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Episode 15: Common Misperceptions About Wills in Texas
18 Plays5 months ago
Join Lorie Burch and the Burch Law Team (Cyntia, Sara & Sam) this week as we tackle some of the most common misperceptions about Wills and estate planning in Texas! Think your home will automatically pass to your spouse? Think again. We'll also debunk the myth that a Will avoids probate, explain the complexities of estate planning with stepchildren, and discuss why estate planning is crucial for everyone—not just the wealthy or elderly!
Then switch gears with us as we jump into the nonsense section of the podcast featuring Sam and Sara where we laugh about the wild misconceptions we had about life as kids.
Tune in for some crucial insights in this week's episode!
Join us every Wednesday for new episodes!
Where you can find Burch Law:
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- YT @LorieBurchLaw
- hello@burch-law.com
- (972) 385-0558
Visit burch-law.com/podcast to reach out!
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Transcript
Introduction and Overview of Estate Planning
00:00:03
Speaker
Welcome to another episode of One of Us Knows What They're Talking About. Another one is you. I'm Lori Burch, your host. Join us as we discuss and unpack wills, trust, estate planning, and probate law in a way that's actually informative, interesting, and well, hopefully
The Importance of a Will in Texas
00:00:22
Speaker
entertaining. Because if you don't have a will, the state of Texas has one for you. Let's dive in.
00:00:39
Speaker
Welcome to another episode of one of us knows what they're talking about. And the other one is you. Today, we are going to dive into a fun topic that I'm sure we will ah dip into time and time again.
Common Estate Planning Misconceptions
00:00:55
Speaker
And it kind of is an umbrella topic, but it's a lot of common misperceptions and or biggest mistakes that we see when it comes to wills trust living wills powers of attorney and probate in texas because well, it's the whole title of the podcast now, isn't it that there are things that People think they understand or know or assume And we all know what assuming does But they're they're wrong they're dead wrong. They're gravely mistaken
00:01:32
Speaker
three months
00:01:34
Speaker
oh Anyway, so you're Sam, Sarah, Cynthia, are you ready to dive in? We're so ready. Yeah, let's go. So one that I know that you all hear me rant about a lot, and I think it's because it's a really big shocker for people. One, it doesn't work this way in a lot of other states, but here in the great state of Texas, it does. And that is that a home your house that you own with your spouse ah does not automatically go to your surviving spouse if you die. What a lot of people Yeah, I know what the what. I think it'd be the same time you see something just incredulous. That's gonna be the reaction.
00:02:28
Speaker
There so my sister got Adley a subscription. This is my five year old for those who don't know these three know it very well and a subscription to highlights magazine and Which is just awesome because that was one of my favorite magazines growing up I do lament that there's no more goofus and gallant in there um They don't have that but they do always have a feature of a very busy looking ah scene, and then it'll say, what what do you see that's silly
Personal Anecdotes and Property Law Differences
00:03:00
Speaker
here? So it could be like a dog brushing its teeth, right? So anyway, for some reason, Adley has started this thing, and we're going to have to record her, that when we're looking at that together and she sees something that's silly or out of place, she goes, huh? Huh?
00:03:21
Speaker
and And I have no idea where she got that from, but I think we need to get that recorded. So every time, like, I i or any of us say one of those things, we got Adley going, huh? Did you say you don't know where she got that from? Do I say that? Yes. Did I just recently start saying it though? No. Because sometimes I don't ah don't know the chicken and the egg where... That one is definitely how you did it first.
00:03:53
Speaker
Yeah. Anyway, so yes. So look, this is this is one of the big ones. If I had to do like a top five or even a top three. Oh, wait, I have um common misperceptions is that a home does not automatically go to your spouse if you die, even if you bought it together, even if both names are on the title. If you want to nerd out for a second, which I'm with you, I'm there, this is what's called joint tenancy or joint tenancy with rights with rights of survivorship. Texas doesn't have that. We have what's called tenants in common. So the joint tenancy and property law has this automatic right of survivorship that if you've got, let's say, two people who own a property together, that it automatically goes to the other.
