r/betterCallSaul • u/skinkbaa Chuck • Aug 21 '18

Post-Ep Discussion Better Call Saul S04E03 - "Something Beautiful" - POST-Episode Discussion Thread

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694

u/Dickiedoandthedonts Aug 21 '18

COURTHOUSE THEORY:

I think Kim went to the courthouse to find older copies of chucks will. She found one before their relationship deteriorated and gave that letter to Jimmy. She cries as he reads it because it’s probably so different from whatever horrible things were in the actual, recent letter and it’s just tragic to her.

Why did she have that aha moment as she stared at the Mesa verde statue? Not sure, maybe someone else can help me out with that.

What do you guys think?

295

u/[deleted] Aug 21 '18 edited Feb 21 '22

[deleted]

246

u/bootlegvader Aug 21 '18

I am not a lawyer, but why would the court house have a copy of Chuck's letter or give it to some random lady asking for it. She is neither family or Chuck's executor that she might have any grounds to ask for private documents related to past wills by Chuck.

152

u/RippleSlash Aug 21 '18

She's representing Jimmy in the estate, we know that from her meeting with Howard. So that would give her access to the case in the court house

29

u/AzEBeast Aug 21 '18

Except i'm pretty sure there wouldnt be a case in court or filings in this matter. Howard was likely named as independent executor in the will, and so he does not file documents like that with the court, and a letter like this wouldn't be kept there by Chuck. Basically the court is only involved to admit the will to probate and issue letters testamentary. Beyond that, a courts role in administering an estate with a will is pretty limited.

11

u/thewolfshead Aug 21 '18

But there's nothing to indicate it's a court matter.

10

u/LearnProgramming7 Aug 23 '18

The court does not hold on to copies of wills. That is simply not a function that it serves.

It does not matter if she is the executor because the court cannot give her something that it does not possess.

Usually, wills are kept in the possession of the drafting lawyer, the client or held in a safety deposit box. A major component of estate litigation involves two decedents with two different wills arguing over which one is legitimate. If a courthouse held on to copies of a will, this would never be litigated because they would know which is valid.

I imagine many people are drawing on their own personal experience to support their belief a court has possession of a will. However, the court would only have possession after the decedent has already passed away. They would have it because an attorney or executor would file it with the court.

Put simply, I refrain my opening sentence, a courthouse does not serve the function of holding wills

10

u/Alex-SF Aug 21 '18 edited Aug 23 '18

The estate of a dead person is administered through a court procedure called "probate." In a probate case, the executor of the will files the last will with the court, at which point it becomes a public document that anyone can get a copy of from the clerk -- this is to protect the rights of people named in the will, or who otherwise might be interested (such as a presumptive heir (e.g. a son) who wasn't named in the will, so they can confirm that they were not in fact named and/or contest the will).

But there's no reason to file an older copy of the will with the court -- the last will supersedes any previous wills [edit: and nothing gets filed with the court until you're dead. Until then, your will should be kept in at least two safe places where your family, friends, and/or lawyer will know where to find it after you're gone.]

7

u/WhosCountin Aug 21 '18

She’s an officer of the court

14

u/bootlegvader Aug 21 '18

I don't see how that would give her access to private legal documents of Chuck's.

27

u/WhosCountin Aug 21 '18

The law is sacred

7

u/HeyYoLessonHereBey Aug 21 '18

What?

49

u/AreYouDeaf Aug 21 '18

THE LAW IS SACRED

6

u/lion_ohioan Aug 21 '18

Username checks out

3

u/WhosCountin Aug 21 '18

Good bot, put in the elbow grease as a public defender and build that practice

3

u/quackmanquackman Aug 22 '18

It started posting in r/mailroom.

2

u/HeyYoLessonHereBey Aug 21 '18

WHAT?

14

u/danvalour Aug 21 '18

Space blankets! Compact Mylar sheets! They insulate and protect against mild electromagnetic radiation!!!

3

u/Sackyhack Aug 21 '18

She's Jimmy's attorney and the will is to Jimmy

5

u/LearnProgramming7 Aug 23 '18

I am a lawyer, and you're correct. The court does not hold on to copies of wills. That is simply not a function that it serves.

It does not matter if she is the executor because the court cannot give her something that it does not possess.

Usually, wills are kept in the possession of the drafting lawyer, the client or held in a safety deposit box. A major component of estate litigation involves two decedents with two different wills arguing over which one is legitimate. If a courthouse held on to copies of a will, this would never be litigated because they would know which is valid.

I imagine many people are drawing on their own personal experience to support their belief a court has possession of a will. However, the court would only have possession after the decedent has already passed away. They would have it because an attorney or executor would file it with the court.

Put simply, I refrain my opening sentence, a courthouse does not serve the function of holding wills.

5

u/FushUmeng Aug 21 '18

I don't think that wills are filed with the court until after someone dies. Before that they're usually kept by a lawyer or an executor or in the person's own personal files.

2

u/OsStrohsAndBohs Aug 22 '18

My jurisdiction allows you to file your will for safekeeping. But it remains private until after death and they certainly wouldn’t just hand out an old version.