual citizenship
Quotes
"People who didn't do what John F. Quad wanted them to do, they usually disappeared."
Podcast advertisementOpening
"It is so clear that these are poised to get people into an office, so it's easy for them to arrest them."
Michael FooteImmigration enforcement discussion
"In the middle of grief is not the time for the rest of us who were left to try and figure stuff out."
Mélissa MalebrancheEstate planning discussion
"You're never too young to have a will. That's what we say in the biz."
Mélissa MalebrancheEstate planning segment
"The slayer rule is if you kill someone to get their inheritance, you can't inherit their money."
Mélissa MalebrancheTrust and estate law discussion
Full Transcript
This is exactly right. People who didn't do what John F. Quad wanted them to do, they usually disappeared. John of God was once Brazil's most famous spiritual healer. But in this limited series podcast, we uncover the darker truth behind his global empire of faith and fear. From exactly right and a thundermedia, this is Too Faced, John of God. Listen on the iHeart Radio app, Apple Podcasts, or wherever you get your podcasts. Welcome to Brief Recess, I'm Michael Foot. I'm Alyssa Melbrenge. Today we're going to be talking about melatonin dreams, Terry Gross. Sorry. All our crazy ex-boyfriends, deportation flights in America, the insurrection act, your last will and testament, and all the questions from my DMs stick around. Sit your ass down. No, I'm just saying like shout out to the DJ. I just totally trip. I just totally trip. I just fell into the studio. I just found out that I got jury duty. Oh my god. I got jury duty. I'm like this. They're not going to, you're not going to want it. You're not going to want it. They're not going to want you. No, no, no, but seriously, they're not going to want you. I hope not. Because I haven't been a paralegal in thank God. I don't know how many years and anytime they've ever asked, oh, you know, have you, has anybody ever been like a lawyer or whatever? And I'm always just like, uh, and they say get the fuck out of it. And they're like, how long has it been? And I'm just like, you know, it's been a really long time and it doesn't matter. Comment below all the ways that you got out of jury duty because I need your help. I don't think I'm calling to the, to the community, the girl, the Dalsa diva's the boots on the ground. Tell me exactly how to get out of it. I don't think you need anyone's help. I think if you say it for, they're not going to want you. Because I'm going to get in there. I'm going to sit down for both legs behind my head. And I'm going to say. I don't have anything to say, sorry, please leave. You can't do that here. The fact that you are an attorney and the fact that you are, like, you're a social media attorney, always talking about it, I would lead with that. I'm going to be like, I'm whatever happens here, I'm going to yell about it on social media. I'm going to go right to my podcast. You should have, you're like, have a podcast, talk about legal issues, don't worry about it. Okay, because here's the tea, I have a hearing that day. So I'm going to court and then I'm going to jury duty an hour later. In the same. In the same. Yeah. Oh, yeah. Yeah, so I have a true, I've got to go to it. It's like a, it's a, it's a counter reset for a judge. It's a criminal charge. Yeah. So I'm in, I'm in the same freaking building. So I'm just going to go downstairs. I mean, like, hey, I'll probably know the judge. I'll probably know the prosecutor. I honestly think this is like, don't worry about it. I wouldn't worry about it. I mean, if I'll film a TikTok, I'll try and update everyone on social media. I'll film it going, going to social media. Go to see it. Go on a jury duty. See what they say. How are you? I'm good. I'm good. I feel like, I don't know. It's been a crazy start to the week, I think. It's been like a little bit. I mean, it's a weird week to be an immigration lawyer in America right now. I think this generally, I think it's weird to be, you know, an American in America right now. Yeah. But I can imagine that if you are somebody where this is like the work that you do, then it's insane. It must be insane. Because I feel like I'm pretty good at that. It is, but it isn't. What do you mean? It is insane and it's busy, but it's always been insane. So I feel like it's been a decade. I have good boundaries with it. But I will say that, like, I think about this, it's such like a stupid way to describe it. But Tony Collette talks about her role in hereditary where she had, did you see that movie? No. Big horror fan. I love horror movies. I don't. I do. And I scare the crap out of myself. And then I get scared and I can't sleep. Speaking of not being a movie, it's a horror self-harm. Tell me your thing. But I got to tell you about my Melissa doesn't sleep story and what this doctor said to me the other day. Okay, wait, can you just tell me? Just give me the, what did you say? Okay, so I have had a lot of trouble sleeping. And none of the things are working, right? Like over the counter stuff isn't working anymore for a long time. I was taking, I was taking like, Benadrill-like chick list. And then finally, I heard that you can't do that. You know, did you hear it through my TikTok that I made? No. I made a video and I was like, everyone's so worried about fentanyl. But have you ever taken a Benadrill? Because that shit knocks me out. If I take a Benadrill, I'm gone for two days. Well, I mean out of office. You don't understand. Like when you cannot sleep, it impacts everything. Like it makes me cranky and bitchy and like. Do you have like a clenipin, a Xanax or something? Anything. So I have not yet tried anything prescription. Where am I? I've been trying to, I've been trying to do this naturally. Then I started taking like sleep gummies and that worked for a little while and then it stopped working. Then I also, and then I was like, combining all these things like Michael Jackson and myself, right? And so. I will say when Melissa walked into the studio this morning, she opened her bag and a handful of pills fell out. She started crawling around on the floor, screaming crying. Where are my dollies? Yeah, it was, it was bad. It was a real duty garland moment just to get her in the seat. And then the other thing is like, so melatonin. Right. Did you know that it gives you weird dreams? Oh my God. The hat man comes out of the ceiling. Okay, everyone's not. I did not know that. Oh my God, everyone in the studio is not. No, no, no. I was alone. I did not know this. Oh my dreams are not bad dreams. They're weird dreams. Yeah. It's like watching the opening sequence to American horror story. Anytime I take a melatonin, it's like I start hearing the creepy music. Like it is, I start seeing things. It's spooky, ducky. And I was listening to an MPR show because you know, I'm a Terry gross girl. We love Terry. She was talking to a doctor who was saying melatonin is good. And like it's like 0.0025 is all you need is like the only study you need for melatonin to actually work. It is such a small dose. And like the minimum dose in America is like 10 milligrams that you can buy from the store. So we are all taking like way too much melatonin. And we shouldn't be doing it is what they were saying. But the thing is, okay, so if that's the case then then that dose of melatonin was not helping me sleep. Right. No, it was just fucking you. It was just rolling hard. So I was talking to my primary care physician and I was just like, I can't sleep. And she's like, okay, I want you to go do a sleep study. Sure. No problem. So I didn't do the study yet, but I had that first meeting with the doctor. And she's asking me questions. And this was a telehealth. Oh, okay. Yeah. I was so excited. So I gave you a lot of questions. She should not be the questions. And then she says to me, you know, she says to me to hold one nostril, breathe on one side, do it on the other side. Right. There's a reason why she's asking me to do it. Okay, because there's a line of blow in front of you. Yeah. And so, so then she says to me, let me see your tongue. Right. So I have my laptop. It's just a lady at the zoo. It's just like a lady at the fucking circus that Melissa walked up. It was not a doctor. No, it was not a doctor. So she says to me, let me see your tongue. So I kind of like bring my and she's like, you don't have to do that. You have to laptop