Lessons From Fisk: Family Fights and the Role of Wills

+Lessons From Fisk: Family Fights and the Role of Wills

By Melinda Gustafson Gervasi

December 29, 2023

The final episode of Season One of the Australian comedy Fisk has two parallel storylines.  One storyline features two men who, may or may not, be brothers.  Their confrontation in the law offices of Gruber & Associates ends with fisticuffs in the waiting area.  The second storyline involves an elderly man seeking to write a will.  His intent is to be prescriptive and thus avoid fighting after his death.  Helen grabs her pen and paper to begin taking notes and chuckles a bit when the man says "let's start with the fitted sheet sets".  He was not joking. The client painstakingly created the most detailed list of the contents of his home.  Listing each item and stated who should inherit.

The take-away from this final episode of season one of Fisk is that a well thought-out will may prevent or reduce family fighting that can occur in the wake of a death.  The emphasis on may is my own doing.  After nearly twenty years of working as an estate planning and probate attorney I know that no matter how detailed and precise a will can be, in some situations nothing can dampen the emotions that flare to life during a period of grieving.  As a lawyer and as a parent my heart breaks to see the relationships that end due to fighting when a loved one dies. However, taking the time to draft proper legal documents that say who is in charge and what things you want to have happen is a final gift to your loved ones.  A plan, while perhaps not perfect, is better than no plan at all.

Thank you for reading.  Remember that a blog is meant to spark thought and reflection, it is not legal advice.  Pleas consult with an attorney in your home state for advice specific to your situation.  Follow along in the year ahead by clicking on Follow in the upper right corner and enter your email address to receive future posts.  I'll be back in the New Year with fresh posts, and one day more take-aways from Fisk Season Two was released on Netflix December 1, 2023.  Check out my blog later in 2024 for more "take-aways" from the show. 

Lessons From Fisk: Finding an Estate Planning Attorney You Want to Work With

Lessons From Fisk: Finding an Estate Planning Attorney You Want to Work With

By Melinda Gustafson Gervasi

December 22, 2023

Episode Five, Season One, of the Australian comedy Fisk pushes Helen beyond the paperwork of being an associate and into the work of client development. In the opening scene, Roz Gruber shoos Helen away from the conference table saying "Helen, why don't you go and work on bringing in some new business?" As the episode unfolds, Helen keeps her eyes open for the middle-aged people squabbling over an inheritance, which were described as the ideal client by Office Manager Roz Gruber (who is temporarily suspended from practicing law for unknown reasons). It's at the book club hosted by her Aunt and Uncle, with whom she is couch surfing, where Helen finds her first client with a squabble over a will. She ends up passing out business cards to the outstretched hands of the book club members.  

My take-away for you from this episode are the following ways you might want to connect with your own estate planning and or probate attorney rather than relying on a Google search.  Keep in mind that this area of the law delves into your family tree, personal finances, health issues and other very sensitive topics. It is critical that you trust the attorney you are working with and allow yourself to open up to them.  Then and only then can they provide the best advice because they will know the details of your life, understand your goals, and recommend the best tools to achieve them.

• Ask for a referral from the other professionals you have hired to assist in your life: accountant, financial planner, personal banker, insurance agent.  They would likely know of an attorney who has a similar communication style to the one they use with you;
• Check in with local family and friends to seek if they have an attorney who might be a good fit.  They will give you honest feed back on whether they'd recommend the attorney;
• Review the membership of organizations you attend to seek if there is an attorney who shares your values.  For example, at your place of worship, where you volunteer, or who sits on the board of your local nonprofit.

I would urge you to remember that a person can be an attorney, but not be knowledgeable in the area of estate planning and probate.  There are many doctors in our world, however, I doubt you would ask your allergist to perform your c-section.  When looking for a lawyer, it might be wise to look for one that focuses on the area of estate planning and probate. 

Thanks for reading.  A blog is meant to spark thought and reflection, it is not legal advice.  Please seek counsel from an attorney licensed in your home state for advice specific to your situation.  Check back next week for the final post of 2023 and my last take-away from Season One of Fisk. 

