Middle-Class Philanthropy: Honoring Legacies, Building Futures

Middle-Class Philanthropy: Honoring Legacies, Building Futures 

By Melinda Gustafson Gervasi

January 16, 2026

Mid-January our nation pauses to reflect on the life and legacy of Dr. Martin Luther King Jr. At this time we are often reminded of his powerful question:  "Life’s most persistent and urgent question is, ‘What are you doing for others?'" It is a question that challenges us all to look beyond our own immediate circumstances and consider our impact on the wider community. His questions leads us to the concept of philanthropy.

For many, the word "philanthropy" conjures images of billionaires and grand foundations. We think of monumental donations and famous names. But what if I told you that true philanthropy is not just for the ultra-wealthy? What if every single one of us has the power to leave a meaningful legacy that uplifts communities and furthers causes we deeply believe in?  That is precisely the message of my book, Middle Class Philanthropist: How Anyone Can Leave a Legacy, written back in 2013. A decade later, its core principle remains more relevant than ever: you don't need a king's fortune to make a lasting difference.

The biggest hurdle for many aspiring philanthropists is the misconception that their contribution will not be significant. This couldn't be further from the truth. Non-profit organizations, schools, churches, and community groups rely on support at all levels. Often, it is the consistent, smaller contributions that form the bedrock of their operations, allowing them to pursue their missions day in and day out.

Imagine the collective power if every "middle-class" American decided to designate even a small percentage of their estate to a cause they care about. The impact would be monumental, fueling change and supporting vital services across the nation.

Your Legacy of Impact: It Starts with a Plan

Estate planning is more than dividing assets. It defines your values and extends your influence into the future. Making an estate plan ensures that the principles you live by continue to make a difference long after you're gone.

Becoming a "Middle Class Philanthropist" is easier than you might think.  Here are four ways you can leave a legacy:

• The Specific Bequest: This is the most straightforward method. You can designate a specific dollar amount or a particular asset (like shares of stock) to a charity in your will. For example, "I give and bequeath $5,000 to [Name of Local Food Bank]." This is a powerful way to provide direct support to an organization whose mission resonates with you.
• The Percentage Bequest: This method allows your charitable gift to grow (or shrink) proportionally with your estate. You can designate a percentage of your total estate, or a percentage of your "residuary estate" (what's left after specific gifts and debts are paid), to one or more charities. For example, "I give 5% of my residuary estate to [Name of Environmental Group]." This is an excellent way to ensure your charitable giving is always in line with your overall financial picture.
• Beneficiary Designations on Accounts: Did you know you can name a charity as a beneficiary on certain assets like retirement accounts (IRAs, 401ks) or life insurance policies? This is often a very tax-efficient way to give, as these assets can bypass probate entirely and go directly to the charity. It’s as simple as filling out a form with your plan administrator.
• Donate Personal Items to a Non-Profit Thrift Store:  Clutter, we all have it to a certain extent.  Most likely your loved ones want to inherit a few, meaningful items from your home.  Jewelry perhaps or holiday decorations.  The question then becomes, what to do with the rest.  My simple answer is to donate unwanted personal possessions to a thrift store associated with a non-profit you support.  In our home that entity is the Dane County Humane Society Thrift Store.  Proceeds from sales support animal rescue in our area, and it is a long standing favorite nonprofit of my family.  In the end, what isn’t meaningful to my heirs should be donated for re-sale. 

Selecting Your Legacy Partner: Where Will Your Impact Land?

The final, and perhaps most enjoyable, step is choosing the organization(s) that will carry forward your legacy. Think about:

• Causes close to your heart: Is it animal welfare, education, civil rights, arts, medical research, or supporting local families?
• Local vs. National: Do you want to impact your immediate community or contribute to a broader movement?
• Mission Alignment: Research their work. Do their values and actions align with yours?
• Transparency: Reputable charities are transparent about how they use donations. Check their annual reports or sites like Charity Navigator.

Dr. King's dream was one of equality, justice, and community. By taking proactive steps in your estate planning, you can contribute to that dream in your own unique way. You can ensure that your values live on, supporting the causes and communities you cherish. Do not let the myth of "big philanthropy" prevent you from leaving your mark. Every legacy, no matter the size, helps build a better future.

