Estate Planning Lessons from Fisk: Can You Really Control Your Property After You're Gone?

Estate Planning Lessons from Fisk: Can You Really Control Your Property After You're Gone?

By Melinda Gustafson Gervasi

December 12, 2025

If I were an Estate Planning and Probate Law Professor I would certainly use episodes of the Australian comedy Fisk to educate my students.  For example, Season Three, Episode Four, Entitled The Sandman is in the Building, finds Helen and her co-workers temporarily moved to a co-working space due to a bomb threat on their main office. While an Ethics professor would have fun mining the ethical challenges of an attorney working out a co-working space, my lesson would zero in on a conversation Helen has with a set of clients who appear to be sisters.

Glennys and Jean live together in a home Glennys owns; she had inherited it from her parents.  Jean voices her concerns to Helen saying “Glennys wants to change the will and leave the house to the church in order to curry favor with a church employee”.  Knowing that if Glennys dies first, and the house goes to the church, Jean will be homeless, she pleads with Helen.  To which Helen states to Glennys “Clearly your parents intended for you to leave the house to Jean.”  Never accept legal advice from your television, especially shows produced outside of the United States!

In the United States, typically, when a person leaves property to a beneficiary outright in their will or trust (for example, "I leave my home to my daughter, Glennys"), the beneficiary receives what is known as a fee simple absolute interest. This legal wording is the highest and most complete form of ownership recognized in the law.  The property is conveyed "free of any restrictions on alienation."  Alienation means the act of transferring, selling, or gifting the property.  In this scenario, Glennys owns the property completely. The property becomes part of her estate, not her parents'. She has the absolute right to sell it, mortgage it, or name anyone she wishes—Jean, the church, or a complete stranger—as the ultimate beneficiary in her own will.

The parents' "intent" that the property should eventually go to Jean is reduced to nothing more than a non-binding moral request once Glennys takes full legal title. The original owners' wishes do not legally "bind the hands" of the new owner.

If the goal is truly to ensure the property follows a specific path—to Glennys for her life, and then certainly to Jean—the parents should have used an estate planning mechanism that gives Jane less than fee simple absolute ownership.  For example:

• Using a Trust with Specific Distribution Terms:  The property is titled to a Trust. The Trust document outlines the precise, mandatory distribution schedule.  The wording might say "The Trustee shall allow my daughter, Glennys, to live in the home for the rest of her life. Upon Glennys’ death, the Trustee shall transfer the title of the property to Jean."  In this scenario, Glennys never receives the property outright; she only receives a right to use it. The Trustee is legally required to follow the parents' instructions and transfer the property to Jean.
• Creating a Life Estate with a Remainder Interest: The deed or will specifically divides the ownership into two parts.  For example, "I grant a Life Estate in my home to Glennys, with the Remainder Interest to Jean."  Here Glennys (the Life Tenant) has the right to live in the property until her death. Jean (the Remainder Holder) immediately owns a vested future interest. Glennys cannot sell the property free of Jean's interest, nor can she name the church as the ultimate beneficiary. When Glennys dies, the property automatically belongs to Jean.

Don't rely on wishes, intentions, or moral obligations to control what happens to your property after your primary beneficiary inherits it.  If you want to ensure your property follows a very specific generational path or ends up with a specific person or charity after your primary beneficiary has died, you should use a legally binding structure like a Trust or a Life Estate. Otherwise, you're leaving your final wishes up to chance and the moral discretion of the person you love—who, like the character in Fisk, might just decide they have a different plan.

Reminder - a blog is not legal advice!  It is meant to spark thought and reflection.  Estate planning and probate laws vary from state to state.  It is critically important that you seek legal counsel from an attorney licensed in your home state for advice specific to your unique situation. If you found this post helpful, consider sharing it on your preferred social media platform.  Be well, and thanks for reading!

Red Flags in the Hospital Room: Why Waiting to Sign Your Will Is a Bad Idea

Red Flags in the Hospital Room: Why Waiting to Sign Your Will Is a Bad Idea

By Melinda Gustafson Gervasi

December 5, 2025

Lawyers, we are often the Grinch in a room.  Skeptical, a bit jaded because we’ve seen a lot.  Fisk Season Three, Episode 3 (I’m The Fisk) illustrates this trait, which I personally admit to having as well.  While we may be a killjoy, we are also sometimes correct.  And that benefits our clients. 