in. Because I'm like, what? So I stick out my tongue. And then she was just like, yeah, you know, I'm going to send you this machine to see if you have sleep apnea because you have quite a wide tongue. So, oh, Mike, it's the guy from Kiss. It's like, who got, who got, didn't, and the notorious shitty interview with Terry Gross. Did he roll the clip? It's so good. Oh, I got a watch. It's rolling around on the internet. Yeah, you got it from Kiss. Okay. She's Simmons and Terry Gross. Okay. And she reads it for Phil. And she's like, does that stick really work for you? It was so good. She got there's him. Oh, I got to watch. So then I've been talking with my friends Andrea Shadotis and I said to her, I was like, I'm going to do this sleep study. She's like, oh, because she's also having trouble sleeping. So I said to her, my doctor says to me that I've got like a fat tongue. Did Sandra show you her tongue? No. But you're sending me tongue emojis since then, that bitch. And she was just like, you have a fat tongue. And I was just like, the doctor didn't say I had a fat tongue, but doctor said I had quite a wide tongue. She was like, no, when I tell it, it's going to be the head of that tongue. So I'm going to get the sleep apnea thing. And I'm going to say, I don't know why she was so quick. Can you document it for me? I got to see you with all the electrode on you. It's always not that. What is it? It's like a hand thing. Oh, I hate that. And it's disposable, which makes me very concerned about all the medical trash that we're getting right now. Because she was just like, oh, it's disposable. And I was like, is it plastic? And she was like, yes. And I was like, do you remember when we were, when it was like the start of the pandemic, it was like still April, Tom Hanks still was unclear with COVID. And did he still had it right? He still had it. And we, we had like ads on the radio. I remember listening to podcasts and hearing ads of like, nurses begging people for like masks and gloves and stuff. Do you remember that? I do. We like didn't have anything. No. It was crazy. You couldn't find any. That just reminded me of that. Why? Just we were talking about like medical waste. Oh, yeah. And like doctors, nurses, medical professionals were like reusing masks. Do you remember also during the pandemic, sort of everybody was getting like mask acne? Yeah, they were getting like a line around their face. Yeah, yeah, yeah. That was anyway. That was very sad. Let's get into a sidebar. I, we've got a lot to talk about. It's, every day feels like. It's been a week. A week condensed into eight hours, but we've got plenty of news to cover. So stick around. People who didn't do what John F. Guad wanted them to do, they usually disappeared. John of God was once Brazil's most famous spiritual healer. But in this limited series podcast, we uncover the darker truth behind his global empire of faith and fear. From exactly right and a thundermedia, this is Too Faced, John of God. Listen on the iHeart Radio app, Apple podcasts, or wherever you get your podcasts. All right, so this is sidebar. We're going to jump into what's going on in the courts. What's happening in the. What's going on so much? What's going on this week? I was saying it's a weird week to be an immigration lawyer, but I had a client who people have been reaching out to me a lot about this. And I actually would rather just address it on the show because I can't respond to everyone. But people are asking about what do you do if you get called to a USCIS appointment? Like, hey, you're going to get fingerprinted or you get a request for evidence and you've got like an active asylum case. Like what do you do? Because what's happening is people are going, we just, we just saw it in the headlines. A New York City Council person got arrested at like a routine immigration. Did you see this? I did. Yeah, so people are being asked to attend these routine appointments and in a normal world under any other administration. We're not going to go, right? And people don't want to go to their appointments anymore. So. Do you blame them? No, not at all. And especially because like council people are getting arrested at these immigration appointments. Right. And those are like prominent public figures. Like we have mom Donnie speaking out every day about making sure that we release this person. So people are going to these appointments and they're not coming home. And it's like they're trying to comply, right? These are the role followers, these are the people who are trying to do it right. They're trying to do the legal way that came in. They're filing. They're trying to say to the right way. I'm trying. Yeah, I'm trying to get my LPR. Right. And then I go to the appointment and. LPR is legal permanent resident. And they and they don't they arrest them right then and there. Yeah. My client reached out to me and was like, I got this weird random request to get a fucking finger printed. And it was like, we already did your fingerprints. I'm looking at it. I'm looking at it in the case. Yeah. In the file. Right. And anytime they want like, it's called an RFE request for evidence they submit it through a special system. And I get notified as this person's lawyer. So I'm like, I'm sorry. Did you get notified that they need to come in? I did not get notified. Sure. So they contacted my client and said you have to come to this office that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to take that document that I wanted to answering whatever your questions are. And so I started pulled a power move, not just going, but also I kept referring it back to the courthouse. So this is what I did. I said, whatever it is, let me know, submitted through the system, and I'll tell the judge, I'll tell the judge and the attorney for the agency, the DHS attorney, the information you're seeking, because the attorneys are like four people above the officer I'm dealing with. So I'm saying, great, submit it, and I'll tell your boss, his boss is boss, what it is. And they kept being like, oh, well, where's your client? We need to talk to your client. I advise my client. I said, do not be at home while I'm at this appointment. Go to a friend's house, go to the office, go where it don't be at the house, because I don't know what they're going to do. So I said, submit it through the system. Still don't have a request. Still don't have a request on RFE in the system. It is so clear that these are poised to get people into an office, so it's easy for them to arrest them. I guess that's right. And your screwed either way, right? Because if you don't go, then they're going to see you didn't comply with the RFE. Right, but if you do go to grab you, and they send you anywhere, apparently. Yes, they do. Oh, yeah. And that's intentional. That's by design. They send you anywhere so that you don't have access to your community. You don't have access to an attorney. You don't have access to people you know, your family can't come and visit you. It creates financial barriers for people to come and see you. I have clients who get sent to Colorado. They don't know anyone to call it. They're at high elevations. And they don't know. Like what the, it is actually crazy because detention centers are intentionally designed to be far away from city centers. They are not in the midtown. Right. They are upstate New York. They are in West New Jersey. Like they're not near a metropolis. So it's harder for attorneys to access these people. So like this is like by design. Like if somebody has been, and remember everyone, while Michael is a lawyer, he's not your lawyer. So talk to your lawyer about this sort of thing. However, I do have a question for you. So is it okay if you were my attorney? And I was asked to exactly what you did for your client. Yeah. It's okay if the client doesn't go, but the attorney goes in their place. That is, I'm not willing to tell everyone to do that. Like that is not a risk of willing to take, but I was willing to take it for my client given their particular situation. I said, why don't I go and do a little bit more fact-finding here? You're not currently being held in detention. So the likelihood of them immediately deporting you if you don't do something they want is lower because they just don't know where you are exactly. So that was how I handled it. But I'm getting increasing reports people reaching out to me through my DMs, through my link tree. Hey, I