Image by M. Gustafson Gervasi, 2026

Note - 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 found this article helpful, consider donating to "buy me a coffee" in the upper right corner of the blog, or share this on your favorite social media platform.  Be well, and thanks for reading!

Charting a Course Past Procrastination: From "Homework" to Peace of Mind

Charting a Course Past Procrastination: From "Homework" to Peace of Mind

By Melinda Gustafson Gervasi

January 9, 2026

There are constants in life.  I am not sure who gets more inquiries this time of year, the gym on the lower level of my office building, or my estate planning office.  Many people resolve “this is they year I create (or update) my estate plan”.  All too often, however, after we sketch out the steps involved over the phone, I hear a familiar refrain: "Well, I guess I have some homework to do."

Lecture Hall - University of Wisconsin - Madison campus

There is usually a chuckle in their voice, but I hear the mental weight of the "To-Do" list settling in. I understand the feeling. Collecting account numbers, tracking down titles, and making life-altering decisions about guardians and executors feels like a daunting project. Sadly, for many, this "homework" becomes a roadblock. Days turn into months, and the plan—the very thing intended to provide security—remains unfinished on a corner of the desk. But estate planning isn't a final exam you have to ace alone; it’s a collaborative roadmap. If you’re feeling stalled by the homework, here are three strategies to help you turn the page and get your plan across the finish line.

The "10-Minute Inventory" Kickstart: Most people procrastinate because they think they need a box full of perfect documentation before they can take the next step. Don't wait for perfection. Spend just 10 minutes jotting down your "Big Three". First: What are the high-level list of what you own (you don't need exact balances today).  For example, your home, your retirement account, and your life insurance. Second: Who do you want to protect?  This may be your spouse, your child, your parents, your best friend from college who is the sister your never had, or your 3 cats.  And third: Who is the first person you’d trust to handle your affairs?  Aim for Switzerland in your choice - who is neutral, precise, and efficient. 

Prioritize Your "Living Documents":  Death is a difficult topic to face, and focusing solely on what happens when you’re gone is a common reason for "homework fatigue." Reframe the project by starting with your Power of Attorney and Healthcare Directives. These aren't about your passing; they are about your life. They ensure that if you are ever incapacitated or unable to speak for yourself, the people you trust are legally empowered to help you. When you view estate planning as "disability insurance for your autonomy," the homework feels much more urgent and personal.  If you are alive but too sick to make your health care decisions, who should speak for you?  Moreover, if you are living but unable to manage your finances, who do you trust with your checkbook?  You do not want a health crisis to spark a financial crisis.  Take control and appoint the people appropriate for these roles. 

Use a "Life Milestone" Deadline: Open-ended deadlines are the natural enemy of progress. If "someday" is the due date, the work will never get done. Tie your planning to a real-world event on your calendar. Whether it’s an upcoming vacation, a milestone birthday, or a child heading off to college, use that date as your firm deadline. There is a unique sense of relief that comes from boarding a plane or celebrating a birthday knowing that your "legal house" is fully in order.  Keep in mind that a quality plan can take several weeks or even months to finalize. Every year, my office receives calls from clients eager to sign a plan 10 days before flying off on an international adventure. At that point, there simply isn't enough time to create an adequate plan. Most often, those best intentions are pushed off to “when I get back” and, unfortunately, stay there.

The only "failing grade" in estate planning is a plan that never gets signed. If your homework is sitting on your nightstand or the corner of your desk, remember: you don't have to do it all at once. It’s a new year, the perfect time to circle back and complete this task. 

Thank you for reading.  Remember a blog is not a lawyer; this is meant to spark thought and reflection and is not legal advice.  Please seek counsel from an attorney licensed in your home state.  If you found this post helpful, consider posting it on your social media and or "buy me a coffee".  Be well, and thank you for reading. 

From Overwhelmed to Organized: A 2026 Monthly Action Plan for Your Estate Plan

From Overwhelmed to Organized: A 2026 Monthly Action Plan for Your Estate Plan

By Melinda Gustafson Gervasi

January 2, 2026

There is an old African proverb that reminds us: 'The only way to eat an elephant is one bite at a time.' For many of my clients, estate planning feels like that elephant—massive, immovable, and frankly, a bit overwhelming. But you don't have to protect your entire legacy in a single afternoon; you just need a steady appetite for progress. In this post, we’ve broken down the 'elephant' into twelve manageable monthly bites to help you complete your plan by the end of 2026.