Lessons From Fisk: Hoarding, Tech and the Post-It Note is Your Friend

Lessons From Fisk: Hoarding, Tech and the Post-It Note is Your Friend

By Melinda Gustafson Gervasi

December 15, 2023

Episode Four of Season One of the Australian comedy Fisk is filled to the brim the take-aways.  First, there is a plot line about addressing the post-death cleanup of a hoarder (or "rubbish bin challenged individual as coined by Ray Gruber).  When the executor of the estate is not coping well with the clean-up, Gruber & Gruber brings in a temp worker to lend a hand.  The take-away here, purge what you can now in life to make handling your final affairs easier on your loved ones.  Also, if you are find yourself in the role of cleaning up the final affairs for someone who did not get this message, remember, you can outsource some of these tasks.  

Second, Helen when faced with the possibly of having to argue in court, turns to her father for help.  Helen's father, Anthony Fisk, is a retired Australian Supreme Court Justice.  Along with his life partner, Viktor (who was previously the justice's Tipstaff (in Australia this is a role that assists justices with complex legal research and other court functions), the two help Helen prepare for oral arguments.  The key to success is the post-it note.  The take-away here is to organize your paperwork for quick and efficient action.  The more organized you are, the more likely you will be to have a successful outcome when processing final affairs. 

And third, the show highlights the explosion of tech in our lives and how it can linger after death.  In this episode Helen has a new client that is receiving texts from her deceased husband.  Upset and perplexed, she hires Gruber & Associates to handle the matter. Helen bumbles her way through the quickly evolving role of tech in our lives and ends up with a good result from her client.  The take-away here is to think about your online life now and how it may linger after your death, causing pain and discomfort for your loved ones.  Use those organization skills to leave a quick and simple list of your digital foot-print and tips on how to turn it off when needed. 

Thank you for reading.  Follow along by clicking "Follow" in the upper right corner and enter your email address.  Also, remember that a blog is meant to spark thought and reflection.  A blog is not legal advice.  Please seek counsel from an attorney licensed in your state of residence for advice specific to your situation.  Be well. 

Lessons From Fisk: Powers of Attorney, Elderly Parents, and Well-Meaning Adult Children

Lessons From Fisk: Powers of Attorney, Elderly Parents, and Well-Meaning Adult Children

By Melinda Gustafson Gervasi

December 8, 2023

Episode three, Season One of the Australian comedy Fisk introduces Helen to return clients of Gruber & Gruber, the Popovitch mother and daughter duo.  Launched with comedic style, in this episode the new associate finds herself in a common situation: the adult child of a elderly parent with memory issues seeks power of attorney over the mother's finances.  Gruber & Gruber handle the situation far differently than I would in my office, likely because they are in a different country and the story is written for entertainment value.

Laws related to creating powers of attorney are written by state legislatures, meaning the laws and regulations vary from state to state.  Under Wisconsin law our statutes state:

244.05  Execution of power of attorney. To execute a power of attorney the principal must sign the power of attorney or another individual, in the principal's conscious presence and directed by the principal, must sign the principal's name on the power of attorney. A signature of the principal on a power of attorney is presumed to be genuine if the principal makes an acknowledgment of the power of attorney before a notarial officer authorized under ch. 140 to take acknowledgments.

The emphasis on "directed by the principal" is my own, and it is something I take very seriously in my practice.  For me it means the client, and only the client, can direct the creation of the power of attorney, its included powers, and the decision on who to name as their agent.  It boils down to it being a decision the parent needs to make, not a child making the decisions.

Thank you for reading.  Remember that a blog is not legal advice, but rather it is a platform to spark thought and discussion.  Please consult an attorney in your state for legal advice specific to your situation.  Follow along with this blog by clicking "Follow" in the upper right corner and entering your email.  Be well.

Lessons From Fisk: Do Not Include Burial Instructions in Your Will

Lessons From Fisk: Do Not Include Burial Instructions in Your Will

By Melinda Gustafson Gervasi

December 1, 2023

The second episode in Season 1 of the Australian ABC show Fisk finds Helen in the middle of negotiations over the clause in a will that states the decedent's cremains shall be divided between his family and his much, much younger girlfriend.  The quirky factor is turned up high in this episode.

I want to avoid ever having to run a ratio analysis of the time a decedent spent with family members to calculate the percentage of ashes each party shall receive, as Helen did in the episode. Here are a few other reasons I avoid addressing funeral instructions in a will:

• In Wisconsin, the authority allowing an agent to make health care decisions for another person ends when the person who wrote the document dies;
• Wisconsin has a free, fill-in-law blank form called the Authorization for Final Disposition which allows a person to name a first person, back-up, and second back-up to be in charge of funeral and burial decisions along with space to state preferences, such as cremation or a religious service; and
• A will nominates a Personal Representative (called an Executor in many other states), but that person does not have legal authority to act until a will has been submitted to the probate court and the court empowers the Personal Representative.  This process could take days, or possibly weeks.  A will is simply not given authority fast enough for the modern burial industry.