was asked to go, my husband, boyfriend was asked to go to this thing. They never came home. Oh my God. Which leads us to your algorithm is showing. I think we've got a lot to talk about in the headlines right now. I don't know if you are, but I'm not hearing a lot about deportation flights. I have, but I think only as it relates to the Haitian community, right? Look, it's like the rumor mill about what they're doing. I don't know that it's actually happening, but my understanding is that they've got all these charted flights and they're shipping people off. I have. Don't know if it's... Yeah. Do you know what I'm saying? I don't know if it's... Most of my clients are detained, and I've only had, I mean, knock wood. And this is not like bragging, but only one of my clients in the past couple of months has been actually removed from the US. Everyone else is remaining in detention. Okay. Whether that's because I'm doing legal work for them or not, it remains to be seen, but usually what happens is people get moved to Louisiana, and that's where the staging happens before they're removed to their home country. When people get deported, because I feel like this administration is different than others, right? In the past, would they just put you on a commercial flight and send you or would they sort of charter a flight and put sort of all the people from El Salvador would go to El Salvador and then dump them versus what might be happening now? It's very opaque. Like, they don't release a lot of information. The public has pressured certain airlines, I think. Right. Avello is the airline that the public like pressured them into stopping deportation flights. You've never heard of that airline. It's a South American airline. Oh, gosh, you got your pay. It's like the spirit of South America, I think. It's a bunch of things. So it's really comfortable. But people really pressured them and it worked, which is why I made a video on TikTok about, let's all tag the companies that support ICE contracts. I mean, that really is one way to fight back is boycott and stop supporting companies that support deportation of migrants. I wanted to say about the deportation flights. I think that I'm not hearing about them because the private prison system is the goal, like lining the pockets of the private prison system of the companies that are getting those federal dollars from DHS. Like, big, beautiful bill went through, right? And all that money went to fund these contracts. A lot of it went to prisons. And so those beds, they make more money off of migrant staying in the US in a deportation detention center. Then they make from the flight, sending them home. So not only are the flights getting canceled because the companies aren't going to run the flights anymore or people are protesting and pressuring the companies to not run the flights, it's more lucrative for those private companies. Except that who's paying those companies is the federal government. Yes. I thought that immigrants, illegal immigrants undocumented people are sort of a blight on the United States and that they they cost the United States money. So they've got these prisons that are charging. Do you see what I'm saying that are charging? Yes. I get what you're saying, but I'm thinking like who owns shares in those private companies who is in office? No. And we understand that that their MO is to lie to the American people except that that doesn't make any sense. Do you know what I mean? Yes. I think it gets to right. It doesn't make any sense. I don't know if that makes it untrue though. Okay. I think it's like very much a myth that like immigrants are costing the American people tax dollars. No, I understand, but that's what they're saying. Of course. Yes. And I'm saying what they're saying is unnecessarily what is actually real. No, I think we know that it's not, but if they are trying to make the American people believe that immigrants are taking their jobs and they're using resources and that's why we're trying to get rid of them. But what those people who want that and believe that, that, you know, the Trump base, all they're seeing are ice officer busting down door dragging person by ponytail into van. We don't see what happens on the other side of the bend and they don't care. In their minds, that person is now gone. What I'm saying is from what I'm witnessing and what I'm reading about in the news, most of those people are still here in beds costing American taxpayers a lot of money. That then goes to private prison. So that is what I'm seeing. I don't know. I was just thinking governor Hokel, did you see this? She was like, we are New Yorkers could sue ice under her new plan. She's like trying to roll out this plan in 2026. So it's like it's on her like, you know, like 2026 Barbie dream house her like vision board is that New Yorkers would be able to sue ice for if they are like assaulting them or doing anything that like there needs to be some sort of accountability for the individual officers. So that can be something that we see New York do that other states model. I would sue ice as an entity or the individual ice officer or I think both. So that was it. She did her like state of the states beach last week. And they covered that, which I thought was really interesting. Interesting. We can talk about the insurrection act because Trump said he wanted to invoke the insurrection act. I did see that actually. Yeah. Which is insane. The insurrection act of 1807 is a rare and powerful US federal law that allows the president to deploy military inside the United States. So it includes active duty troops, but also the national guard and it's to respond to insurrection rebellion or domestic violence when normal law enforcement can't maintain order when federal laws are being obstructed. So an exception to the general rule and I love this. Pasi. What is this? Pasi. Comotitis act. Yes. That's it. I love that. Okay. It's only been it actually it's only been invoked a couple times in American history. It was during the LA riots. Oh, I remember. But there was yeah. Yeah. We weren't. It was I was very young. Okay. What was it like though? I mean, I was in New York. So I don't know. I know, but like it was crazy. It was it was insane. You're like glued watching TV. And I think I feel like that might have been I don't remember which came first the LA riots or O.J. Simpson, but like those are the things that sort of stand out to me. I think the LA riots came first. It was like 1992 or 93. Yeah. And I was so yeah, I was really young. I can remember being like absolutely glued to the TV and like talking to my friends like what the fuck is going on? This is crazy. And I also remember like there was there was this truck driver. He was a white truck driver who and I forget it was in downtown Los Angeles. It may or may not have been in Compton. I don't remember. But he was driving. He got to the middle of the intersection. A bunch of people pulled him out of his of his truck, started to beat the absolute crap out of him. There's we can find the video somewhere and it was like my reaction was to be like I can't believe I missed this, but I was for so I was like I think I get a pass. I was like wow, I can't believe I missed this. This is crazy. Where was this? Huh? No, I was a snap time. No, it's not time for you. Damn, but I didn't miss the O.J. I saw the truck. I watched the truck driving. Oh yeah, a core childhood memory of mine. Okay. Yeah, it's why I got in school with the courts in the first place. I put the business away. I got into the courts because you watched your dad get perked while at a museum. It's a touch of one fucking painting at Mama. You touched a painting. You touched one Roushianberg. I will tell you even I don't know why I don't remember where I was when I was watching the riots, but I do remember where I was when we were watching the O.J. Simpson thing. I was in a bar at a pool hall with a friend and my boyfriend at the time. A pool hall? A pool hall. Wow. I know. Billiards. Can you hustle and pool? No, I can't. Okay. But your boyfriend at the time. Yeah, he was here. Can we state his name for the record or is it? Cliffey knew. We don't have to use his whole name, but call him Cliffey knew. We can just call him Cliff. We can just call him Cliff. Yeah, we love Cliffey knew. This is a cute name. What was his deal? He was a good dude. It just broke up. Are you okay? I did. I'm alright. He's lovely. I've gotten a