In “I’m the Fisk” we see the return of the character Malcolm. The former restaurant employee at a neighboring business, he is now a client.  His father recently died, and shortly before his death, he re-did his will.  Malcolm shares this information with Helen, oblivious to the red-flags screaming at Helen.  Six months prior to his death he met and fell in love with his carer (caregiver here in the US) and re-did his will to cut out his only child, leaving his entire estate to his new found love.

“Did they really? Gosh that’s good timing” Helen offers with a slight eye role. Following her instinct, Helen digs deeper into the issue.  While her approach may not meet US standards for attorney ethics, her focus on “testamentary capacity” is revealing.  Testamentary capacity is the legal and mental ability required for a person to execute a valid will. Essentially, it is the threshold of sound mind a testator (the person making the will) must possess at the time the will is signed. While the exact phrasing and burden of proof can vary slightly between jurisdictions (like between US states or countries), the generally accepted legal standard requires the testator to understand four key elements:

1. The nature and extent of their property. This means they must know, or be capable of knowing, what assets they own (e.g., house, bank accounts, investments).
2. The natural objects of their bounty. This refers to understanding who their closest family members and loved ones are, such as spouses, children, or other individuals who would naturally be expected to inherit from them. 
3. The purpose of the document they are signing. They must understand that the document is a will and that it will dispose of their property after their death. 
4. The manner in which the property is being distributed. They must be able to hold these three elements together long enough to form a rational plan for the distribution of their assets.

Spoiler alert, based on medications administered on the day the new will was signed, it seems highly unlikely the dad had capacity.  A hunch confirmed with a recorded Zoom call he made that day with Malcom. A lesson to take away from this episode is to do your best to avoid drafting a will while you are in the hospital.  Even if you know your intentions, medications may limit your capacity or give the appearance that you lack capacity.  If you’ve been meaning to update your will or draft one for the first time, put it on your to-do list and complete it while you are healthy and not facing limitations due to medical treatment.

Fisk, Season 3, Episode 3 "I'm The Fisk"

Thanks for reading!  A blog is not a lawyer; it is meant to foster thought and reflection.  Always seek counsel from an attorney licensed in your home state.  If you found this post helpful, consider posting it on your favorite social media platform.  Be well!

Estate Planning by Sitcom: Lessons from Fisk on Lawyer Ethics and Inheritance

Estate Planning by Sitcom: Lessons from Fisk on Lawyer Ethics and Inheritance

By Melinda Gustafson Gervasi

November 28, 2025

Season Three, Episode Two of Fisk jumps right into the depths of estate plan with Helen rapid-fire questioning a woman who has come in to change her will:

Helen: Did your husband die?

Client: No.

Helen: Is your husband dying?

Client: No.

Helen: Lost capacity?

Client: No.

Helen: Making bad choices?

Client: No

Helen: Are you planning to leave your husband?

Client: No

Helen: Is your husband planning to leave you?

Client: No.  You are obsessed with my husband!!!

Helen: No, I am trying to establish why you want to re-do your will.

Client: Stefan thought it would be a good idea!

Helen: Stefan is your husband?

Client: No. He’s my financial advisor.

Helen: Ohhhhhhhh

And there you have a perfect example of clients responding to the nudges and encouragement people in their inner circle offer when it comes to estate planning.  Unfortunately, in this episode the financial planner aims to send Helen any and all clients, regardless of whether they really need legal counsel.  And in exchange he wants any and all clients from Helen.

Here in my home state of Wisconsin attorneys must adhere to a code of ethics, one drafted and monitored by our State Supreme Court.  Under Chapter 20 (Rules of Professional Conduct) attorneys are prohibited from making non-legal referrals from which they will benefit financially. While the set-up of this episode generates good laughs, it is not an accurate portrayal of how I operated my legal practice.   There is no quid pro quo at my office. Use caution when professionals are giving you a hard sell to work with another professional; sometimes their own financial benefit eclipses what is in your best interest.

