It's The House With The Creepy Santa -- Estate planning during a pandemic

 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 Santa Claus."  This is how I currently give directions to clients with in-person meetings.  

Back at Thanksgiving when we put up our holiday lights I forgot that our front yard had become my alfresco office, so appropriately coined by a client who visited in last Summer.  We have a simple display.  Green lights around the front and garage door as well as our Little Free Library.  There is a Rudolph spinning in the wind while he rides a bike.  It was a nod towards my husband's commitment to commuting via bike.  And then there was Santa.  Standing nearly 5 feet tall he is made of that hard, indestructible plastic of my childhood.  I cannot remember a year without this Santa standing in my parents' front yard.  When both of them had passed and I emptied their home, Santa stayed with me rather than being donated.  Santa was not really my style, but he was my parents.  

My children, now 12 and 10, have little to no memory of my parents who died in 2009 and 2014, but they know this Santa was Grandma and Grandpas.  And they LOVE it despite the crack in one arm and the fact you need to prop him up with a garden stake or he will fall and possibly blow down the road. 

When a home is cleared out as the result of a move or a death, I urge you to pause for a moment or two and ask "what here captures the spirit of [insert name of your loved one]?"  In retrospect I may have tossed, donated or recycled too much of my parents' personal items.  It was a massive job following 10 years of their declining health, and I was stressed.  I wanted it to be done.  Knowing what I know now, you may want to consider:

• look around your home and make gifts out of family heirlooms, keepsakes, and special items;
• determine what items capture family tradition - dishes, cookie cutters, table coverings, etc. and make plans about who those should go to when you are done with them;
• note the story behind the item -- I bought this necklace during our trip to Iceland; this was my great-grandmother's needle point, you gave this to me as a mother's day gift when you were in Kindergarten.  

Creepy Santa, as he has become to be called, will continue to have a place in our holiday decorations for years to come. He does not fit into the "classic" holiday decorations that adorn so many houses in our area.  While those may be stunning, they could easily be any house in any holiday magazine.  Our abode is unique and easy to spot thanks to Creepy Santa.

Best wishes for a safe and peaceful winter holiday season.

Thank you for reading.  Remember that a blog aims to spark conversation and should not be taken for legal advice.  Please consult a licensed attorney in your home state for advice specific to your situation.