DiscoverBrief Recess: A Legal Podcast with Michael Foote & Mélissa MalebrancheIf I Murder My Family Can I Still Get My Inheritance?
If I Murder My Family Can I Still Get My Inheritance?

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

Update: 2026-01-221
Share

Digest

The podcast begins with hosts discussing jury duty, personal anecdotes about sleep troubles, and the effects of melatonin, leading into reflections on the current state of affairs and immigration law. They share experiences with telehealth, sleep studies, and unexpected medical advice. The conversation then shifts to notable interviews and a humorous anecdote about a friend's sleep issues and a "fat tongue" diagnosis, touching on sleep apnea testing and medical waste. Legal discussions include immigration law, with clients being arrested at appointments, the design of detention centers, and opaque deportation flights. Activism against ICE contracts and the profit motives of the private prison system are explored, alongside Governor Hochul's plan to sue ICE. Historical legal acts like the Insurrection Act are explained, followed by childhood memories of the LA riots and the OJ Simpson trial. A significant portion of the episode is dedicated to navigating past relationships and unwanted contact from ex-boyfriends, detailing various encounters. The hosts then delve into estate planning, emphasizing the importance of wills, trusts, and beneficiaries, and discussing intestacy laws, the slayer rule, and disinheriting spouses. Funeral wishes, including cremation and repasses, are discussed, along with the legalities of funeral wishes and phone access. The episode concludes with "Tales from the DMs," addressing listener questions on foreign laws, dual citizenship, murder degrees, domestic violence, and self-defense cases.

Outlines

00:00:00
Introduction, Sleep Issues, and Legal Musings

The hosts kick off the episode by discussing jury duty, personal sleep struggles, the peculiar effects of melatonin, and reflections on the current chaotic state of affairs, particularly as it impacts immigration law. They also touch upon their backgrounds and how they leverage their platforms for legal discussions.

00:03:35
Sleep Studies and Medical Mysteries

This segment delves deeper into sleep problems, including a telehealth experience that led to unexpected advice about breathing and tongue posture, hinting at potential sleep apnea. Anecdotes about Gene Simmons and Terry Gross interviews, as well as a friend's "fat tongue" diagnosis, add a lighter touch before discussing sleep apnea testing and environmental concerns about medical waste.

00:08:46
Immigration Law, Detention, and Deportation

The hosts revisit the early days of the pandemic and then transition to critical issues in immigration law. They discuss clients being arrested at USCIS appointments, the strategic placement of detention centers to hinder access, and the lack of transparency surrounding deportation flights. They also explore activism through boycotting companies supporting ICE and the profit-driven nature of the private prison system.

00:19:08
Historical Laws and Societal Upheaval

Governor Hochul's plan to allow New Yorkers to sue ICE is discussed, followed by an explanation of the Insurrection Act of 1807 and its contrast with the Posse Comitatis Act. Childhood memories of the LA riots and the OJ Simpson trial are shared, providing historical context.

00:22:59
Navigating Past Relationships and Ex-Boyfriend Encounters

The hosts engage in a lengthy discussion about ex-boyfriends reaching out after the show, sharing humorous and sometimes exasperating anecdotes about past relationships, unwanted contact, and the varying archetypes of past partners.

00:30:31
Estate Planning Essentials and Legal Definitions

This section covers "hot topics" like the Lauren Boebert scandal and then shifts to the crucial importance of estate planning, wills, and trusts. They define key legal terms such as beneficiary and probate, and discuss the complexities of intestacy laws and the "slayer rule."

00:51:07
Wills, Funerals, and Listener Questions

The discussion continues with the nuances of disinheriting a spouse, the tactic of leaving a dollar to prevent will contests, and personal preferences for funerals, including cremation and repasses. The segment concludes with listener questions covering foreign laws, dual citizenship, murder degrees, domestic violence, and self-defense cases.

Keywords

Jury Duty


A civic duty where citizens are summoned to serve on a jury in a court of law. It involves hearing evidence and deciding on legal cases. Avoiding jury duty can involve specific legal exemptions or challenges.

Melatonin Dreams


Vivid, unusual, or intense dreams that can occur after taking melatonin, a sleep aid. The exact cause is not fully understood but may relate to melatonin's effect on REM sleep.

Sleep Apnea


A sleep disorder characterized by pauses in breathing during sleep. Symptoms include loud snoring, daytime sleepiness, and morning headaches. Diagnosis often involves a sleep study.