00:04:38
Speaker
And one thing that I always try to emphasize when it comes to this type of law is that like basically nothing's automatic. There's a few words that make my soul die a little inside every time somebody says it. And automatic is one of them. Do you know what the other ones are? Sure. Oh, that's true. I mean, more that that's just in general. That's just in life. OK. I don't like the response. Sure. unless it has an exclamation point. To me, that negates the apathy of sure. Sure. But yeah, that's that's true. When it comes to things that we'll hear clients or potential clients say, do you know what the other ah trigger words for me are? I did it on the line.
Risks of DIY Estate Planning
00:05:27
Speaker
yeah Wait, wait, I heard, I don't know which one of eat you, you two are we're actually beginning to sound alike. We both said DIY essentially. yeah yeah yeah so So it's forms, form. Okay, that's another one. And then finally, very similar to that boilerplate. Oh. Ah, hmm, hmm. Cynthia, you look like you're brewing on a thought here. Oh no, it's just that was, you said words, but also phrases of, oh, I asked a friend and I can do it without an attorney. I asked my attorney who doesn't specialize in estate planning. No, my the ones where they ask their friends are my favorite. It's like, oh. This needs to be a whole nother, wait a minute, this needs to be an episode in and of itself. Things that people say that make our souls die.
00:06:23
Speaker
That's not bad. Stay tuned for a future episode where we dive more into things that people say that make our souls die. So yes, so back back to the matter. And because this is a really big deal and it it's where a lot of mistakes happen. A lot of mistakes. And it doesn't make sense as Adley would say, huh? So if you buy a home together, even if both names are on the title now understand that I'm emphasizing the word automatic. Does that mean that the law wouldn't then dictate that it would go to the surviving spouse? I'm not saying that. However, hold on to your seats because I'm about to
00:07:01
Speaker
broker ball there. It's not to say that it wouldn't ultimately go to the spouse, but the point being is there's going to have to be a process, a legal process, whether it's through probate court or documents, but all of that with that, the takeaway here is it's time and money that's unnecessary. um and just causes delays particularly at times someone's grieving or What it typically happens is especially if it's let's say an older couple Look, nobody's going to kick you out of your house. If you're paying the taxes or paying the mortgage Now, if you go to sell it, if you go to refinance it, or what we see happen far too often, you stay in the house and then you pass away, then your next people, usually this is like adult children, are the ones that are going to figure out, not only do they need to settle things for you, but they have to backtrack and take care of things for your spouse that you didn't do anything for. Because look, when you put beneficiaries on life insurance, retirement, when you go to the bank,
00:07:59
Speaker
And you set up a joint account now little caveat there if you're setting up those accounts in states that have joint tendency typically that does That does create a scenario where it's a right of survivorship But in texas you may not even realize when you're opening a joint account with somebody that you're signing off On making it with rights of survivorship. You may notice that you see this uh ah JAWROS or joy J-T-W-R-O-S or anything on big statements, you probably just gloss over and don't even realize what all that means. But it means this right of survivorship. Now, caveat to that, there are lots of different ways that you can actually have people's names on a ah bank account, but that's just kind of a common thing. But what happens is that when one spouse passes away, it may be that the majority of your assets do end up transferring without some legal mechanism. Whether it's through a beneficiary designation or a bank account that automatically did something right because it I use the word automatic in this case because it had a rider survivorship on it And then you don't realize the house title is an issue. So this is a really really big deal. So related to that common misperception number two is
00:09:21
Speaker
Not only does it not automatically go to a spouse, but it may not go to your spouse at all. What's the scenario where that would happen? Anyone? Anyone? Bueller? It's from a prior marriage. It's outside of the marriage. It's outside of the marriage. oh Right. So in Texas, if you have children, that aren't legally with the person you're currently married to. And I say it in that very loyal or lawyerly way, because like Cynthia just said, and I usually slip into that with if there are children from a previous marriage, but hey, ah it doesn't always work that way. But if you have children that you've had with somebody else, no matter what sort of formal or informal relationship you had with that person, or whether you're you're even aware that you had those children,
00:10:14
Speaker
um Then the law actually dictates that they would inherit your half your community property half because we are a community property state in Texas um They would inherit your community property half. So this is a scenario where let's say we've got a married couple that both own a house and both names are on it, Community Property State Texas, um spouse one has children from a previous relationship, spouse one dies, no will, then actually their half of the house would go to those children and not to the surviving spouse. And I can tell you people who are in blended families who have stepchildren
00:11:04
Speaker
have a lot of terror that comes over their face when they hear that, but is the absolute truth, absolute truth. absolutely Right? Do we deal with those situations? Yeah. Yeah. Yeah. Yeah. So we're going to say something. and oh Oh, no. Yeah. Yeah, that's all we got.