lot of messages from my ex-boyfriends have reached out to me since the show. Yeah, we actually got to do a sidebar on this. Michael, I know. I told you. It's cool because mom, if you're listening, turn this off right now. Yeah, you mind me. Yeah, you mind me. I've got a lot of ex-boyfriends. I was busy in my 20s. So like the people that I, not that I forgot about, but that I haven't thought about. Not about in a long time. Well, because you, and not even in a necessarily in a bad way. No, no, because we've moved on, right? But some of them were in a bad way. Like it didn't end well. Yeah, yeah, yeah. And if I do run into, I don't want to talk to you. No, no, you have to, you don't see them. Yeah, yeah. But then to reach out to me and be like, hey, like, do I even give him the airtime? Yeah, sure. Fuck it. Let's do it. This guy I was dating reached out to me and he was like, we were really, we were dating for a long time. Like we were very close. And he reached out to me and he was like, hey, I just want to let you know. First of all, coming in hot, it's been at least 15 years. It's been a long time. I just want to let you know. First of all, how did you get this number? Second of all, how dare you? Then he said, let me know. Let me let you know. He says, I'm so happy to see that you finally found your thing in life. That makes you happy. Yeah. Because when you and I were together, you were hot. I was like, oh, okay, noted bitch like this thing that I built. That is definitely earrings off, that is definitely on the face kind of stuff. Get out of here. I said, you've got the right bitch to put you in the wrong other fucking place. Listen, I'm from Long Island, honey. I was born in a tanning bed. I will fuck you up. So I, so I of course called my friend, you know where I want to say her name. I called her and I was like, this bitch, I lead to him. Yeah, no, my, she talked me down. She was like, no review is better than a bad review. Do not respond to this person. Yeah, yeah, yeah. Don't give them pretend like you don't even have the same phone number. Well, I mean, especially because they obviously reached out to you to needle you. Oh, yes. Very different of somebody if somebody's like, hey, I saw that you're doing this thing. Good for you. Hope that you're well and we're moving on. Right? Yeah. And I see an ex of mine doing something in the public space. I am too busy leading a wonderful life that I'm very pleased with to reach out to that person and be like, hey, and like retread old tea. The fact that like clearly he has nothing going on because he's like watching my 15 years later, I'm not that good and bad. It's not that great. But so you know what's really interesting. I will say, man, I'm not the same. It's always like this guy out here. What is it? Again, at least 20 years ago now, because mother has lived that this guy that I used to go out with every year on my birthday sends me a message. And it's always and it starts out the same way. Happy birthday. Oh my God. I hope that you're doing well. And I don't know why I always forget what happened the year before. And I'm like, oh, that's nice. You forgot. It's not the Benadryl you're taking. Maybe. The memory is the shot. And he, you know, it's and it's like this is not an opportunity for you and I to reminisce about the times that we fucked. Like I don't want to cough to you. And it's so weird. Yeah, my birthday is not about us talking about the time we banged 20 years ago. Oh my God. And so again, so I told my friends and she's just like, you put it on him. And I'm like, you did. You did. You did. You gave him that. But it's so it's so weird to me. Like what? What? What do you want? I know. And then when that happens, I start thinking I'm like, what did I do that night? 2 a.m. in Sosalito. What was happening? You know, there's that biker gang in Sosalito. What was I doing? You know, I mean, I'm like, what was, did I do something different? Like really? But it's just, but it's something I was wondering. But I just find it so fascinating. Like, because, because like my other ex boyfriend, Clip, who's such a decent guy. Do you know what I mean? Like we exchange, you know, greetings on our birthdays. And you know, you keep it clean, right? Like a happy birthday. Hope you're doing well. How are your kids? How's your husband? That's so sweet. Super, super nice. He came to my dad's funeral like so sweet. Such a good dude. I was there too. You didn't introduce me. You went to the way he came to the service. Oh, okay. Okay. And like my mom was happy to see Clip. My mom was happy to see Clip. Yeah. I was happy to see Clip. Like it's, but like it's so fascinating to me how there could be that kind of person. And this other motherfucker. Like what like it's bizarre. It's fascinating that our judgment and sexual partners can spans such a spectrum, right? Of like the nice guy who comes to Thanksgiving and kisses your mother on the cheek. And then this mother. But I think I really think that everybody has that person. Sure. The guy on the chain gang that you met. Or like, or you know, I always feel like, I mean, I don't know what it is for like men. But I feel like every woman has a man in their past that is the man who made them crazy. Like that was the guy. Like that is the guy that pushed you to a place where you have never been. And Zelda Fitzgerald, she's like on a journey. And I am, I am dead ass like the 5150 hold hand. There is there. That's. Slide into my dance. No, yeah. Right. Like, no, no. No, no, no, there is every woman as a man in her life who was the one that you were like, I think I'm going crazy. I'm I am crazy. I'm about to set fire to this motherfuckers house. Like there is something that my friend said a guy's car on fire. Yes, she did. I was like, get it girl. Get it. I key to guy car. You key to guys. Melissa, that is so 1992 of you. It was 1990. It was a king of car. Wow. Yes. She's like, my mom can't watch this. My mom can't watch this. That's why they have keyless fobs now because Melissa was keying everyone's car. I had a friend of mine who literally it was it was not me, but I was her lookout. I had a friend of mine who took a drill to a guy's car. You were the look. I'm not going to have a bird. I'm not going to have a bird. Is this a coordinated the car? He had a conspiracy to drill a car. He had a navy blue Ford probe. Not even that's like a car that adrioles it if the drill is more expensive than the car. It was off a Pinto. What was this? Pinto in real car? Yes. It is. Get it. Oh my god. She took a drill to his probe. That would get you covered under the insurrection act. Let's take a break. Oh my god. This is under oath. We're going to do a deep five into into some hot topics. Melissa actually programmed this entire segment. I have no idea what we're going to talk about. Anyway. She wants to talk about Lauren Bobert. Giving a hand job to a guy at Beetlejuice. Did you see that you remember that? I will. My foot will always stand on Bobert's neck about that hand job. She's throwing neck in the front row of fucking Beetlejuice. And here's the. I can't believe. Right. You're. This is the thing. Like you're a grown. Go somewhere. Go to the bathroom. At least like my job. What's up? I'm doing a car. Like I'm so respecting person. I mean, you're like the front row. First of all of all the shows of all the shows to just to give a reach around to you. You chose Beetlejuice. It didn't even get good reviews. I'm sorry. It didn't even do that well. It closed pretty quickly. Well, maybe that's why she was. Well, no, I mean, they were joking it. Jorkin it in the front row. It closed early. It was so bad that it was like, you know what? Let's do. I'm going to throw down right here. I will. I will never let you forget that Lauren Bober. As long as you live, we're going to do it as featured segment every week. Anyway, let's get into under oath. Melissa, what was the topic you wanted to talk about? I hate you. I hate it here. I want to talk about wolves in the States. Oh, yes. Okay. Yes, state law. Everyone's favorite. You're never too young to have a will. That's what we say in the biz. I think that people think that they are. I will say as someone who doesn't have a will. Yes, that is true. Uh-huh. As someone who has high blood pressure and a family history of high cholesterol and heart attacks and I still don't have a will. I mean, I think that people are very superstitious about that. Even if they are