Thanks for reading.  Remember a blog post is not legal advice, but a method to spark thought and discussion.  Please consult with an attorney in your state for advice specific to your situation.  Check in next week for a third lesson from this delightful Australian comedy, Fisk.

Lessons From Fisk: Limits on Testamentary Freedom

Lessons From Fisk: Limits on Testamentary Freedom

By Melinda Gustafson Gervasi

November 24, 2024

There is nothing in the world so irresistibly contagious as laughter and good humor.

― Charles Dickens, A Christmas Carol

Seeking a dose of laughter to offset the heaviness of world news and the increasingly shorter days of sunlight?  If you have Netflix, you may enjoy the Australian ABC comedy that first aired in March of 2021, Fisk.  Starring Kitty Flanagan as Helen Fisk, it is a witty comedy set in the law office of Gruber & Gruber, a small (shabby) suburban office that focuses on estate planning and probate. 

Recently I laughed my way through all six episodes of Season One.  I enjoyed them so much that I rewatched them with my husband.  With hyperbolic scenarios, the show explores accurate aspects of my everyday work life.  Today, and for the remainder of the calendar year, my weekly blog post will examine each episode and a take-away for the viewer seeking to learn more about estate planning and probate.

Day one at in her new position as an associate with Gruber & Gruber, Helen finds herself face-to-face. with her first client, Ruth O'Mallely.  Ruth explains that her mother died recently, and under the will, the estate is to be shared equally between Ruth and her brother Dean,....on one condition. Upon reading the will, Helen informs Ruth that the condition of the will cannot be enforced. For those interested in watching the series, I will avoid the specifics of the episode. The scenario is a perfect example of limits on testamentary freedom.

Here in the United States, estate planning and probate laws are written by state legislatures.  That means each state may have slightly differing rules and laws about this area, however, general concepts can be found from sea to sea.  In general, a court, when asked, will not validate a clause in a will that violates public policy.  The most common example of a will violating public policy would be a clause that either encourages divorce or limits marriage.  

As Helen explains to her client, just because a will dictates a condition on inheritance, does not mean a court would enforce it.  "My daughter inherits my entire estate if she divorces her husband" would be an example of a will provision a court would not enforce because it encourages divorce, which is viewed as contrary to public policy.  If you would like a more colorful and humorous example of this legal concept, check out the first episode of Fisk. 

Remember that a blog post is meant to spark thought and discussion, it is not legal advice.  Please consult an attorney in your state of residence for legal advice specific to your situation.  Thank you for reading, be well. 

 

How to Get Your Elderly Parents Talking About End-of-Life Issues - Use a Book to Spark Conversation

How to Get Your Elderly Parents Talking About End-of-Life Issues - Use a Book to Spark Conversation

By Melinda Gustafson Gervasi

November 17, 2023

"Seriously Mom, maybe you could try read something a little less depressing.  What is this?"

Wisecracked my 13 year old daughter as she passed my home desk one evening.  

"Oh, that.  It's a book I've read already.  Gail gave it to me as sort of a gag 50th birthday gift.  Gail's sort of doing Swedish Death Cleaning and thought I'd be a good place to re-home the book."

Image by M. Gustafson Gervasi, the author's 50th ice cream birthday cake

The book is the graphic novel, a memoir technically, by Roz Chast, titled Can't We Talk About Something More Pleasant.  Released in 2014 it was a National Book Award Finalist, and it may be just the thing to take with you when you go home for the Thanksgiving Holiday or if you are hosting this year, set it out on the coffee table.  The book caught the curiosity of my teenager; it may do the same for the elderly family members who don't know exactly how to get talking about "stuff".  You know, "stuff;" powers of attorney, long-term care, wills, funeral arrangements, etc.   Sometimes talking about an author's experience is an easy gateway into talking about your own wishes.