Understanding Probate and Executor Roles
00:11:28
Speaker
Okay. Cynthia, something substantive. I feel it. Yes. and Another really fun thing is a lot of the times whenever time comes and somebody does pass away, a lot of times people think, Oh, I can just start doing things right away. It's an automatic process. They're, they've passed away. Let's go. It's like, well,
00:11:50
Speaker
There are some things you have to wait for, like death certificate, you have to, there's a couple of requirements that you have to meet before you can continue and going. And what's a death certificate, Sarah? It's where they've certified that you're dead, right? Correct. And how? And how? Ooh, okay. And the man who became this place. And by whom?
00:12:18
Speaker
Oh yeah. Remember, I'm still coming off the week long CLEs, continuing legal education. at whom And if you have hastened the death of someone that you are a beneficiary of, you may have disinherited yourself or disqualified yourself. So all I have to say to that is make it look like an accident. Yeah.
00:12:46
Speaker
There's plenty of date lines out there to show you a path forward. Maybe it'd be better to do like an unsolved mystery because usually date lines have a resolution to them. Yeah. Well, but see the unsolved mystery is you get all the surrounding factors, but you don't get the crucial bit on how they kept it unsolved. Which, I mean, is the point. But the other one, there's a pattern to follow. Somebody's going to be able to figure it out. I refuse to watch Unsolved Mysteries because I love me some Dateline. um I think that's probably the higher quality program. 2020 makes a good attempt, but it's
00:13:24
Speaker
What I don't like about 2020 is they often will have basically journalists and reporters telling the story. So it's like third-hand accounts of everything where Dateline's a lot better at actually getting the people themselves to tell the story. So that's that's one of my little pet peeves. And some of them are just really over the top and dramatic. There's a few of them, I won't name names, so I like to keep it positive. um But no one can hold a candle to Keith Morrison.
00:13:59
Speaker
No, I'm not a single person. So Dateline it is. But anyway, yes. So um and kind of kind of following off of what Cynthia was just saying, that's another another big, big misperception that we see. And that is people do not realize. Hold on to your seats. Do not realize that even if you have a will, it still has to go through a probate process. Yes, it does.
00:14:34
Speaker
And it's faster, it's less expensive. You still get to make all your own decisions through your will, but it still has to be approved by a judge. And whomever you're choosing to be, the person who makes all the stuff happen in Texas called an executor. But sometimes you hear this referred to as a representative, a personal representative, sometimes an administrator. um If we kept one, consistent title for this, then it's harder to justify our fees. So we have to come up with multiple names for the exact same thing.
00:15:11
Speaker
but That's what reason we didn't come up with it the state camp. No, I I mean we collectively as a profession me personally I had I had nothing to do with this I am But but ah a mere legal whisperer if you will I am I'm the liaison between the powers that be and You making sure that you can navigate this process with it with as much ease as possible and peace of mind So anyway, but yes, so it does. And this is, I mean, one of the most common things we get in Sam feels this cause she's on the front lines at the office where people will call and say, yes, mom died. I've got a will. I'm the executor. Let's get started. And Sam knows, I mean, she's been trained to be delicate and sensitive and all of those things, but she knows in the back of her mind, honey, you don't have a will.
00:16:04
Speaker
You don't have a will until we look at it. We tell you and then a judge has to give you an opinion and you're not the executor until a judge says you're an executor and guess what? You may not be able to serve as the executor because there's lots of things that can disqualify you and It's remarkable and it's it's taken a while sometimes in our office to to train people who've never been in the legal profession or Have been in the legal profession but haven't done estate planning and probate That you can't take for granted. You can't take it for granted and when they say that they have a will because then
00:16:41
Speaker
what what are what That could be a whole podcast episode too. that that All the things that we find out when they say they have a will. Oh, but we can't find it. Oh, but I saw it. Oh, but they told me they had one. um Or here it is. And we had a situation earlier this week with an internet online will and you get to the witness pages and there's two places or two different witnesses to sign and who who wants to share what we saw.
Challenges with Online Wills
00:17:18
Speaker
I don't know that it's applicable.
00:17:21
Speaker
Good one.