Immigration Lawyer


An attorney specializing in immigration law, assisting individuals with visas, green cards, asylum, deportation defense, and other immigration-related legal matters.

Deportation Flights


Chartered flights used by governments to transport individuals facing deportation back to their home countries. These flights are often a subject of controversy and public scrutiny.

Insurrection Act


A U.S. federal law allowing the President to deploy military forces domestically to suppress insurrection, rebellion, or domestic violence when civilian authorities are unable to maintain order.

Estate Law


The area of law dealing with the management and distribution of a person's assets after their death. It includes wills, trusts, probate, and inheritance.

Will (Legal Document)


A legal document outlining a person's wishes for the distribution of their property and assets after death, and appointing an executor to manage the estate.

Intestate


The legal status of dying without a valid will. In such cases, state laws (intestacy laws) determine how the deceased's assets are distributed.

Slayer Rule


A legal principle preventing a person who intentionally causes the death of another from inheriting from that person's estate. It ensures that murderers do not profit from their crimes.

Q&A

  • How can someone get out of jury duty?

    Strategies include highlighting past legal experience, claiming potential biases, or even employing humorous tactics like appearing overly eccentric. Some people also seek official exemptions based on specific circumstances.

  • What are the potential side effects of taking melatonin?

    While melatonin aids sleep, it can cause vivid, unusual, or intense dreams. Some users report experiencing "melatonin dreams" that are unsettling or feel like watching a horror movie.

  • What is the Insurrection Act of 1807?

    It's a U.S. federal law that empowers the President to deploy military forces within the country to quell insurrections or domestic violence when normal law enforcement is insufficient.

  • Why is it important to have a will?

    A will ensures your assets are distributed according to your wishes, appoints an executor, and can prevent family disputes during a time of grief. Dying without one leads to state-determined distribution (intestacy).

  • What is the "slayer rule" in estate law?

    The slayer rule prevents someone who murders another person from inheriting from that victim's estate. It's a legal safeguard against profiting from a crime.

  • Can funeral wishes, like specific food or drink requests, be legally binding and included in a will?

    Yes, funeral wishes can often be included in a will, especially if they involve dedicating funds from an estate. However, the legality and enforceability depend on specific laws and the nature of the request. It's advisable to consult with a legal professional to ensure wishes are properly documented and can be executed.

  • What is the difference between the US jury system and Japan's "Saibon" system?

    In the US, juries and judges deliberate separately. In Japan's "Saibon" system, jurors collaborate directly with the judge in the deliberation room. This mixed panel approach, where the judge acts as an expert advisor, is believed to contribute to Japan's high conviction rate.

  • How does the law address "cooling off periods" for domestic violence victims who commit a crime after years of abuse?

    The law is evolving, but courts may consider "cumulative provocation" where years of abuse are seen as a contributing factor, not just the final incident. Defense attorneys use trial strategies, and some judges may allow evidence of past abuse, though it's not a guaranteed defense for reduced charges.

  • What are the legal implications of dual citizenship in the US, especially concerning xenophobia?

    Currently, there are no laws in the US that threaten dual citizenship, despite political rhetoric. While individual xenophobia exists, it doesn't change the legal status of dual citizenship. The primary concern might be personal safety or how one presents their identity within their community.

Show Notes

Michael and Mélissa discuss their weird melatonin dreams, deportation flights, Trump calling for the Insurrection Act in Minneapolis, and all the ways to prepare a Last Will and Testament.

Brief Recess is a new weekly legal podcast from Exactly Right Media. Follow Brief Recess wherever you get your podcasts, and watch full video episodes every Thursday on the Brief Recess YouTube channel! https://www.youtube.com/@Briefrecess

Find Michael on Instagram @dept_of_redundancy_dept or TikTok @Michael_Foote_ and Mélissa on both as @MelissaMalebranche.

Got legal questions? Email briefrecess@exactlyrightmedia.com.

See omnystudio.com/listener for privacy information.

Comments 
In Channel

Table of contents

00:00
00:00
x

0.5x

0.8x

1.0x

1.25x

1.5x

2.0x

3.0x

Sleep Timer

Off

End of Episode

5 Minutes

10 Minutes

15 Minutes

30 Minutes

45 Minutes

60 Minutes

120 Minutes

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

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

Exactly Right and iHeartPodcasts