Episode 2 continues down a humorous path where Helen’s dad decides to update his will to include Viktor.  However, doing so causes Helen concern.  What if her dad dies, everything goes to Viktor and then Helen inherits nothing?  The Judge (aka Helen’s dad) has an elegant and simple legal fix - Viktor will adopt Helen.  While creative, this underscores the danger of taking any legal advice from a television show, let alone one from a different country.  Here in the US people have “testamentary freedom” – for the most part, they are not required to include certain people in a will.  That means a parent can choose to cut a child out of a will.  Blended relationships, with children from outside the relationship, quickly become complicated.  Estate planning laws vary from state to state in the US.  Always check in with an attorney for advice on how to best accomplish your goals of passing your estate at death. 

Fisk, Season 3, Episode 2 - Burning Up

Thanks for reading!  Remember that a blog is not legal advice; it is meant to spark thought and reflection.  Please seek legal advice from a licensed attorney in your home state for counsel on your specific situation.

Hypothetically Speaking: IOUs, Lawnmowers, and Professional Boundaries in Fisk, Season 3

Hypothetically Speaking: IOUs, Lawnmowers, and Professional Boundaries in Fisk, Season 3

By Melinda Gustafson Gervasi

November 21, 2025

Six Fridays remain in 2025!  We’ll close out the year here on Navigator with a weekly post about the lessons learned from the Australian comedy Fisk.  Entering its third season, the show puts a hysterical spin on the issues related to practicing estate planning and probate law.  While the show is set in Melbourne, Australia – with its own set of laws – it provides great fodder for exploring the law that affects us all.

In Season 3 Helen is finally a partner in the small law office of Gruber & Fisk.  Partnership may allow her to install a barista-grade coffee machine in the breakroom, but it also means she needs to start bringing in clients.  Fans of the show know that Helen’s communication style may make this new job function quite challenging.  She is blunt, quirky and prone to interrogation.  

Quickly Helen learns that clients often pop out of no where.  Arriving home one evening her neighbor asks if he can give her a hypothetical.  She quickly points out that she cannot give specific legal advice to someone who is not a client.  Unwillingly to pay for her advice, the neighbor does his best to pump Helen for information on whether he needs to pay IOUs made by his recently deceased father to a lawn service.   Taking a twist only allowed in fiction TV series (and movies), Helen finds herself helping the recipient of the IOUs – a highly energetic tween who loves mowing lawns.  This episode leaves the viewer with two important lessons:

One, a lawyer should not give specific advice to anyone unless that person has retained them to be their lawyer.  General advice is fine, but nothing specific.  

Two, in a probate one role of the Personal Representative (commonly called an Executor in our jurisdictions) is to evaluate claims against the estate and use funds of the estate to satisfy valid claims. 

Tune in next week for more lessons learned from Helen and the gang at Gruber and Fisk.  Note, a blog is not meant to be legal advice.  Rather it is meant to spark thought and reflection.  Always seek legal counsel from an attorney in our home state.  

Upset With the World? The Middle Class Philanthropist Has Your Answer on National Philanthropy Day

Upset With the World? The Middle Class Philanthropist Has Your Answer on National Philanthropy Day

By Melinda Gustafson Gervasi

November 14, 2025

November 15th marks National Philanthropy Day, a time when we celebrate the incredible generosity that fuels countless charitable missions across the globe. President Ronald Reagan officially proclaimed the first National Philanthropy Day on November 15, 1986, with the signing of Proclamation 5571. The proclamation followed a joint resolution passed by Congress and was intended to recognize the enormous achievements of the millions of Americans engaged in charitable giving and volunteerism. Reagan emphasized the literal meaning of philanthropy—"affection for mankind"—and celebrated the American tradition of voluntarism as one of the country's greatest strengths.

As our nation prepares to celebrate another National Philanthropy Day this weekend, it is impossible not to acknowledge a deep sense of frustration many of people feel about the current state of the world—whether it’s political gridlock, social unrest, or economic uncertainty. It’s easy to feel powerless and anxious when the issues feel too big and complex for any single person to influence. If you are discouraged by the constant stream of negative news, consider that proactive planning is a powerful antidote to anxiety.

In a world that often feels out of control, your estate plan is the one area where you have absolute authority. When you dedicate a portion of your estate—even a small percentage—to a cause you believe in, you are not just writing a future check. You are legally and definitively stating: "This is what I value. This is what I want to sustain." Transform your frustration into positive, future-oriented action. By integrating charitable giving into your Will or Trust, you ensure that even when you are gone, your life’s earnings continue to support the values you couldn’t fully fund in the present. You are building a permanent counter-narrative to the negative headlines.