00:17:25
Speaker
I'll share. So essentially you get to the pages where Sam very painstakingly sits and watches people sign their name, then watches a combination of the other two members witness. And then she, she takes her a little a little cute stamp that she got from the state. She stamps it what and um notarizes it. And then she signs it. So this will, it was will online, online will from um the website right now. But anyway, that's what it doesn't matter. Yeah, that's sponsored. So the testator does, one who makes their an un trust will like a testamentary, whatever, they go ahead and they sign their name where it says them. Okay, great. Then they go down to the witness lines. They just decided to put in slash a and initial it. but So it's not applicable to them. They do that for the second one.
00:18:22
Speaker
And we're like, oh, okay. Then they go to the last page, which is very important. Also self-driving affidavits. We don't charge extra for those. Those are part of it. You see, they sign. What if they pay for it?
00:18:39
Speaker
Not applicable for one, not applicable for the other initials, and then they go to the notary part. Sam, would you say that you are in the room for funsies? No. Or do you actually serve a purpose for notary? Yeah, I kind of serve a purpose, yeah. Kind of? Okay, great. yeah So they just put an A. That's crazy. Well, my favorite part is first it was typed in, but then they're like, no, let's make this a fish. Let's go ahead and print it. And let's actually take pen to pen. Right. Maybe they went back to instructions that say it has to be handwritten.
00:19:11
Speaker
extra comments say There's like instructions at the very top that say to do it in front of a notary into witnesses, but they have instructions for it. and a na Now that triggered me a little bit when I saw this at sort of the instructions I was like And the instructions are I mean are pretty clear and ah correct me if I'm wrong Sam when we look at the instructions that this online one of one of the big ones that you see advertised that when they sent the instructions for of it oh No, having it to be signed. Hello
00:19:50
Speaker
well mine just said lost connections okay we're on so I was gonna say can you all hear me and no I think she's gone so Sam hey whenever we've gotten instructions in the past yeah oh wait is she bow and back back where did I leave off um it's one of the big ones so whenever we see instruction Sam and then I don't know where you're growth up yeah so when So whenever we see instructions, Sam, that say, and this was one of the the big companies that advertise their easy and cheap online forms,
00:20:27
Speaker
to to correct me if I'm wrong, where it says to have two witnesses sign in a notary. Does it say optional? No, not not at all, no. Does it say you can just opt out of that? No. know obviously we We don't live in a world that is chaotic. We live in a world in a society of rules and everybody follows those rules, right? Sounds fake. Wait, what was that? Sounds fake. Sounds fake. Listen, you're in the same room and I didn't get it. That's valid. ah Alternative facts. Yes. it's in rate of
00:21:08
Speaker
i I've harped on this and i I even had somebody, it was really she on behalf of her husband. She's like, can you explain to my husband, like just presume we know how to get it signed. What are the other reasons DIY is bad? And I'm like, I can give you a hundred reasons, but why is he presuming that it's going to be so easy for him to figure out how to sign? And I know when we explain it, it sounds really silly, but I can tell you, we can tell you, that when we look at these either online forms, AI, DIY stuff, or even the even these reduced legal programs, or even through ah HR companies where they provide and it's real law firms that do this stuff, but they send it off to you for you to get it signed.
00:21:59
Speaker
At least 70 and i'm being generous with this number at least 70 the time it's not signed correctly Easy easy and The the biggest problem with that is it's not valid like there's no there's My my grandpa used to say close only counts in horseshoes and hand grains And so it does not count in probate. And so either it's a validly signed will or it doesn't exist. Cause I've had instances where people will say, well, can we at least show it to the judge to show intent or this or that? It's like, no.
00:22:39
Speaker
No, it can't be used at all. So we're back at square one, which I think is another good segue. I was gonna bring this one up, but I think Sam and Sarah, whoever wants to bring it up, what and hopefully you're good at your picking up on my very softball pitch to you. But but softball is not easy, so I really don't know why people use that explanation. Have you seen some of these like pitches that they do? It's actually really not that easy. Anyway, but hopefully you're you're gonna pick up what i'm dropping and that is what is another common common Misperception that we encounter once cintia recovered they've picked up what you were dropping so yeah song That um, that is't is that is a color that is not a uh legal misperception That is a birch law misperception that they are picking up what I have dropped
00:23:35
Speaker
Let's see. I can't tell if Sarah's gonna say it. Like it looks like she is. I'm afraid I can tell if she's gonna say it. Yeah, i I'm afraid I didn't pick up what you're dropping. But if it is, ah it's that you can you can do estate planning on your own. Okay, so that you're saying that that is a common misperception. No, right? Yeah, right. that they can do it on their own. Your lighting just really changed. since Yeah, I mean, I'm not sure. No, it's good. She's glowing. I ghostly.
