Barb McQuaid (4:52)

Oh, this is a really good question and I'm glad you asked it because I think there are a lot of people out there. I have some very good friends and family members who are in this boat and I always tell them this. So the law of your state will govern exactly what happens. So it's different in every state, but generally the gist is this. A probate judge will appoint a personal representative to be the executor of your estate. And that person will be assigned to distribute your assets according to state law. Usually it starts with next of kin and then they move outward to find distant relatives. You know, like you read these books, like some aunt you never knew you had died and left you a million dollars like that could actually happen. So if there is no one that they can find either a close relative or even a distant relative, then what happens is your assets is sheet to the state. That means the state just gets all your stuff. And at the time, at the same time, all of this is time consuming. And that personal representative that got appointed by the court, they get paid out of your estate. And so to make sure your assets go where you want them to, if you have no next of kinn, you know, send them to a nonprofit organization that you care about. But those assets are going to be, they're going to go somewhere and if you don't designate them, they're going to go to a personal representative and the rest to the state. So take control of your destiny, even in the afterlife. This episode is brought to you by IQ Bar, our exclusive snack, hydration and coffee sponsor. IQ Bar Protein Bars, IQ Mix Hydration mixes and IQ Joe Mushroom coffees are the delicious, low sugar, brain and body fuel you need to win your day. They have something for everyone, but we recommend the ultimate sampler pack. It's a great way to to try all of IQ Bars products and flavors, complete with nine IQ Bars, eight IQ Mix sticks and four IQ Joe sticks.

Joyce Vance (7:06)

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Barb McQuaid (7:33)

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Joyce Vance (8:32)

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Barb McQuaid (9:21)

I'm sorry Joyce, what is it I'm supposed to type?

Harry (9:23)

No, I'm just kidding.

Barb McQuaid (9:35)

Joyce, did I tell you that my Fast Growing trees from last spring, the lilac shrubs, are thriving and blossoming?

Joyce Vance (9:45)

That is so exciting. You know, I got a lilac tree last year too and I just noticed that it's blooming out. I've fertilized it. I can't wait to see what it does.

Barb McQuaid (9:54)

Yeah, you know Fast Growing Trees are the bomb. Fast Growing Trees is America's largest and most trusted online nursery with thousands of trees and plants and more than 2 million happy customers. They have all the plants your yard or home needs, including fruit trees, privacy trees, flowering trees, shrubs and houseplants, all grown with care and guaranteed to arrive healthy. It's like your local nursery, but anywhere you live and with 1600 plus varieties of trees and plants, that's more than you'll find anywhere else. Well, whatever you're looking for, Fast Growing Trees helps you find options that actually work for your climate, space and lifestyle, making it easy to get your dream yard. Just click order and get healthy, thriving plants delivered to your door. Ready to grow. We were so happy to learn about their 30 Day Alive and Thrive guarantee that promises your plants arrive happy, healthy and ready to enjoy. No green thumb required. Which is a relief to these are just quality plants you can count on.

Joyce Vance (10:59)

Plus they have ongoing support from trained world class plant experts that's available seven days a week by email, chat or phone so you can plan your landscape, choose the right plants and learn how you need to care for them every step of the way.

Barb McQuaid (11:14)

Whatever plants you're interested in, Fast Growing Trees has you covered. You can even grow lemon, avocado, olive or fig trees indoors, along with a wide variety of houseplants that are prepared with care and hand selected to thrive in your home. Order online and get your plants delivered to your door in just a few days. It's so much better than wandering around a store hoping you can pick a plant that will last and making a mess in your car. And now that it's spring, there's no better time to plant. It's a great way to invest in your home. And fast growing trees is ready to help you with the essentials.

Joyce Vance (11:50)

Just being out in your yard surrounded by plants, it's such a mental health boost. You know, I love to garden, but I never knew who I could trust for mail order plants. And with the alive and thrive guarantee, it just gives you peace of mind. So we're always adding a little something in our yard. And you know, we have chickens. Chickens like to eat a lot of plants, but one thing that they won't eat is rosemary. And so I've actually put in, I sort of did a little bit of rearranging of of beds over the winter and I'm planting new rosemary hedges. They're going to look great. And fast growing trees is a much more affordable way to bring your space to life than using an expensive landscaper. So right now they have great deals on spring planting essentials, up to half off on select plants. Listeners to our show get 20% off their first purchase when using the code Sisters at checkout. That's an additional 20% off. Better plants and better growing at fastgrowingtrees.com using the code sisters at checkout one last time. Fastgrowingtrees.com code sisters. Now it's the perfect time to plant. Let's grow together. Use sisters to save today. The offer is valid for a limited time. Terms and conditions may apply. The link is in our show notes. So go ahead and get yourself some fabulous new plants this year.

Barb McQuaid (13:26)

Joyce, here comes an audio question for you. This one comes from Lindsay.

