Navigator

From the Headlines: Famous Actors Die Without a Will By Melinda Gustafson Gervasi December 29, 2020 The year 2020 stoked our awareness of immortality.  The entire world became painfully aware that even the young, strong and healthy could fall victim to Coivd-19.  Yet, while there was a spike for estate planning services, 62 percent of Americans still do not have a will .  And it is not just the average American without these essential documents; the wealthy and famous are members of this group of procrastinators.   At age 43, Chadwick Boseman (most recently known for his role as The Black Panther ) died after a several year battle with cancer.  He died without an estate plan.  Then on November 27, 2020,  Tony Hsieh (age 46) died due to smoke inhalation.  He also died far too young, and without an estate plan. Intestate, when you die without a will, means that state legislation and a judge's oversight will dictate where your probate prop...

 A North Star in Estate Planning December 24, 2020 By Melinda Gustafson Gervasi Estate planning attorneys spend a lot of time listening to their clients, or at least they should.  I use a flat-fee system with my estate planning clients. Doing so gives them the freedom to talk without one eye on the clock, fearful of the almighty billable hour.  And talk they do.  Telling one story here, expressing a concern there, circling back to a fact they overlooked.  During our first meeting to talk I have a completed client questionnaire, but the conversation breathes much more life into the clients wishes than a few sheets of paper. Quite often a client will open up to me which allows me to see that the client has several priorities.  This can be problematic.  Priority, defined means one thing is more important than other things.  When you have multiple priorities in estate planning the path to final documents can be convoluted, overwhelming, and sometimes ...

 It's The House With The Creepy Santa -- Estate planning during a pandemic December 18, 2020 By Melinda Gustafson Gervasi Pivot.  It may be "the word" of 2020.  And pivot we did.  Being and estate planning and probate attorney during a global pandemic has been challenging, rewarding, and ever changing.  When I started my practice in 2005, I never imagined that in my 15th year of solo practice I would be holding client meetings outdoors at my home office with my spouse as the witness.  Yet, that has become a reality.  I pivoted away from a conference room, offers of fresh coffee, witnessing by my administrative staff, and closing with a Frango Mint to go.  Instead I now commonly say ".....go North on Whitney Way through the intersection of Whitney and Mineral Point Rd., then make a U-turn at Marathon.  Go about 10 houses South on Whitney.  Our house is the white ranch with a yellow front door and a creepy 1980s (possibly older) plastic Sa...

 Planning for the Unexpected By Melinda Gustafson Gervasi November 2020 Earlier this week I was reading my Google News Feed when an article caught my attention.  My heart broke reading every word of a story about a young mother who died due to complications from a pregnancy.  She left behind a large family with very young children who now relied solely on their father for support.  One sentence jumped out for me, causing my head to tilt to one side -- a habit I have when I come across a piece of information that seems "off".  The sentenced went something like this -- "because her death was unexpected there was no life insurance in place." I believe the true take-away from the story of this mother who died far too young is that we all need to plan for the unexpected.  That belief is the cornerstone of my estate planning practice.  Life happens, it twists, turns, and bucks like a rodeo horse.  Creating an estate plan (a will, powers of attorney, etc...

  Control: An Acrostic Poem By Melinda Gustafson Gervasi November 5, 2020 Not only are my children expanding their knowledge though the Madison Metropolitan School District's virtual learning this year, their daily recounts of classroom activities sparks many a memory for me.  Most recently the topic was poetry, specifically 5th graders studying Acrostic Poetry .  This writing style takes a word, such as November, and uses each letter to describe November.  My elementary school days ended in the early 1980s, however, my creative spirit survived my legal education.  Here is my attempt at an acrostic poem, for CONTROL, a concept at the heart of estate planning.  C reate documents that take effect O n your death N o uncertainties left T ake no chances R ecord your wishes O utlined on paper in a L egally binding manner Death and taxes are two certainties of our lives.  Why take chances when you can take control.  Estate planning may be a fancy soundin...

 "Trick of Treating" in Estate Planning - The Lesson of Francis Ogden October 30, 2020 By Melinda Gustafson Gervasi In a hushed whisper my 10 year old daughter called me over to the school desk she uses for remote learning.  "Hey mom, listen to this....it's about a guy who wrote fake wills".  Intrigued by the subject matter, one that squarely falls into my wheelhouse (unlike the advanced math both of kids are taking), I stepped out of work mode and into 5th grader curiosity. A round of applause is needed for the Madison Metropolitan School District for making the annual 5th Grade Field Trip to the historic Forest Hills Cemetery here in Madison a reality.  Due to Covid19, the field trip this year was virtual, and allowed me to join in on the lessons. I had never heard of Francis Ogden before.  He moved to Madison in the mid 1800s, and grew a financial empire in real estate and oil holdings in Texas.  Known as the richest man in town, he left Madison after a...