not outwardly superstitious, they feel like, oh, why are we planning for my death while I'm still alive and well? I think that that's actually the best time to do that. And I remember when, so several years ago now, we had a relative who passed away and she was unmarried, didn't have a partner, didn't have any children, and she died. And I think the thing about that, that sort of really bothered me was that I remember going to see her in the hospital. And I remember looking at this woman and thinking to myself, oh, I had to tell my mom. My mother was away. Okay. That this woman is going to die. Like she was very, very sick and she had been sick for a long time. And I think she knew she was ill and sort of opted not to do anything to that one. Yeah. A lot of people do that. And a part of me understands, right? Because she had no partner and didn't have any kids. It sort of fell to me to clean out her apartment and go through her things. Wasn't this in my neighborhood? Upper East Side, no. Oh, you had a different auntie who she lived like right across the street from me. Oh, that's a different person. And actually her sister. Oh. And I had my own apartment too. This, okay. Sorry. I just got a text from Melissa that was like, are you walking your dog right now? No, it was Brad. I saw Brad. Oh, you saw Brad. I saw Brad. And I was like, I was like, me, I had headphones on. Yeah. Why are you? Yeah. And she lived in this apartment for 40 years and she wasn't a hoarder or anything, but she had a lot of stuff. And she didn't have a plan. And this made me start thinking really hard about my parents. And at the time, they didn't have any estate plan. Right. And I remember getting on my mom and dad about it. And my father especially was very superstitious about it. And he was just like, you know, your mom gets everything, you get everything, Joey gets everything. And I was like, it doesn't work like that. And I think that people think that it does. And I think that people think that my family is going to collaborate and get along. And they're just going to figure this out when I'm gone. And I don't think people take into account like how they are oftentimes the glue keeping everyone together or underestimate the grief that people are going to be going through. And that people won't be in the right mind when they are trying to do this. And that's often when family riffs occur. Absolutely. It was what I said to him. You know, I remember trying to explain to them that, you know, in the middle of grief is not the time for the rest of us who were left to try and figure stuff out. Yes. Yes. And I will say that I'm so glad that my parents estate was in order by the time my father died. So that we weren't like scrambling trying to figure stuff out. Right. And there was a plan. I gave him a lot of care proxy, which was difficult, but like it made the rest of it a lot easier to take because they had had a plan. God. And the other thing I think that people don't realize when you there is no privacy and death. No. Right. And I remember going through my aunt's apartment. Oh my God. Being like, you know what, she would not want me to be looking at this stuff. No. Everyone has that friend where you're my friend like that where it's like, if I go up to me, wipe the drive, wipe the drive, clean out that drawer. Isn't that what you have breath? Yeah, I guess Brad too. Yeah. No, there are some things I don't want. Really? You know, I have a really good friend of mine who says that she knows that her husband will not, if there's a, if there comes a point where she's on life support that she knows that her husband will not be able to do it. She's made me her person. Perfect. Yeah. I know. I'm not a person for some people. I love that, but like I also get it right because when you love somebody, you're like, no, no, no, no, no, maybe, maybe, maybe. Yeah. And she's like, he won't be able to do it. So I will say for like, wills for me, I guess like my logic, which I'm not saying this is like the right logic. But I know that like if I die, it will be in test to see. So basically in test to see laws, what happens when you don't have a will to die without a will, it's called in test date. It's sort of like the legal term for it. It just means you didn't have a will and the governing laws of your state will apply to your estate. So I know that the laws where I'm domiciled New York will distribute my estate, how I wanted to distribute it, which is that if I die, it goes to Brad. Right. But if both of us die, it goes to, right. I think my sister, see, but you don't know. It does. It goes to my sister. Okay. But wouldn't it be more prudent for you to have a plan like an actual plan? Yeah. I guess so. See, I think that's what happens. That's what it is. That's what happens to people. People are just like, yeah, I don't want to think about it. But like, I will say that on property, if you have investments or, you know, what though, even if you don't, when I was a paralegal of the game as health crisis, we used to do a will. You would do trust in the states. I didn't. There was another team that did that. But you know, and oftentimes these were people who didn't have much money. Yeah. Maybe you want to leave your favorite leather jacket to somebody. You know what I mean? Maybe you want someone to have your photography or your diploma or whatever it is, but that's why you need a plan. I will say there is this one cemetery that I actually really want to be buried in. Right. I just, I really, you want to be buried? Yeah. I think so. Does Brad know that? Or like, cremated and buried is fine with me. Okay. Yeah, Brad knows that. He does. Yeah. Yeah. But I, it's like on my list to buy a plot there. I'm like, oh, yeah, I need to do that. And I need to do that. And it always, I can. It's on your list of things to do, but you haven't done it yet. I know I haven't done it yet. I know I really need to do that. But I think that everybody thinks that they have time. Yeah. And I mean, not to circle back around to Renee Good, but I'm pretty sure that, you know, any, the point of that is absolutely right. Anything could happen to any of us at any moment in time. And if you have wishes, you should make them known. And I was looking, I was thinking about this a lot. And I was looking at all the famous people who died without a will. Let's do some quick definitions first. I got some just like quick definition. So will is the legal document that says who gets your property after you die? Right. And who will handle your estate? A trust is a legal arrangement where a trustee holds and manages assets for a beneficiary. Yeah. Often to avoid probate, which is, oh, probate like probate court. Yeah. And I actually did really well in trust in the state's classes. I got like, it is some of the few a's. Why don't you do that? I don't want to. Okay. It's like kind of boring. I've written wills before and I'm like, oh my god. This is like, it's just like a lot of what it feels like boring people work to me as someone who is like a litigator or ghost court. Like that's fun and exciting. Yeah. But then to be like, oh, right, someone's will. I'm like, oh my god. This is like really tedious. So I've done it. Do you want to do mine? I don't have one either. I really don't want to. Really? You wouldn't do that for me. I'll do it for you. Of course I'll do it for you, but I'm going to bitch the whole fucking time. I'm a game and I'm allowed to complain the entire time I'm doing it. I'm a black woman who doesn't give a fuck about your family. As your friend, I'm allowed to complain the whole time. But yeah, I'll do it for you. Absolutely. I don't care. Let's do it on the air. What do you want to get? I'm not doing it on the air. Let's do it. No. No, no, no, no. No. Okay. Power of attorney, a document that let someone make financial decisions for you if you can. A healthcare proxy, a document naming someone to make medical decisions if you're unable to speak for yourself. Beneficiaries are the people and organizations who receive the money, property or assets from your will or trust. Probe the core process that legally settles the person to state. I was right. You were right. That A. A for you. That A and trust in the state's law is still in there. It's just one class on trust in the state. There's like, I think there's like a normal one and then there's like an advanced one. And then I think it might have been like a four credit class. It was like a