Lindsay (13:30)

Dear sisters in law, I love your show. My name is Lindsay and I'm from just outside Portland, Oregon. I've been listening since day one and I appreciate all the knowledge that I've absorbed from you all. My question, how can Congress pass a law such as the Civil Rights act and scotus? Turn it over. I guess I don't understand how Congress can pass any law if SCOTUS is just overturning them. I would love to hear your feedback on this. Thank you so much.

Joyce Vance (13:59)

Well, hey Lindsay, I'm glad that you like the show and I've got an answer for you. You know, it might feel a little bit contradictory at First, I wrote about this a lot in my book Giving up is a Manual for Keeping a Democracy. So I enjoyed seeing the question. It comes down to how the constitutional system is designed for our country. And the short version answer is that Congress writes laws, but the courts decide whether those laws are constitutional. And that division, it's intentional, and it comes from the principle of checks and balances. Here's how it works in practice. Congress passes a law, and I think that it may be that the example that you had in mind was the Civil Rights act of 1964. So we'll use that. That law was passed to prohibit discrimination based on race, color, religion, sex, and national origin. Someone challenges the law in court, a person, a business, a state, they go in and they argue that the law exceeds Congress's powers or that it violates the Constitution. And then it's up to the courts to review the law through the process of judicial review that was established in a very early Supreme Court case called Marbury vs Madison. And that case, in our history and tradition, ever since established that courts, and ultimately the Supreme Court of the United States, have the authority to decide whether a law that Congress passes is constitutional or not. Barb, actually, the question that I have for you, it comes from Ryan in Green Bay, Wisconsin. And the question, this is very simple and elegant. He asks, how are small claims cases brought and how are they adjudicated?

Barb McQuaid (15:46)

Oh, this is a great question. I'm so glad you asked this, Ryan. This is designed to allow individuals to litigate disputes without breaking the bank. Because so often when you've got a small claim, you say, well, gosh, it's only a few thousand dollars. And so if I go, if I hire a lawyer, I'll spend more money than the amount in dispute without, you know, ever, ever getting anything back. And so what's, what's the, the value in doing it? I just won't do it. And so small claims court are set up. There are judges who preside over these small claims. There are no juries. It's just a judge who decides. And usually there's a limit, depending on the state, of the amount in controversy. So in Michigan, for example, the amount is $7,000. If you've got a dispute with, you know, somebody who did work on your home, for example, and the amount is under $7,000, then you would file your own small claim. In small claims court, you don't get a lawyer. The other side doesn't get a lawyer. It's all done very quickly. It's like the People's court, you show up and you say, here's what happened. I paid this guy to fix my roof and he didn't fix my roof. And I gave him $7,000 or something less, $6,000. If the other person, what often happens is they don't show up, a default judgment is entered against them and then you can use that to try to obtain assets from them. If they do show up, they give their side of the story and the judge makes a decision right there. So it's quick, it's easy, and it's for low value disputes so that you don't have to expend all your funds on a lawyer or a drawn out legal process. All right, Joyce got the last one from you. This one's from Susanna right here in Ann Arbor, Michigan. And Susanna asks, what's the difference between a trademark and a copyright?

Joyce Vance (17:38)

You know, this is a fun question. I have an answer for you, but only because as a young lawyer I actually worked on some intellectual property cases and I was nerdy enough to have this same question my early on. What it comes down to is trademarks prevent consumer confusion by distinguishing one brand's goods and services from other other brands and copyrights, they're meant to protect the owner's exclusive right to reproduce, distribute or display their own creative work. So to flesh that out a little bit, you'll see a trademark used to protect a brand identity like hashtag sisters in law, a name, a logo, a sleep slogan used in commerce. It distinguishes the source of the goods. Copyrights protect the actual original creative work. So barbs in my books are copyrighted music, art and software. And a trademark will last indefinitely so long as you use it and you renew it. But copyrights actually do expire, right? I mean we've all seen that. That's when music can be used publicly because the copyright is no longer effective. So it's a really important, important distinction that's being drawn here and I thank you for the question. I think these are fun little sort of twists and turns in the law that we should all be familiar with.

Barb McQuaid (19:02)

Thank you for listening to Sister sidebar with Joyce Vance and me, Barb McQuaid. Keep sending in more great questions for next week's show and if you send in a voice memo, we will try to play your question during our next episode. Follow Sisters sidebar and Sisters in Law wherever you listen and please give us a five star review. It really helps others find the show. Please show some love to this week's sponsors, IQ Bar and Fast Growing Trees. The links are in the show notes, Please support them because they make this podcast possible. Don't forget to pick up Sisters in Law Merch and other goodies@politicon.com and see you every week on Wednesdays and Saturdays for new episodes of Sisters in Law and Sisters. Sidebar See you next week, Sisters in Law. And sorry, are we going to do barb asking joyce or joyce asking barb here.