I am aware that when most people hear the word "philanthropy," they picture the ultra-wealthy—the foundations, the big names on university buildings or urban concert venues. This perception is exactly what I sought to change back in 2013 when I self-published the small book, Middle Class Philanthropist: How Anyone Can Leave a Legacy.  The core premise of the book remains vital today: legacy giving is not a luxury; it is an accessible choice.

Philanthropy simply means "the desire to promote the welfare of others." From a legal perspective, achieving this through a legacy gift means including a charity in your estate plan. This could be:

• Decluttering your home during life and donating the unneeded items to a nonprofit's thrift store;
• Designating a nonprofit organization to receive gifts in lieu of flowers at a funeral or memorial service;
• Leaving a percentage of your retirement account or life insurance to your favorite nonprofit organization;
• Establishing a donor-advised fund (DAF) that is funded upon your death; or
• Writing into your will or trust a directive to give a certain percentage of your estate to a cause that you hold dear.

Every amount, no matter the size, represents a significant final vote of confidence in the causes you care about. This November 15th, do not let frustration define you. Let your legacy define the future. If you have already created a will or trust, use this National Philanthropy Day as a prompt to pull out those documents. Does your current plan still reflect your values and, specifically, include the causes you want to champion?  If you have not yet created an estate plan, consider the immense satisfaction and peace of mind that comes from knowing you have formalized your final wishes.

Decluttering outdated school supplies - a great donation
to the Dane County Humane Society Thrift Store

Thank you for reading.  If you enjoyed this post, consider sharing it on your favorite social media platform.  Keep in mind that a blog is not legal advice; it is meant to spark thought and reflection.  Reach out the an attorney in your home state for counsel specific to your organization.  Be well!

Stop the Fights Before They Start: Planning for 7 Sentimental Thanksgiving Heirlooms

Stop the Fights Before They Start: Planning for 7 Sentimental Thanksgiving Heirlooms

By Melinda Gustafson Gervasi

November 7, 2025

November winds will blow in cold weather this weekend; flurries are possible here in Madison on Sunday. As the temperatures drop, my attention at home has turned to mapping out plans for our family’s Thanksgiving holiday. The big day will be here in a blink of an eye.  For those of us who put thought, care and planning into this annual meal, I encourage you to build in some extra time to think about the bigger Thanksgiving picture.

While large financial assets are covered in a will or trust, small tangible personal property—like holiday heirlooms—often goes unaddressed. These items, despite low monetary value, often cause the most intense family disputes.  Grief can surface in unpredictable ways, do your best to prevent family fights over your tangible possessions and make a plan for the long run.  Specifically consider the following items that may have special meaning for your loved ones at Thanksgiving (or other holidays and celebrations):

1. The Dinner Table (or the Leaf Set):  Perhaps it is marked and stained from the toddler years, the actual table you gather around may hold immense emotional value to your loved ones. 

2. The Traditional Linens (Tablecloth and Napkins): Perhaps they were gifted to you at your wedding, purchased while traveling abroad, or a fantastic find at a thrift shop, tablecloths, runners, napkins and other linens are often associated with special holidays and family traditions. 

3. The Special Serving Dishes and Plates: Many people may think about an antique gravy boat, the ceremonial turkey platter, or specific set of china used once a year.  Personally, my great-grandmother’s collection of unique salt and pepper shakers comes to mind.  These may be things you overlook, but through the eyes of a child they can serve as a connection to the older generations in a family tree.

4. The Handwritten Recipes and Cookbooks: Faded to the point I can hardly read it anymore, I treasure my mom’s recipe card for Cinnamon Moons.  While she passed away in 2014, this index card joins me every year during the holiday season.  Consider how fragile these handwritten recipes will become and consider updating them or putting them in digital format. 

5. The Cooking Utensils (Rolling Pin or Pie Dish): Perhaps it is the rolling pin that belonged to your grandmother or the mixing dish used by your grandfather or, like in my house, my mom’s collection of cookie cutters – these are all family heirlooms that may have little to no monetary value, but hold a large amount of sentimental value. 