long, it was like a big heavy curricular lift. And then they covered so much on the New York State Parks and when I took it, it was like days of covering it in New York. Interesting. So I have drilled into my brain like the New York statutes around it because they really made us go through it. I wonder why. I think it's because it's just one of those things that it's gunna, everyone knows someone who's gunna die. Well, we're all going to die. Or we'll die themselves. Sure. Huge of true. Right. Huge. Huge of true. Huge of true. Huge of true. And everyone, so they try and make sure all lawyers, it's gunna come up. A friend is gunna turn to them on their podcast and be like, well, you write my ball for me and you're gunna have to kind of know how to stumble your way through it and do it right. So New York, you need, I know that you need witnesses. You have to have like witnesses in person. It sounds like so extreme, but it really is like it could be literally anyone. Sign and write your name for you will. When we did our parents, my brother and I was sitting there signing our lives away. Everybody was. Okay. So tell me about these weird celebrities who died with that wills. Prince. No will. Prince has like a full, like a library of music. They can like release a song every year forever. He got music for the ages and he had no will, which is really surprising. He had no will. A wreath of Franklin didn't have an actual will. She had a bunch of handwritten wheels all low and like they were all over her house, which apparently was a mess. So that happens a lot, not saying that this is what happened with Miss A wreath. What did I just do? I just wanted to call her. They're going to come for you. They are going to come for you, sir. So sorry. So sorry. So sorry. The queen. So I love her. Oh my god. I'm so sorry. I just I burnt my tongue on really hot. I really did. Law suit coming for your ass. Sorry. He's lying. I really did. He's like, no, no, no, no, no. You stumbled on a wreath of fame, which is okay, but you want to lie about it. But I'm sorry. I took a benadryl and I drank a coffee and now I'm so wearing in the studio. But a wreath of, I'm not saying this happened to her, but people have like, we were at a lot of cases in that class about people who would like kind of go crazy and lose their mind and write little letters. And then it would be like for conflicting letters and they all say something different. And they're not dated. They're not dated. And no one knows who to believe in which one who should get what. There's always like that, that nephew from out of town who said that I was his favorite. Yeah. Yeah. Never seen you before. Great expectations. Yeah. Yeah. Amy Winehouse, which is I'm not surprised that she didn't have one. She was really young. But again, that is not an excuse, especially when you, we just certain level of success you should really have one. Kirk Cobain, Amy Winehouse, Kirk Cobain, Jimmy Hendrix, all 27 years old when they died. I heard that. I heard that. There's like a whole list of people. And who else? Janice Joplin died at 27, I think as well. Yeah, there's like this whole. Uh, Pablo Picasso. I wonder where we like expected. He died like really old as well. I don't think he did die really old. Yeah, it wasn't like it wasn't like a sudden tragic. No, he was done 27 years old. He was really old when he died and he should have had a will and he didn't. Oh, Martin Luther King. And Princess Diana. And did Diana didn't have a will? Why? Who got the revenge dress? Megan. If it's Megan was like, I need that fuck. Were you silent or were you silenced? There's a tweet Brad Lysie quoted all the time, were you a container ship or a ship contained? That's so fucking stupid. That's Mickey. He says I'll just be like in the kitchen cooking and I'll hear him talking to himself in the other room. That's someone who's going to write a will on a little piece of paper and leave it around the house. Okay. Brad talks to himself. We both do. No, no, no, no, no. So I'll be like doing the dishes and I'll be like, I talked to myself all the time. I'll be like bober. No, I'm like, I'm like having imaginary arguments with things that I wish that I could say. You're fighting. You're fighting and you're right. See me is just like a brain rot, millennial brain rot of a meat different memes and quarts. No, I'm fighting with people who have fucked with me. And I wasn't able to say something or do you think you weren't able to fucking kill their car? I wasn't able to, like, to be anything to it'll be like some random memory from like 1998. And I'm like, and let me tell you something about you. That should have said something, but we don't hold grudges. These are two toruses on the air. We are both toruses. We absolutely hold grudges. Deeply damaged. Okay. I have some weird rapid fire facts about trust in the states that I looked up because there's the Slayer rule. What is that? The rule is if you kill someone to get their inheritance, you can't inherit their money. So it like skips over you. So it's like, there needs to be a rule about that. There did. Yeah. And there's a lawsuit. There's a case around it because someone, you know, yeeted their husband in order to get that inheritance. It's actually weird to me. The Menendez brothers. Like I don't like someone killed someone to get their inheritance. Right. And then it has to go to court. They're parents to get the money. I don't think so. They're still around and we've got Rymer fee involved now. So did you watch that? No, I didn't watch that. I started to watch it. It was so weird. It was so weird. The constant Millie Vanillee in that, did anybody else watch this? Okay. Where's Millie Vanillee? The music plays. The music. And they apparently, I don't know if this is true because it could be just Rymer fee doing this thing. But apparently at the funeral of the Menendez mom and dad, they played him. Millie Vanillee song. And it was so weird. Girl, you know it's true. Ooh, ooh, ooh. Can I even say that? You can say you can't sing it. Uh, ooh, ooh, I love you. And that is what they do. That was what was played at the funeral? Yes. I bet they didn't have a will or a plan for what was going to play at their funeral. And that's why they did that. So that's why get yourself a lawyer. Don't ask me. I don't want to fucking do it. Before my mom had a will, she had said she was going to funerals and she would see like people's PowerPoint presentations at their funeral. And she got a box. Not your mother reviewing other people's funerals and being like, you know what? I actually don't want that. I don't want that. Have you? No, Matt McEl. She was just roasting them and coming home and she's like, no, Lily. No, Lily's. No, not even roasting people, but being like, I don't want that. I want this. And she had this box in her coat closet where she would deposit pictures of herself that she liked. And she would say to me, I need you to make sure. And the thing about it is, that's the kind of shit that like my parents would leave all these things to me, right? So like before way, way, way before my dad died, he would say, especially if he had a friend of his who had gotten really sick, he would be like, don't let that happen to him. Right. And I was like, well, see what we can do, right? And he was just like, listen to me. Melissa. I'm going to buy them to put a bullet in my brain before you let that happen to me. And he would say, because mommy can't do it. And Joey can't do it. And I'm like, I can do it. I can do it. And now that you think I can do it. And he was just like, you'll be okay. You'll be okay. You're in the straw one. And I was like, my mom and my mom, my mom didn't want me to kill her. She did put all these pictures in a box. And she was like, because you're fun to enjoy it. They can do it. You have to do it. My mom's always like, once the grays, like once they're not doing my roots or my nails, she's like, just fucking pull the plug. Oh my god. She's like, don't let me get to it. She's like, the minute it's like not first, the minute I'm not a few. As the grays for gray hair, I am deeply disturbed that your mom feels like, should I just just spit out? And it's just like, the indicator, she's like, the minute it starts getting a little bit less than like a glamour icon. Like let's just shut it down. She's like, I'm good. But yeah, my mom had all these pictures in a box. And she was just like, at my funeral, these are the