00:24:19
Speaker
Okay. So yes. So We already talked about signing and we talk a lot about the DIY stuff. So it'll, you know, tune into a previous or I'm sure future podcast on more deep diving into why doing the estate planning on your own DIY, what have you is a problem. But just Sarah, I want you to do this because you're the one person in the firm that has, has no, no work. and no um job duties that have to do with actually substantive legal work. You are the marketing coordinator, coordinating marketing. So if signing incorrectly is one of the big problems we have with DIY, what would you say, Sarah, is another problem that we commonly see when people try to DIY? I would say it's from what I've heard.
00:25:15
Speaker
It's people like using wrong or incorrect slash vague language and it just doesn't make sense. Yeah, that is directly from a blog that you have been responsible for getting on the website and reviewing on the website. She reads things. Yeah, she reads. So would you say and I know we've brought this one up before and I know that every single one of our listeners Listens and relistens and relistens to every episode from beginning to end So i'm sorry that you're going to hear it again But if we're amused by it When we bring it up at least once or twice every single week I would think you hearing this for like a third time is still amusing and that is the classic
00:26:05
Speaker
I give 100 shares in the following manner. Zero shares to so-and-so. Zero shares to so-and-so. Zero shares to so-and-so. If none of them survive me, then I give 100 shares to... um get You get the idea. I mean, we can do the direct quote. That's not the exact language, but it's still just fascinating because no idea what to do
Importance of Clarity in Wills
00:26:33
Speaker
with that. So you've basically not distributed anything, any of your estate. Like we have no idea where, where does the piano go? Where does the bank account go? Where, who gets your house? No idea. You've recognized that at least there's a hundred, right? Um,
00:26:52
Speaker
But it goes to no one. And then of those no ones, if they don't survive, the but what does it matter if they survive or not? So if if the people that get zero based on this will do survive, then who do we know to give anything to when the only people that get mentioned getting anything is kind of contingent on those people getting nothing survive not surviving okay i have a good question what happens for that camera let's say if somebody decides to get a sticky note and put it underneath the key cover and it has like their initials on it does that does that work
00:27:33
Speaker
Well, yes and no, it could work um because when it comes to personal items that don't have legal title, so like a bank account, um a car, a home, those all have legal titles. You can't just start pretending that one's yours. But things like that, ah you know, it's easier to distribute in that way. But the point, so the point is, though, that short or absent of having a legal document that puts somebody in charge, because people sometimes think, you know, the estate planning will trust whatever is just about how you want things distributed. But the second big piece of that is who's in charge of doing that.
00:28:18
Speaker
So in a scenario where you basically have to have someone who is in charge of the estate, you have to have some determination on how things are distributed. And then they're the ones that have to sort out, okay, does the piano go to this person or not? Because what we write into all of our wills and trust is the ability to leave behind a memorandum. air or CYA organizer, as we call it now. But anyway, to be able to leave behind a list of how personal items can go to people. It's not legally binding, but it is a guide to the executor that this is what your wishes would be. So that's why having a person who is appointed to carry out those wishes is important. But technically, if it came down to fighting about it,
00:29:10
Speaker
then that would not be a legal way to distribute the piano. It would have to be in what's called a specific bequest, and it would have to be documented in a legal instrument. It's a Let's say for funsies. So there's the piano, I've gone, I've written my initials on a sticky note, stuck it underneath. So whoever's the owner, they pass away. I know they're passed away. So it's mine now. So like, I can just go get it. I can assume that or I can just go into the house. I don't want to talk about the gun because that's actually a very complicated area of law. And it that can be that could take and yes, that could take an hour and a half to talk properly. You said a piano and a gun.