Chast's book is a quick read and offers her experience with parents that were resistant to talking about the end of life and their wishes.  As we enter the time for winter holidays, families tend to gather.  Many adult children wonder about how to get their parents talking about end-of-life matters, this might be one approach.  I'd suggest that if you do get the book and have a talk, pull out some chocolate to soothe the emotions. I keep a bowl of Ghirardelli chocolate in my office for clients -- sometimes they need a boost after talking with me about worst case scenarios.

My copy of the book, atop my home writing desk

A blog is intended to spark thought and discussion, it is not legal advice.  Please consult with an attorney in your home state for advice specific to your situation.  Thank you for reading!  Follow along with future posts; click Follow in the upper right corner and enter your email address.   Be well!

 

Middle Class Philanthropist - How Anyone Can Leave a Legacy

Middle Class Philanthropist - How Anyone Can Leave a Legacy

By Melinda Gustafson Gervasi

November 10, 2023

Ten years ago I published a small book, designed to be read in an afternoon while enjoy a mug of coffee or a cup of tea.  The intent behind Middle Class Philanthropist: How Anyone Can Leave a Legacy was to inspire the average American to be philanthropic when creating or updating an estate plan. Much is written about philanthropy in November because the 15th of the month is National Philanthropy Day. All too often the stories of giving involving multi-millionaires donating sums most of us cannot wrap our minds around.  But there is another path to philanthropy, one any of us can take. 

I hold the core belief that anyone can leave a legacy. It does not require excessive wealth when directed with intention and purpose.  If you want to leave this world with a final gift, here are a few options noted in my book:

• Designate an In Lieu of Flowers charitable cause.  Recently I attended the funeral of the father of a childhood classmate.  Instead of purchasing flowers the family encourage mourners to donate to one of his favorite causes.  My family did, sending a donation in his honor to the UW Veterinary School of Medicine fund for families in need of financial assistance.
• Donate 2% of your retirement accounts to a non-profit.  All it takes in a quick update to your beneficiary form to name a nonprofit that made a difference in your life.  I opt for 2% because it is "a little something" that in the end may not be missed by other dependents.
• Encourage your family and loved ones to hold a garage sale for tangible personal items that no one else needs, with the proceeds being directed to a nonprofit you select.  Promote this giving opportunity at the sale, and have literature on hand for shoppers who may want to learn more about a cause you felt was worthy.

These are three simple acts, which you can likely accomplish without having to visit an attorney's office.  Everyone can make a difference in this world.  If you want to read more about my thoughts on Middle Class Philanthropy I encourage you to purchase my book, or for those in Dane County, Wisconsin, check a copy out from your local library.

Remember a blog is not legal advice, but rather a spark for thought and discussion.  Please consult an attorney in your state for advice specific to your situation.  Thank you for reading, and be well. 

3 Situations When A Living Revocable Trust May Make Sense

3 Situations When A Living Revocable Trust May Make Sense

By Melinda Gustafson Gervasi

November 3, 2023

America is made up for fifty different states.  Laws related to estate planning and probate are written at the state level.  That means there are fifty different sets of laws and regulations governing end-of-life matters.  It is critical to know the ins and outs of the laws of the state you reside in when creating an estate plan because terms, fees, and responsibilities can vary greatly.  For example, the cost of going through probate in Wisconsin is quite low compared to an estate in California.  More specifically, under Wis. Stats. 814.66 the fee assessed on a probate estate is 0.2 percent.  In contrast, according to online research the fee in California is more complicated and costly:

In California, statutory probate fees are based on the gross value of the estate and are as follows: 4% on the first $100,000; 3% on the next $100,000; 2% on the next $800,000; 1% on the next $9,000,000; 0.5% on the next $15,000,000.

Image by M. Gustafson Gervasi, 2023

Because probate in Wisconsin is not nearly as expensive as other states, I find that many of my Wisconsin clients can accomplish their goals without the cost and complexity of a Living Revocable Trust, which is a sophisticated tool that creates a virtual basket to hold your assets and distribute them at death, bypassing the probate court system.   However, there are 3 situations in which I think a Living Revocable Trust needs consideration:

1. Owning real estate in multiple states.  Years ago I had a client with a home in Wisconsin, a cabin in Michigan and a condo in Arizona.  If the client used a basic will, probate would happen in three states (WI, MI, and AZ).  Using a Living Revocable Trust would allow the properties to be re-titled and placed into the trust, which would distribute them at death, and thus avoid probate.  In this situation the client opted to use a more simple tool, the Transfer on Death Deed, which was available in 2 of the 3 states;
2. Families with second marriages and children from outside the union. In this situation you may want to use a Living Revocable Trust to create an asset pool the surviving spouse can use, but not deplete or re-direct to other people when the first spouse dies.  A Living Revocable Trust can be used to "lock-down" part of a couple's assets at the death of the first spouse in an attempt to ensure children from outside the marriage inherit.  This does set up a situation in which the surviving spouse's activity is scrutinized by the deceased spouse's children, which could lead to awkward holiday gatherings and tension; and
3. When you are "writing out" a natural heir from your estate.  A Living Revocable Trust allows for your final expenses to be paid and your assets distributed without going through probate.  Normally, the probate process requires notification of all "interested persons" -- those named in the will and those who would inherit under statutes if there were no will.  It acts as a check on the will to root out fraud or undue influence, and can create an easy venue for a disgruntled person to challenge a will.  Since a Living Revocable Trust does not go through the court process, these this too-easy to dispute path is avoided.  In a sense, it can reduce the chance of needless litigation.

Those are the 3 scenarios that immediately lead me to discussing a Living Revocable Trust with clients.  Note, a blog is NOT legal advice. It is meant to spark thought and discussion.  Please consult with an attorney in your home state for advice specific to your unique situation.  Thanks for reading, be well, and click FOLLOW in the upper right corner to enter your email and receive future posts. 

Annual Checklist for Estate Planning

Annual Checklist for Estate Planning

By Melinda Gustafson Gervasi

October 27, 2023

Image by M. Gustafson Gervasi, 2023

Monday, the 30th of October, ushers in National Checklist Day.  Yes, it is a real thing according to the internet.  It's origins are tied to the aviation industry, specifically pilots and flight attendants created safety checklists to make the new era of aviation safer.  Defined, a checklist is a list of requirements, things to be done, points to be considered and or a reminder.    

Within the area of estate planning and probate, here are 7 items to include on your annual checklist to ensure your plan is up-to-date and accessible:

1. Copies of your power of attorney for health care are on file with your primary care doctor, any specialist you use, and your hospital of record as well as with the agent(s) you named to speak for you if you are too sick;
2. Copies of your power of attorney for finances are with the agent(s) you have named to handle your financial matters if you are alive but too sick to manage your own affairs;
3. Your original will is in a safe and secure location that is accessible to your Personal Representative (Executor in other states) -- for residents of Dane County, Wisconsin, an original will can be filed for safekeeping with the probate court;
4. You have a complete list of assets that have named beneficiaries;
5. A copy of the deed to your home or other real estate that you own;
6. Names and contact information of professionals who assist you in your life -- CPA, veterinarian, insurance agent, financial planner, attorney; and
7. List of organizations that should be contacted in the event of your death -- religious organization, professional associations, civic clubs, neighborhood groups.

This list mentions 7 items to include on your checklist.  It is by no means a full and complete list, but enough to prime the pump.  Remember that a blog is not legal advice, it is meant to spark thought and discussion.  Please consult an attorney licensed in your home state for counsel specific to your situation.  Thank you for reading, be well, and click FOLLOW above to enter your email and receive updates on future posts.

Buyer Beware - Spotting Trouble in the Land of Trusts

Buyer Beware - Spotting Trouble in the Land of Trusts

By Melinda Gustafson Gervasi

October 20, 2023

After a decade of public speaking on the ins and outs of estate planning and probate, mainly as a guest presenter for a financial education nonprofit or a local library, my words flowed freely during my talks.  After covering the basics of powers of attorneys, wills, and probate, I would briefly comment on the roles of trusts in estate planning.

"A trust is a tool that functions like a basket, it holds your assets. A trust can be created during your lifetime, known as a Living Revocable Trust.  Or a trust can be formed at your death, called a Testamentary Trust.  One feature of a Living Revocable Trust is that the assets inside avoid probate at your death, and transfer directly to the people and or organizations you designate in the paperwork.  For a Living Revocable Trust to work you have to transfer your assets from your name to the name of the trust.  For example, if my spouse and I decided to create a Living Revocable Trust we would have to change the deed to our home in order for the trust to work properly. It would go from "Charles J. Gervasi and Melinda Gustafson Gervasi, marital property with the right of survivorship" to "The Charles J. Gervasi and Melinda Gustafson Gervasi Living Revocable Trust of [date it was created]".  