What I've Been Reading: Will My Cat East My Eyeballs? Big questions from tiny mortal about death Written by Caitlin Doughty What do you get when you combine kids' questions about death with a mortician --  Will My Cat East My Eyeballs? Big questions from tiny mortal about death .   This quick read consists of just over 30 questions posed my kids along with Doughty's answer.  Most of the Q&As run about 3 to 4 pages long, and are written in a cheeky manner. Questions range from the very macabre to pure silly: When I die, will my cat eat my eyeballs? Will I poop when I die? Can I use human bones from a cremation as jewelry? Personally I found the blunt answers to questions disturbing, especially the description of cremation.  Both of my parents are deceased and I made the arrangements for their cremation.  I'd say the process is similar to sausages, I appreciate the end product but would prefer to be spared the details.  If you enjoy movies or shows with f...

 The Teacher Within: Procrastination and Estate Planning By Melinda Gustafson Gervasi October 2020 September of this year ushered in a new chapter in my life, being the parent of a middle schooler.  Our oldest child launched his 6th grade year (virtually), bringing with it my own memories of educational growth.  Some things are different -- he is in "computers" class, in my youth it was just "typing".  Yet, some things remain the same.  The Covid 19 Pandemic has allowed me a window into his classrooms, specifically his teachers' advice.  With middle school comes longer term assignments, and hence the lecture on procrastination. A constant lecture on the educational path.  Defined as "delay or postpone action; put off doing something", he is learning that weekends pass quickly, Monday mornings loom, and he needs to make the time for his weekend music appreciation writing assignment.  Already he has felt the dread of a Sunday evening spent "working...

It was a Saturday.  The office web site went live.  My professional liability insurance policy kicked in.  I scheduled my first client meeting.  It was fifteen years ago, October 1, 2005, and my journey as a solo estate planning & probate attorney had begun.   Over the decade and a half to follow, my days were filled with interesting legal questions and fact patterns.  Laws evolved, statutes were modified, courts shifted to online filings only.  The well from which I drew stories to illustrate concepts of estate planning & probate deepened. For example, a Personal Representative has the ability to "demolish or erect structures" in the course of a probate.  I had a case once where this power was needed; decedent had built a garage over the lot line and it needed to be torn down before the property could sell.  I have a lot of stories I can pull from to educate current clients, and I mean a lot. None of this really surprised m...

The Teacher Within: Channeling Debbie Downer (SNL) June 2020 Melinda Gustafson Gervasi, Attorney & Author More often than not, in my legal counsel, I am the Debbie Downer in the meeting.  My role as teacher to my clients requires it at times. Debbie Downer was a character on the NBC show Saturday Night Live played by actress Rachel Dratch who debuted in 2004.  The name "Debbie Downer" has become a slang phrase, meaning someone who frequently adds bad news and negative feelings to a gathering. In the end, she brings down the mood for everyone. For example: Great, you want your estate to go to your children if both spouses have died -- what happens if your children predecease you? Who will you name as a back-up health care agent if both you and your primary agent are in a car crash together and s/he cannot act? What happens to your estate if neither your spouse nor any of your children/grandchildren survive you? Keeping a will at home is dangerous -- there a...

Keeping An Estate Plan Organized During Chaotic Times By Attorney Melinda Gustafson Gervasi June 4, 2020 Estate planning to me is planning for three things: illness, death and taxes.  Not all estate plans look alike, but all should address these issues.  Your documents might include powers of attorney, beneficiary forms, authorization for burial, a will, and sometimes a trust.  But an estate plan goes beyond paperwork. Estate planning is the act of taking control.  Control includes saying who will do what, and where assets will go. However, control extends beyond putting your wishes in a legal binding format. It includes controlling your paperwork.  What good is an estate plan if it cannot be found when it is needed?  If a sudden illness or death happened tomorrow, would your loved ones know where to find your documents? A simple 3-ring binder clearly marked may serve you well.  Include subject dividers, but instead of saying math, science, and...

What I've Been Reading -- Bye-Bye Toys: A story about giving by Anisha Mack Blumenberg. Melinda Gustafson Gervasi May 2020 Are you a parent of young children?  Do you tuck a child in a night hoping to leave the room without stubbing your toe or twisting an ankle on the cascade of toys, books, and trinkets falling off of bookshelves onto the floor?  If so, you are not alone.  I'm prominently raising my hand as part of this group.  For many the Pandemic of 2020 has given them plenty of time to sort, organize and purge items from every corner of their home.  While I love this idea, copious amounts of free time allude me for now.  But here and there, I purge.  A little one day, more the next.  Purging my own items is easy, I do not have attachments to a lot of stuff (books are my exception).  When it comes to my kids, it's a different story. Me asking a child: "Look at this toy dinosaur, ready to pass this along to a littler kid?", and al...

The Educator Within: When Repeating the Past Creates Roadblocks By Melinda Gustafson Gervasi March 27, 2020 Awareness hit me like a lightening blot this past Thanksgiving.  My life was upside down, literally.  We were in the middle of a kitchen remodel.  Cabinets were torn out, a sink was missing, and the crew took my old oven away.  No oven, no "traditional" Thanksgiving meal.  Yet, despite the facts in front of me I attempted to forge ahead with Thanksgiving.  The roasted turkey, mashed potatoes, green beans, and of course pumpkin pie.  Up went my creative energy.  Use a crockpot for the turkey instead of the oven, buy a pie instead of baking one, etc.  And then it melted away.  I awoke on Thanksgiving morning and realized my plan to save Thanksgiving simply wasn't going to happen, nor would it be festive or enjoyable.  I set aside the template for the holiday enshrined in my mind since my earliest memories, and called good fr...