00:30:01
Speaker
No, I said, Oh, I didn't say go. I said, I stuck, you know, thing. They're dead. I just go pick up the piano. I assume it's mine now and I take it. Okay, Sarah and I are gonna have to go back to the tape because I could have sworn that I heard. Yeah, I don't know where you all heard. Yeah. sam sitting with me Yeah. Oh my gosh. Anyway, no so good i'm glad I'm glad you're not bringing that up. No. Also, um that's silly mores I know. Yeah, as someone who has a piano, nobody walks in and carries it out. In fact, we try to get rid of the piano, but the people who came and got it couldn't get it out of the house. So the piano. Trust me, my spouse has a piano that they really want to move to Dallas. And I'm like, I don't know how. Yeah. So um I have to say, I don't really understand your question.
00:30:52
Speaker
What was it like? What happened? They're dead. And I'm like, OK, great. That piano is now mine. They haven't gone. No death certificate, no probate, no nothing. There's no no executor signed. Nothing. I just go and get it. Yeah, it's the answer I previously gave, um not necessarily. But um you know what they say? Possession is nine tenths of the law. um Yeah, I also say you can't unread the bell, right? But I mean, it it depends. It depends on a lot of things. ah You know, if there if there is a will that says the piano is going to go to you anyway, then it's you know, it's kind of gets into this thing like what are the damages? What are the problems? You know, so again, it's not it's not crystal clear. The point is is that
00:31:43
Speaker
oh When things are left to chance and when things are left up in the air um Or you have unsavory people that you've allowed to have access to your property. You're leaving everything um to to a risk and a good chance that they're either one your wishes won't be carried out or Two there's just gonna be a lot of confusion and fighting that come that come about from that. So yeah um So i I have so many other misperceptions or common mistakes that people make, but I wanted to see because we can always do a part two, three, four, 500 of this, because every day we get another one.
00:32:25
Speaker
So before I decide whether to share anymore to make you all wait on the edge of your seats for it. um I do think Sam and Sarah, did you have any other ones not like related to a estate planning and probate? Get the smiles on your face that you wanted to bring up.
Estate Planning for All Ages
00:32:44
Speaker
Um, I think it's worth noting that estate planning isn't only for wealthy people or if you have a lot of stuff, for example, I have a will and I don't have a lot of stuff or a lot of money. Um, so, ah um, it's always good to have, you have Kona Kona is invaluable. That is true. Not, not the, um, not the town. Right on the big island of Hawaii. It's a dog. Yeah, I don't I don't own the island. Well, cone is not an island. It's it's a a town area of the big island of Hawaii. Well. Anyway, either way, you don't have it. Yes, no. So then why do you I mean, if you're bringing that up, then why do you? Um.
00:33:40
Speaker
Great question. really um So partially it's because Cynthia pestered me ah for months on end to get it done. um But it worked and it was she meant well. um But also it's it's because like if something were to happen to me, um and I were incapacitated or whatever, like I want things to work out. So it's always like, it's not just about who gets what, it's like what happens if you can't speak and things like that. Or, you know, you can like write decisions. Yeah. So that's why I got it. Who has the power of attorney for you being able to articulate yourself?
00:34:28
Speaker
I don't know it because it's not we just say is like I've got this one what Sarah means to say she Sam has the brain cell right now we share it so yeah yeah ah but or strength sometimes I have it sometimes she hasn't. It worries me a lot. That's fair. Well, we actually have a blog out there, don't we, Sarah, that really addresses why would we why would you need a will, even if you have little to no money or assets. And a lot of it, and I kind of just mentioned this a few moments ago, was about having an estate representation. What does that mean? It can be anything from having someone ah easily who can file taxes or communicate with IRS. It can be communicating with Social Security and be handling debts of the estate.
00:35:16
Speaker
It could be being able to um recover unclaimed property or if there's a wrongful death claim, someone who has the ability to make a um to take action after you have died. So there's a lot of reasons why you would want that. it also could be if you are getting a sometimes there are refunds for like health insurance premiums or rent or something else and it gets or even a last paycheck it'll get paid to a person that ah to a person's name or to the estate and the only way you're going to be able to deposit that money is to have what's called an estate account and the only way you're going to be able to have an estate account
00:35:58
Speaker
is to go through a probate process. so If you have a will, that certainly makes it simpler and more straightforward to do that. For people who have children, I almost said the two-legged, four-legged thing, but we we got into that last time, I believe. For those who have children under 18 or technically if you have pets, you can designate who will take care of them. It has nothing to do with necessarily money or assets. probably could go on much further um with that. But those are reasons why someone with little to no assets would benefit greatly from having a will in place. So thanks for bringing that up, Sarah. It was great. Sam, did you have any, um and don't feel the pressure because we can move on, but do you have anything that you feel is like a common misperception that you wanted to share with the class?