Image by M. Gustafson Gervasi, 2026

January: The Discovery Phase

Start the year by gathering any existing estate documents and taking a "lay of the land." Identify what is currently in place and, more importantly, what is missing or outdated to set a clear baseline for the months ahead.

February: Choosing Your Advocates

Identify the people you trust to make decisions on your behalf, including your Power of Attorney for healthcare and finances. Reviewing your executors and trustees ensures that the individuals you’ve chosen are still willing and able to serve in those critical roles.

March: Spring Cleaning for Documents

Use the change of season to clear out physical clutter and organize your vital records. Discard outdated drafts and ensure your current legal documents are stored in a secure, accessible location known to your family.  Go farther and embrace Swedish Death Cleaning -- purge unwanted items, from photographs to furniture.  A cluttered home slows down selling a personal residence or cleaning out an apartment. 

April: The Tax Trail

Following tax season, document your latest filings and update your list of active financial professionals. Providing your heirs with a clear "who’s who" of your CPAs and advisors is an essential map for settling an estate.

May: Asset and Liability Inventory

Create a simple, high-level inventory of everything you own and everything you owe. This snapshot of your assets and liabilities is the most practical tool you can provide a future personal representative to prevent assets from going unclaimed and for an efficient closing of your estate.

June: Protecting Your Furry Family

June is National Pet Preparedness Month, making it the perfect time to include pets in your emergency and estate plans. Create a "Go Kit" with medical records and formalize a long-term care plan so your pets are never left behind in a crisis.

July: Guardianship for the Next Generation

If you have minor children or dependents, take this month to officially identify or reaffirm their legal guardians. This is the most vital step any parent can take to ensure their children are raised by the people they choose, rather than by a court's decision.

August: Beneficiary Review

Review the beneficiary designations on your retirement accounts and life insurance policies. These forms are legal contracts that often override your Will, so it is crucial that they reflect your current intentions and family structure.

September: A Letter to Your Executor

Write a personal "Letter of Instruction" to your executor or personal representative to supplement your legal documents. Use this to explain the "where and how" of your estate, providing them with the context and guidance they need to fulfill your wishes.  Current contact information for your professional advisors as well as those named in your will or trust make the process of handling final affairs more efficient.

October: Final Arrangements

In the spirit of the season, take the "mystery" out of your final send-off by documenting your burial or cremation preferences. Sharing these decisions now relieves your loved ones of the immense emotional and financial burden of guessing your wishes during a time of grief.

November: Defining Your Legacy

As the season of giving begins, consider if philanthropy has a role in your estate plan. Whether it is a small gift to a local non-profit or a formal charitable trust, November is the time to decide how you want to support the causes you value.

December: Digital Declutter

End the year with "Digital Declutter December" by organizing your online life, from subscriptions to photo libraries. Ensure your digital executor has a path to access your accounts, allowing you to start 2027 with a clean, secure, and fully organized legacy.

Making a plan now, at the dawn of 2026, you will be able to look back at the end of 2026 and realize that the 'elephant'—the task that felt so immovable back in January—is finally gone. Estate planning doesn't have to be overwhelming if you break it down into manageable steps. By taking these twelve steady steps throughout 2026, you’ve done more than just check off a list; you’ve built a lasting legacy of protection for the people you love most.

Remember that a blog is not legal advice; it is meant to spark thought and reflection. Always seek counsel from an attorney licensed in your home state.  If you found this post helpful, consider sharing it on your favorite social media platform. Be well, and thank you for reading!

See You Later, 2025: What Fisk Taught Us About Heart-Centered Law

See You Later, 2025: What Fisk Taught Us About Heart-Centered Law

By Melinda Gustafson Gervasi

December 26, 2025

As we prepare to say “See You Later Mate” to 2025, many of us are looking for a bit of "Gal Pal O’Clock" energy offered up in the Australian comedy Fisk.  The Season 3 finale wasn't just about the quirky chaos of Gruber & Associates; it was a masterclass in embracing growth and the (sometimes messy) evolution of our professional lives.  Without spoiling the heartwarming pivots Helen and her colleagues make, there is a specific thread in the episode that struck a chord with me. It’s a list of attributes one should look for in quality legal counsel. But as I reflected on them, I realized they aren't just for lawyers—they are the gold standard for any partnership we enter into, whether in business, health, or creative endeavors.

