Spring Cleaning With Charitable Twist

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.  The snow continues to cover the ground, but Midwesterners turn their faces toward the rising sun, sense a whiff of Spring, and get restless.  At the same time, many of us have become familiar with the Swedish Death Cleaning movement, which caught on with the Simplify Your Life trends.  While Swedish Death Cleaning focuses heavily on purging before you die, anyone can benefit from a purge.  After all, you'll either move or die.  One way or another you (or someone) needs to figure out what to do with all your stuff.

Spring presents a great time to clean out what you no longer need, and be charitable at the same time.  It's simple -- put together a yard or garage sale with all proceeds benefiting your favorite nonprofit.  Advertise the fact it is going to a "good cause" and have literature about the organization on hand.  Salute the fact that we can all make a difference in this world -- vintage race car not required.

Thank you for reading, and remember a blog post is intended to spark though and conversation.  It is not legal advice, nor should it be viewed that way.  Please consult an attorney in your home state for legal advice specific to your situation. 

The Teacher Within: Powers of Attorney End At Death

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 the educating begins.

What startles me is the number of times, usually weekly, that I need to provide this lesson to financial professionals.  Today it was a huge company's retirement division.  The front line staff refusing the court appointed Personal Representative's request for W2 information.  The proper paperwork from the court was provided.  Yet, Customer Service Rep #1973 demanded a Power of Attorney.  Tone cannot accurately be determined from an email, but it certainly appeared authoritative with a hint of indignation. My work day ended with a short informative lesson about the laws here in the Great State of Wisconsin, and a hope that the "student" we see the light, and release the necessary information. 

No, I do not hand out grades or edit papers in the way of our  public school teachers.  But I do put on an educator hat on regularly, ready to educate and hopefully ease the already difficult path of filing incomes taxes for a recently departed loved one. See mom, I am a teacher in a way!  And hopefully a bit kinder than Prof. Kingsfield.

Please note that a blog is NOT legal advice.  It is intended to spark conversation, and nothing more.  Please consult an attorney in your state of residence for legal advice specific to your situation.