00:36:50
Speaker
Yeah, that um getting your estate planning done isn't just for the older folk. Oh, do tell. Yeah, that like, I mean, like me and Sarah have gotten our, our wills and we're 28, or she's about to be 28. Oh, you only age drop her. Why should I said to be? I said, we're 28, but then I was like, well, she's younger. Well, she's about to come. So like we're, we're in our, in our twenties. And like she said, we, we both don't have a lot. in ah We both got it. um You know, we kind of aim, especially at like younger parents with kids. That's also really important to get your estate plan done. um So it's just not for the older and the wiser and the richer.
00:37:44
Speaker
I don't know what Wiser has anything to do with it, but I know isn't it like your own like the older you get the wiser you're supposed to be or whatever. Well, I mean, well, I have this thing where I was just never wiser. Well, you set her up. I did. Yeah. Thank you. Thank you. Thank you. All right. So as we come to a close here, I do want to give some time to Sam and Sarah for their special segment of the show.
Humorous Childhood Misconceptions
00:38:11
Speaker
um ah What was the what's the Monty Python thing and I know I nobody's gonna answer me on this but oh and now for something completely different we almost ah Money Python's flying circus. Yeah, so So are there other misperceptions that the two of you would like to share and go?
00:38:34
Speaker
There sure are. um fascinated by this for sure So when I was little, and I'm talking like little, I used to think everybody had different colored blood. So I thought like mine was red. But I thought other people had like blue or green or whatever. And it'd be kind of fun. Can I ask like where this came from? Like yeah what was there any moment like that was like no, everyone's blood is different.
00:39:06
Speaker
I don't know what made me think that like I just, oh you know, kids in their imagination. I don't know. um I just thought like, okay, this is a color. It's red for me. So it must be a different color for other people. It's not I, I know it's not in the podcast, not in the podcast, but at some point, and how long have you worked here, Sarah? Is it are we going on two years? Yeah, it's over two years. Yeah, over two years. Over over two years. We need to sit down and I really need to dig into your childhood. Yeah, the two people that I would argue spent more time with her outside of the office like
00:39:52
Speaker
relatively, but not like a whole lot more, me and Sam. There's so much that we're like, we just unlocked new Sarah lore. Oh my gosh. She'll just drop it out of nowhere. We're like, we've known you for how long and you just don't know. Yeah. It's like fascinating. That's why I was like, you know, there had to have been something in your life that like somebody may have like said something or like there was like a book or something that just kind of maybe, okay. My favorite maybe there was when you were just casually like, yeah, I'm doing a bike marathon. It's like 80 miles like in a couple weeks. And we were just like, ah low You don't like to play ping pong for too long because you get winded.
00:40:30
Speaker
Well, that's why it's a marathon, not a sprint. That's true. Slow and steady wins the race. That's that's right. That's got to be on one of your flip things that you've got, right, Sarah? I'm sure. Yeah. yeah Okay, Sam, what's ah what's a misperception you want to share? um This one is about me. A lot of people especially it was almost like the red hair phase while like five, 10 years ago, um I would constantly get people coming up to me like asking what dye I use, what hair stylist like all of that. They did not believe that my ginger hair was real.
00:41:10
Speaker
So they thought that you did that to yourself on purpose. Yeah. Yeah. There was like, I used to like get bullied about it and then it became a sad. And so now people love it. so gar Aren't your people dying out? Probably. What? I mean, we're pretty rare. but know I want to go to that rape convention that's in like Scotland once a year. There is a redhead convention. Yeah. What's not like a festival or something that's in like Scotland. Do you have to be like pure ginger like you or can you be like a strawberry born like Poppy? I think it's like for gingers. Okay. Of the ginger kind. I would say look it up. But I don't know. I mean, yeah, I've only ever just seen a whole range. You and Poppy can get on a plane and go together. Yeah, we can go have a little trip. It'd be fun. Hi. Yeah.