6. The Traditional Holiday Apron: A simple piece of cloth, often stained but associated with the warmth and work of the cook/host, it can symbolize the passing of the torch.  Consider who in your circle of family and friends shares your love of cooking. 

7. The Sentimental Decorations (e.g., Centerpieces): Think beyond the generic Fall decor you may pull out this time of year, and consider if there is anything particularly unique.  In our house I would nominate my Fall Gnome collection.  Both kids know how I love a “good gnome” and they are a nod to my Scandinavian heritage. 

Many state statutes allow you to create a separate inventory form to dispose of your personal tangible property.  Rather than listing these items in your will, your will references this inventory form.  It is often a simple and flexible tool to direct precious items to your loved ones.  Don't let your Thanksgiving traditions become the source of conflict. Take control today and put together a plan to keep the love flowing during the holidays for decades to come. 

Prior to The Big Meal our family completes a Thanksgiving 5K -- it's tradition!

Thank you for reading.  Remember that a blog is not legal advice; it is meant to spark thought and reflection.  Please seek legal counsel from an attorney licensed in your state of residence for guidance specific to your situation. If you found this post helpful, consider sharing it on your favorite social media platform.  Be well, and enjoy the holidays!

Don't Let Intestacy Turn Your Home Into a House of Horrors

Don't Let Intestacy Turn Your Home Into a House of Horrors

By Melinda Gustafson Gervasi

October 31, 2025

October ends with chilly nights, colorful costumes, and plentiful jump scares. But what truly sends a shiver down this attorney's spine is not a cackling witch or shadows in the night—it is the loss of control that happens far too often in the lives of my clients and their families.

When the unexpected happens—a debilitating illness or a sudden death—chaos engulfs a family. Wishes and good intentions become irrelevant. Instead, state statutes spring into action, seizing a person’s ability to control who is in charge and where assets will go.

Estate planning boils down to control. If you do not draft your own estate plan, one likely exists for you, embedded in state statutes, written by your legislature. Chances are you will not agree with it entirely. The state’s statutory distribution plan often ignores your unmarried life partner, beloved stepchildren, or the charity you hold dear, as it exclusively favors blood relatives.

Learn from the chilling tale of Carl and Sharon, and understand how quickly a beloved home can turn into a House of Horrors.  Partnered for 30 years, Carl and Sharon spent a life together renovating a Victorian Gothic . Carl had purchased the home a few years before meeting Sharon, and over three decades they shared the financial burden of the renovations, creating countless happy memories along the way. Never married, and never becoming parents, the couple never formalized their relationship or the shared investment in the property. Neither of them completed a will or other legal document to direct the property to Sharon upon Carl’s death. While it was always on their to-do list, it never got crossed off.

Sadly, one rainy night in November, a drunk driver crossed the center line, slamming into Carl’s trusty Honda. Carl was pronounced dead at the scene of the accident. Sharon was blindsided by Carl’s sudden death, but she was also grieving while realizing she had no legal right to stay in the home they had shared for 30 years.

Under State Statutes, Carl’s surviving brother Robert, his closest living relative, became the sole legal heir to his estate. Robert and Carl were estranged since leaving their childhood home. Yet, under the law, Robert would inherit Carl’s house and other probate assets (assets with no co-owner or named beneficiary). Robert, in desperate need of the sudden windfall Carl’s death had provided, quickly took action to claim what the law stated was his. Sharon, who had invested 30 years of her life in that home, was left realizing she had no legal right to stay. The lack of an estate plan turned their beloved house into a house of horrors.

Halloween and jump scares are fun because we know they aren't real. Carl and Sharon’s story, however, illustrates a true horror—one that is entirely preventable.  Estate planning, including powers of attorney, a will, and proper beneficiary reviews, is the silver bullet against legal chaos. These documents allow you to control who inherits and who makes decisions on your behalf if you become incapacitated. When you fail to take action, your state statutes will speak for you, often creating profound hardship for the people you love most but are not legally bound to.

A classic from my childhood -- something Halloween that doesn't cause me a scare

Thank you for reading.  Remember, a blog is not legal advice.  It is meant to spark thought and reflection.  Please consult an attorney in your state for advice specific to your situation.  If you enjoy this post, consider sharing it on your favorite social media platform.  You can also enter your email, upper right, and receive notice when new posts go live.  Be well!