photos that I want you to put on the PowerPoint presentation. But now that we're all on phones and stuff, if she sees a nice picture of herself, she's like, this is. This is save this. Save this. You know what that's pragmatic? I don't want any busted ass photos of my face at my funeral. How are you going to do me like that? Send me out and start. I think like, you know the Guns n' Roses music video where she's in the wedding dress. I think if I could wear that, Stephanie Seymour. September rain. Yeah, September rain. I think something like that. I love September. Something subtle. I want like the short wedding dress skirt. Really? Yeah. Okay. So here's the reason why. Wait, there was this woman in New Orleans. They sat her upright in a throne. It's to interrupt us. Go ahead. Sorry. I know I said I wanted to be crewed, but I changed my mind. But that's not the sat her upright. I can have it all. I just have it your way. So you're standing upright. She had a pin that said bitch. And it was like made of diamonds. And she had like, she always carried around like a goblet. So she had her like crystal goblet with her. And they like created her through the streets. I think something subtle like that. Yeah. Let me see you in a dress first. Okay. Then I'll put you in a dress. I've got, I will say like I, I, I know I've got like a crazy ego in that I think very, I think I look much better than I do. I will say objectively. Yeah. I've got great legs. If I'm in those like spandex hands for running, I think that I would just say I believe it. I feel like if we did like a short number like a romper. Yeah. We could do a romper. I was thinking like a maxi. No. No. Because then you don't see the legs in the maxi. Maybe I don't know what a maxi is. I think you don't know what a maxi is. I don't think I, I think well, you are the worst gay man. Well, hopefully I don't die soon. Now I have time to like figure this out before my funeral. Yeah. Yeah. Okay. I think that's what you can't murder. We got such a tragedy. Maybe we need to have like a, we need a will. We need an intervention. Yeah. I mean, it's layer roll. You can't kill the person who you're going to inherit from and still inherit that is like, I still think that's a weird. I know. Sorry. I ruined all your plans. Well, I just think it's the right like you can sometimes disinherit your spouse, which is interesting. In New York, it's the one third rule. What? It's automatically owed a third from your spouse as a state no matter what. So people try and like screw over their spouse like they stay married, but they hate each other very like, you know, Catholic thing to do. And then you cover my Irish Catholic family. I'm allowed to say it. I'm allowed to say it. Save. Go ahead. But people will be like, you know what? Fuck that guy. And right amount of the will. You can't do that automatically. It gets like overridden. So you know, stay married. Stay married. Stay married. A lot of people leave $1 to someone that way that person can't claim they were accidentally left out and go to court and be like, give me a cup of the estate. Now you were given a dollar. You we remembered there's a little there's a little subplot of something like that in Better Call Saul. It's like that is I love that show. But they give him like a couple thousand dollars. So he can't like contest it. And it's like just enough, but not it. It's like not a lot, but it's just enough that you can't go to court. What we're talking about what we wanted our funerals to look at. So you want to be buried in a dress and carted it around? Yeah, I think so. Really? Yeah, that feels right to me. Okay, I don't want any of those things. I want to be cremated. I want to be cremated. Okay. I literally don't care where you spread my ashes. It doesn't matter to me at all. Okay. So the TCBY at Penn Station is that good? If you want to. I'm gone. It doesn't matter. I do want a really nice repass with like really good food. What's a repass? It's the reception after the funeral. After the funeral. Yeah, but I don't want to buffet. I was like, I don't know, but my friend's Andrea knows like I like lemon desserts. So they're half and I want like a really good signature cocktail. You love lemon dessert. I love lemon tart. I love a lemon tart. Lemon meringue pie. I also like. I also love like a lemon drop. So I want like a good signature cocktail. Okay. Really good. Yeah. Signature cocktails. Some kind of a lemon drop. It talks slower. I'm writing. That's what I want. I want it to be fun. I don't want people. I want people to wear what they want. What if we did like scratch offs? Like we could like give out scratch offs. No. Okay. All right. You know, there's no bad ideas in brainstorming. Well, that was a bad idea. Little scratcher. Put scratch offs at my funeral. Fine. You want that. I want martinis and scratchers. Okay. That could be fine. Right. Because let me ask you a question. You're sad, but then like, oh, you want to talk about. So can you put all of those things in your will? Yeah. And you should. If it's something that's important to you, you can put that in your... If you're dedicating money towards it from your estate, then you can put your stuff in there as long as it's not like breaking the law. Right. Don't give the martinis to like the kids. Who has your phone password? No one. Nobody. And is that what you want? You want it to be? I think Brad probably knows it. And I have to keep it really safe. I got to keep it really safe. Because I have like confidential client information. Sure, sure, sure, sure. But I mean, is there anything in your phone that you think that Brad would need to know if God forbid something happened to you? Do you know, is there any information in your phone that is relevant to like any wishes or how you live your life that Brad should know? Or is it just like stupid stuff? Yeah, I don't think so. And I also think that like, there's nothing like supercent like important that's in there that only I would have access to. Okay. Like anytime he and I travel together because we co-parent a dog, I have a friend that I give like important information to have like, Hey, if something happens, we do go to some weird remote places like we were hiking Machu Picchu a couple weeks ago. So like that, I was like, Okay, that could be potentially treacherous. I don't know. I don't know what I'm getting myself into. So I did get my friend like a little bit of information of like, Hey, if something happens, the Sue has the dog like, this is what his needs are like here's access to, you know, certain password stuff like that. I do. Yeah. Yeah. Yeah. It's important. Okay. Well, this has been a really great like working group sort of moment. I got a lot to do. Let's take a break and we're going to come back. I want to do Tales from the Dams because we've had a lot of questions from folks, which is I love to see it. Remember, leave us your questions and we'll be right back. Okay. So this is Tales from the Dams. I'm going to answer all the weird questions. You send me cool, interesting things. You can go to my link tree and record your question and we will play it on the air. And what do I always say, friends, while Michael is a lawyer, he's not your lawyer. These are just for fun and information. All right. Let's roll with the first clip as an international and European fan of the podcast. I was just wondering if there's any type of law from another country, no matter where in the world that you find extremely interesting that does not exist like that in the US. Well, my mom. Interesting. Do you have any? No. You know, there's nothing like a weird law that you heard of. There's one in j... I really... Well, maybe it's not a law, but there's one in Japan that I thought was really cool. Okay. Basically, there are two types of jerk. There's like a judge and a jury in Japan, but the jury collaborates with the judge on the decision in the case. Interesting. So the jury will like go and deliberate with the judge. So in the US, they're totally separate. The judge is just like presiding over the proceeding and saying, you know, like yes, you're following the procedure right attorney or no, you're not. Here are the rules. And then they tell the jury like, these are the rules. This is your mandate. But in Japan, they say we're going to bring... We're going to send you into the deliberation room with an expert. And the expert is the judge who like oversaw the whole trial. And they