00:42:06
Speaker
She's not the easiest baby in the world. We'll have a lot of fun. um My favorite's when she says, open. Like she wants you to open her baby gate. And it's like, open. You make a very compelling argument, Poppy, but I can't unleash you. I like her trying to climb over it because she can get like one leg up for the most part. And then she just kind of just stands there. She just hangs it out. so It's great. She's this close to being able to get out of it, I think. Yeah, she seems like it. And she actually knows where it works. So I think she's probably gonna figure it out. It's a matter of time. Yeah, but we'll see. We're talking about my two year old in case our listeners, our fans aren't, I was gonna say our watchers, but then that's a movie that we all saw together and it's not the same. All right, let's keep going. I mean, I'm entertained.
00:43:03
Speaker
This is I'm the monarch and you are my gestures. and take
00:43:11
Speaker
Okay, so this this is for both Sam and I. ah We both thought when we were younger that the Bermuda Triangle and also quicksand would be a much bigger problem later in our life. And it is not
00:43:27
Speaker
No further questions. I'm going to help you with that one. It's whenever we were younger. Yes, I'm a little older than you guys, but not that much. All of our cartoons had so much quicksand, had so many things about getting lost in the Bermuda Triangle. had um just Or that another thing was that you could get across a river by hopping on um alligator backs or crocodile bats. Oh. Like stones? Yeah, no. that There's a lot of weird things that... you You know what this generation's quicksand is, right? No. or Or do you need to have young kids like I do to know? Yeah. What you said. It's lava.
00:44:11
Speaker
Oh, body too yeah that's a thing i cool. and for Yeah, there's there's a lot out there about lava and not stepping in the lava, even when you're eating enchiladas, extra spicy salsa. Oh, yeah. eat In the kitchen. But don't step on the lava. Yeah. Yeah. Has she gotten to the point where she's telling the difference between lava and magma?
00:44:39
Speaker
It's your five year old she would she I She would like that. Yes. um It wasn't magma, but there was something. This was a long time ago. So not even five. It was definitely four or maybe the cusp of three and four where she was talking to me about how volcanoes form. Yeah. yeah This is her dinosaurs. Instead of being obsessed with dinosaurs. It was actually, I think it was before we were going to go to Hawaii for the second time.
00:45:09
Speaker
ah Before we're gonna take her to Hawaii and she did not want to go because she was afraid of volcanoes and lava and Look, I'm not proud of this, but I'm like, oh, don't worry. There's there will be no lava there. There's no fate of zi black I Can't wait for that memory to come back Yeah, she she knows better, but now now she's fine with it. But there are no snakes in Hawaii, and that is a true fact. Yeah. Landmass formed out there. There's really not too many. people um he's was like Some didn't somehow get like transported over there. Yeah, that's always been a really big thing scientists talk about. like I didn't know that. out did cool How have they not just snuck on a boat and gotten there? Have any of you been to Hawaii?
00:46:02
Speaker
No, I knew the answer to that. um But you're aware. I've almost gone back. It's oh, OK. I almost won a million dollars. um I was born on an island, so I think she's yeah in the closest. They are they are very, very, very intense about what you bring onto the island. and Yeah. And Kauai is probably the hardest core one. um And what you take off the island like you basically have to sign in blood on the plane as you're landing um And declare things and then when and they search it and then when you leave um There's an app there. There are like three different security checks, maybe even four um but it's all for like agricultural so
00:46:52
Speaker
We I leave the stickers on my bags because it's kind of like, you know, the old old timey thing where they have the um countries on the chests like the stickers to kind of show like wherever you've traveled. So it's kind of like that. So you keep it on there. But it's it's it's an agricultural check ah sticker that you get on your luggage when you go um to and from Hawaii. So they're pretty they're pretty intense there for sure as they should be because they've done Great job. Yeah. So far. All right. Well, awesome. Well, um thank you all for tuning in to another exciting, insightful, one of us knows what they're talking about. And the other one is you join us next time.
00:47:38
Speaker
Thanks for listening. And just to cover all our bases about what you just heard, I'm sorry and you're welcome. Make sure you subscribe so you never miss an episode and tell your friends about us. We do webinars and live events. The best way to stay up to date is to follow us on Instagram, Facebook, TikTok, and YouTube. Links are in the show notes. If there's a topic you'd like us to cover, maybe you have a question you'd like us to answer, or maybe you just wanna say hi, hit the link in the show notes or go to birch-law.com forward slash podcast and fill out the contact form.
00:48:24
Speaker
much better. Yeah I thought that had a lot of energy.