The Nudge: What Pushes Us to Update or Create an Estate Plan By Melinda Gustafson Gervasi March 24, 2020 An estate plan, it's something most American adults know they should have.  Yet, many put it off.  From what I've read it is less about embracing the idea of illness and death, and more of an inability to wrap their minds around the financial pieces of their life.  What pushes them over the hump from having it on their mental to-do list and actually have one signed and tucked away?  A nudge. Until recently those nudges fell into certain groups for clients: Travel, especially international travel; Stage 4 cancer diagnosis; Birth of a child; Imminent retirement; or Watching the mess unfold from a loved one who had died without a plan. As of this week I can add: Pandemic. My heart goes out to the various callers I have talked to this week.  From those with parents in their 80s who do not have plans, to those expecting a first child, to thos...

What I've Been Reading Friendship: The Evolution, Biology and Extraordinary Power of Life's Fundamental Bond by Lydia Denworth By Melinda Gustafson Gervasi, March 2020 But for the persistence of a close friend, the client would have died.  That was the take-away from a client meeting I had a year or so ago.  Like many people, the client was older, single and lived alone.  Contrary to the client's normal ways, a Saturday evening dinner was canceled because the client was under the weather. The next morning the client called in sick to teach Sunday School, and upon hearing this news the client's astute and caring friend new something was amiss and showed up at the client's door.  Visibly disoriented, the client's friend knew medical attention was needed.  Refusing the astute friend to call 911, the client agreed to be driven to the ER.  And then the client's memory fades to black. Afterwards the ER doctor told the client "had you stayed at home one ...

Spring Cleaning With Charitable Twist By Melinda Gustafson Gervasi February 28, 2020 Recent headlines applaud Rock Star John Oates , of the duo Hall & Oates , who will auction off a vintage race car to benefit the Amelia Island Concours d’Elegance Foundation through RM Sothebys on March 8th. The media does a wonderful job of casting the spotlight on millionaires and their 6 or 7 figure charitable donations.  My wish is the media would also sprinkle in a few stories about middle class Americans who are also philanthropic.  That's why I wrote Middle Class Philanthropist: How anyone can leave a legacy in 2013.  A small book, it is designed to encourage everyday people to consider an end of life gift to a favorite non-profit.  But we don't need to wait until we are gone to be charitable, nor do we need a vintage race car. We are poised to enter March, the month when yard and garage sales sprout here in my hometown of Madison, Wisconsin, in 48 hours.  Th...

The Teacher Within: Powers of Attorney End At Death By Melinda Gustafson Gervasi Nearly every day of my elementary school days I "played school" upon returning home.  My older brother, 10 years my senior, thought I was a weird kid.  My parents thought they would raise a teacher.  Wrong!  A lawyer emerged.  What my family did not realize was the extent to which a lawyer educates as part of her legal practice. Today's lesson -- powers of attorney end with death.  It is a new concept to my clients, who suddenly find themselves wading into the terms and processes associated with planning for, and administering an estate.  I will get a call in which I hear "I am my dad's power of attorney, and he died last week, what do I do?".  My answer: "you were his power of attorney.  That authority ended with death.  Was there a will or trust?  If so, who was appointed to act now?  Who is the Personal Representative and/or trustee?" And ...

Stay In Your Own Lane: When non-lawyers give flawed legal advice January 30, 2020 By: Melinda Gustafson Gervasi With a deep, long sigh my frustration and annoyance was revealed to the client sitting across my conference table.  It's hard to hide it anymore.  After 15 years of counseling clients on the ins and outs of estate planning and probate, I wonder what my work day would be like if I did not have to spend so much time unwinding flawed legal advice dispensed by non-lawyers.  It's the financial planners, bankers, and in some cases tax experts that fuel my trademark sigh.  Don't get me wrong, I value the advice these experts provide on mortgages, index funds, and tax deductions. I just cannot tolerate it when they veer out of their lane, going full speed ahead with brazen authority, dispensing directives on what my clients can, and cannot due, within legal documents.  I stay in my lane, eyes on wills, powers of attorneys, trusts, domiciliary letters and...

It's 2020!  A new year.  A new decade!  A new !?!?!?  Along with signing up for gym memberships, getting an estate plan seems to be one of the top new years resolutions.  Each January we open a fresh new calendar and plan for growth and adventures.  We resolve to be more organized, to be healthier, to be on top of things.  If you are one of the many Americans making the resolution to get your estate in order, here are a few things to consider. Estate Planning boils down to control.  Who will do what, what will go where?  If you do not make the decision and put into a legal format someone else will, often dictated by state statute.  If you need a source of motivation to roll up your sleeves and take action, focus on "control"; Hire a professional.  We live in a DIY society, and that is a wonderful thing -- if you have the time, patience and skill set to complete the project appropriately.  My husband and I recently updat...