actually have like better conviction. They have like a 99% conviction rate in Japan because the prosecutors only bring cases that they know they can win. There's none of this like guessing that a jury might stumble into a conviction if there is doubt in their mind or that. So in Japan, they have like a much better conviction rate. Because they have a professional in the room practitioner who oversaw the whole trial, understands the law thoroughly, sort of like advising the jurors in the room. It's actually really fascinating. And apparently it's the mixed panel is called, I'm going to butcher this. So forgive me. A side bond in. Feel free to correct. Interesting. Yes. But it's pretty new. I think they started it like, it hasn't always been like this, but they just, they started doing it like 10 years ago or so. Interesting. I wonder what happened or what was happening to make them do that. That's actually really interesting. All right. Let's jump into the next question. Hi, Michael Avalosa. So my mother's family is a battalion descent. And the way the laws aren't Italy, I am eligible for Italian citizenship. It's something I want to do for a number of reasons, but given the state of xenophobia in this country right now, I was wondering if you know of any legal issues being faced by people with those citizenship. That's a good question. That's a really good question. And actually, did you, sorry, have you heard recently that Trump has been saying that he wants to get rid of dual citizenship? Yes, I have. Yeah. I have not seen any sort of bill or any sort of executive order put in place. That would threaten dual citizenship. It's still like very much a robust part of American citizenship. Even if some people in the US are xenophobic or have nationalist views politically, that doesn't change the legal status of dual citizenship. There's no law in the books right now. That would sort of undercut that. I don't see like a downside to having dual citizenship at all other than at the moment, but I guess I would want to talk to this person and like really understand what their specific concern is in so far as xenophobia like being someone who's identified with a non-American status where you living, what community are you in or you someone who has to like get by by passing as an American like what is the sort of specific situation? I mean, do you mean like what is her this person's particular worry? Yeah, because I just think like someone who's sounds and presents as American I wouldn't understand how your dual citizenship could sort of factor into like xenophobia unless you were like open about that. Open about having dual citizenship. Yeah, it is something that is kind of like between you and the government, which I understand you're concerned that the government is a nationalist perspective right now, which it is, but at least on the books in so far as the law is concerned, I think you're fine. Okay, so somebody emailed us a question and here's what they say. I just finished listening to your November 27th episode, The Gay Panic Defences Ridiculous and I have a slightly off topic but related question. The question is the difference between first degree and second degree murder and the cooling off period for an emotional response. How does that work for domestic violence victims or victims of physical emotional abuse where there is often years of big and small, big and small instances and the triggering event is a culmination of that experience, but not might not be sneamed that way by looking at it face value. Oh, that's interesting. Okay, well, thank you for your question and for sending us such a sensitive topic. Like I appreciate that and all. So it does get kind of messy here. Like there is no clear picture. I think when we're talking about gay panic defenses, we're talking about these heat of passion crimes. We're looking at like well-established case law from decades. So I think, you know, conversations around domestic violence have really changed like pretty recently in the eyes of the law. The law is always like 20 years behind the present day in order to get cases litigated and really establish precedent. It takes a while. So when someone has endured sort of like years of domestic violence or coercive control, courts don't always treat the last incident as like the whole story. So I would say that like the cumulative provocation is something that some judges will sometimes consider. They'll allow that. And again, panic defenses or like these heat of passion reactive to get a reduced charge. There's no like statute that defense attorneys are looking to for these. These are really like trial strategies. So there's no like law in the books that says this is the defense you're allowed to use. It's like, will this work in front of a jury, yes or no? That's like what the defense attorney is asking themselves as they're sort of putting together the defense. Some courts led juries consider sort of like years of abuse. It's really up to the specific judge of like, okay, I will allow that evidence or no, I don't think it's credible, which is really interesting because judges are elected officials and they're often reflective of the communities they come from. So you might have a different result in a more liberal state versus a deep southern conservative judge. So if the person reasonably believes they were an imminent danger of death or serious harm at the time of the murder, it could be an acquittal or it could be a reduced sentence. Do you remember there was this case? It was this case that oddly enough, Kim Kardashian had gotten involved in, right? It was this young girl who was sexually trafficked and she killed her trafficker. Apparently she was eventually given clemency. But she was convicted. She was convicted. She was convicted. She was saying that we were all like, this is so fucked up. Right. And she's not the only one. There was another, another young girl, Alexis Martin. That was in 2020. Oh, Kim Kardashian also was very supportive of her case. So she was 14 years old when she was trafficked by a man and she killed him and she was convicted as an adult and sentenced 21 years to imprison. This brings up for me something that I notice is that if there is an act of a crime and there's evidence of it. It's really hard for American judges to get over that. Regardless of what the excuse was, I've just sort of noticed that as a trend, as I read Kaisla, if there's an act and they can prove it, it's really hard for your men's reya to totally overcome all that evidence. Judges are seasoned litigators, lawyers who've been in the biz a long time. They're oftentimes previously prosecutors. It's really hard for them to kind of get over these all that evidence, seeing someone who we know for a fact committed the crime. An affirmative, like a self-defense defense is that it's an affirmative defense you're admitting that you did it. But here's why. So I don't see them as often being successful defenses or with complete acquittals, it's usually a reduced sentence. It's like a factor that the judge considers. I don't see a ton about these like, oh, get off, got free. Later you're good. Yeah, yeah, yeah, yeah. Checking with the parole officer have a nice life. It's just really hard for judges to get over that. It's like something, I think it's psychological. Okay. Thank you for sending us all your questions. This was Tales from the Damns. Keep sending us your questions. We'll try and do these every week. Thank you so much for listening. I will see you in court. Not me. This has been an exactly right production recorded at I Heart Studios, posted by me, Michael Foot. And me, Melissa Malbrunch, our producer is CJ Feroni. This episode was edited by Nicholas Galucci. Our associate producer is Christina Chamberlain and our guest booker is Patrick Kottner. Our theme song was composed by Tom Breivocal with artwork from Charlotte Delario and Vanessa Lailack, with photography by Brad Obono. Free free free says is executive produced by Karen Kilgarif, Georgia Hart Stark and Danielle Kramer. Follow me on Instagram at Department of Redundancy Department or on TikTok at Michael Foot. And I'm on both Instagram and TikTok as Melissa Malbrunch. Got legal questions? Reach out at free free says at exactlyrightmedia.com. Listen to free free says on the I Heart radio app, Apple podcasts or wherever you get your podcasts. And of course, we're a podcast with video. Search for free free says on YouTube.