The Power of the "Good Listener"

In a world that prizes the "loudest voice in the room," Helen Tudor-Fisk reminds us that the most effective advocate is often the one who says the least at the start.  A professional who listens isn't just waiting for their turn to speak; they are gathering the nuances of your situation that a generic template would miss.  This is why I start my client meetings with the question “what is your goal, what do you want to accomplish with your estate plan”.  Knowing the goal allows me to select the right legal tools to build a bridge to that outcome, rather than just handing you a stack of papers

The Art of the Tailored Plan

While Helen wears the exact same suit day in and day out, working with a cookie-cutter approach for everyone is not ideal.  There is no one-size-fits-all in law, just as there isn't in life.  Quality counsel looks at your specific variables—your family dynamics, your fears, and your long-term goals—to build a roadmap that actually fits your life, rather than forcing your life to fit a legal box.

The Requirement of "Heart"

Perhaps the most "un-lawyerly" trait on the list is also the most vital: having a heart. We often mistake stoicism for professionalism. But as we saw this season, empathy doesn't make a person weak or less "sharp"—it makes them more invested. When your counsel cares about the outcome as a human being, the quality of the work reaches a different level entirely.  With my clients I commonly say “I’m not just a lawyer; I’m a parent. I know firsthand that preserving family harmony isn't just a 'nice to have'—it’s often the primary goal.” I encourage my clients to view their plan through the eyes of their children: Will this document help them heal, or will it add to their grief?

As we head into 2026, let’s look for partners who offer more than just a billable hour. Let's look for the folks we’d invite to Gal Pal O’Clock: the listeners, the tailors, and the empaths. 

Remember that a blog is not legal advice; it is meant to spark thought and reflection.  It is best to seek legal counsel from an attorney in your home state that is crafted for your specific situation.  If you enjoyed this post, consider sharing it on your favorite social media platform.  Be well, and thanks for reading!

Precision Over Poetry: Why "Legalese" Actually Protects Your Estate

Precision Over Poetry: Why "Legalese" Actually Protects Your Estate

By Melinda Gustafson Gervasi

December 19, 2025 

In Season 3, Episode 5 of Fisk, we see Helen powering through a marathon of client meetings while the rest of the office descends into its usual brand of chaos. But one specific client interaction perfectly captures a question I hear almost weekly in my own office: “Why does a Will have to have so much legalese?”

In this episode, Helen is presented with a Will written by a poet. Seeking to make his final testament a "work of art," he traded clarity for metaphor. Helen’s reaction—“Yeah, I’m sorry, what am I looking at here?”—is the exact face many executors make when they encounter a DIY or "creative" Will.

The Problem with "Art" in Legal Documents

As Helen wisely points out, “Art means different things to different people.” While that is the beauty of poetry, it is the downfall of an estate plan.

When a Will goes to probate, we aren't looking for emotional resonance; we are looking for certainty. The court needs to know exactly what the testator intended, without room for interpretation. Consider the difference:

The Artistic Approach: "I leave my treasures to those who shared my blood and my heart."

The Legal Approach: "I leave my residuary estate in equal shares to my children, [Name] and [Name], per stirpes."

If you leave it to "family," does that include your third cousin twice removed? Does it include an estranged sibling? In law, ambiguity equals litigation. By defining terms like "family," "issue," or "personal property," we aren't being pedantic—we are building a fence around your assets to keep them out of court.

Where to Be Creative: The Letter of Wishes

I agree wholeheartedly with Helen’s suggestion: if you have a poetic soul, save it for the Letter of Wishes.  A Letter of Wishes is a non-binding document that sits alongside your Will. This is the place where you can:

• Explain the why behind your decisions.
• Share your hopes for how your grandchildren use their inheritance.
• Express your final "artistic hurrah" in your own voice.

Because it isn't a formal legal instrument, it doesn't need to be written in "legalese." It allows you to be a human being, while your Will does the heavy lifting of being a legal shield.

Your Will should be many things—organized, comprehensive, and valid—but it should never be "open to interpretation." Let’s leave the metaphors to the poets and the precision to the practitioners.

Thank you for reading.  Remember that a blog is not legal advice, it is meant to spark thought and reflection.  It is always best to seek legal counsel from an attorney in your home state.  Be well!

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!