Then I'd insert a bit of levity:

"For those of you over a certain age you will receive fliers in the mail inviting you for a free fish dinner at a local restaurant as apart of a speaking series on the wonders of trusts."

Audience members would nod and laugh knowingly.  Many were approaching or at retirement and knew these fliers well.  Their arrival correlated with the solicitations to join AARP.

"Be careful, many of these organizations are LLCs that open-up shop in your area, sell a bunch of overpriced trusts, and then close the doors leave town without ever helping you fund the trust.  They are trust mills, and border on fraud."

I'd take a sip of my hot tea to calm my vocal cords and launch into the dangers of trust mills and fraud, providing listeners with a few simple tools to assess whether or not the "free dinner" was worth it, and when the expense of a Living Revocable Trust might make sense of them.  The seminar would wrap up, with me commenting that I would stick around for a few minutes to take questions from those who did not want to ask in front of a large crowd.  I would add that I would need to head out by 9pm in order to tuck in my two young children at home.  

Time has a habit of moving forward.  Those two kids of mine are now both teenagers, and this past week my husband received such a flier in our mailbox.  A subtle reminder that in some database we are now deemed eligible for the "free fish dinner" seminar.  Needless to say, we will not be sending in a RSVP. 

Badlands, South Dakota, Image by M. Gustafson Gervasi, 2023

If you receive such a mailer, beware and remember, there is no such thing as a free lunch.  Keep in mind:

• Probate in Wisconsin is not as expensive as other states.  Our statutory fee is 0.2 percent while other states are 6 or 8 percent.  A quick back-of-the-envelope calculation will show you how much a house, car, bank accounts (assets without a named beneficiary) would cost going through probate.  You can then compare that fee with the fee of creating the Living Revocable Trust being sold (the fee on a $350,000 home going through probate is $700);
• Living Revocable Trusts do not hold certain assets well, such as retirement accounts.  This means you cannot use the trust to hold that asset and have to make other plans;
• Individuals selling these instruments may not be attorneys licensed in Wisconsin, meaning they are limited in their ability to help you create, fund and maintain a trust.  A simple test is to ask the attorney for their Wisconsin Bar Association Number -- we know them by heart and should be able to recite it quickly;
• Gather information, but take time to process, reflect and comparison shop.  Never feel pressured to sign up for an appointment the night of the dinner;
• Read the fine-print.  Our flier says "Financial Professionals, Accountants, and Attorneys will be charged a $5,000 educational fee".  So, if I were to attend, they'd charge me $5,000 -- hmmm,  seems like they want to discourage me from attending, I wonder why?  

Thank you for reading.  Remember that a blog is meant to spark thought and discussion, it is not legal advice.  I encourage you to seek counsel from an attorney licensed in your home state for help with your unique goals and needs.  And if you are curious about those pre-pandemic talks I used to give here is a sample from one done via Zoom as the pandemic shifted how we gathered.

Friday the 13th: Dying in the Age of Tech

Friday the 13th: Dying in the Age of Tech

By Melinda Gustafson Gervasi

October 13, 2023

Friday the 13th, is a day associated with all things bad luck.  From the Biblical account of 13 people attending the Last Super to the 1980s pop culture hit movie with Jason in a ski mask, this is a day known for darkness.  So it seems appropriate for today's post to mix two areas of doom and gloom: death and tech, more specifically, tech that is not easy to operate.

Marriage to an electronics engineer has amped up my luddite tendencies, leaving me with less than adequate skills to operate our tech devices.   Over the years when a cell phone needed an update or it was time to install a new printer or adjust our Smart thermostat, I commonly let my spouse take the lead.  He is more more efficient, capable, and considers these tasks fun.  His professional hours are spent designing circuit boards, so the decision was a no brainer.  However, with my entrance to a new decade (I recently celebrated my 50th birthday), I realized that I should know how to do some of these things as well.  Just in case.  Maybe my phone will need to be replaced while he is traveling for business, or maybe.....my well-trained estate planning and probate brain quickly spins scenarios in which I will need to sort these issues out on my own.  

Which leads me to this list, 13 tech devices that may need some explaining about how to operate and or maintain.  Such a list may be useful to your life partner and or personal representative (known as an Executor in most states) should your time come:

1. Cell phone
2. Personal computer
3. Home security system (including cameras)
4. Heating, ventilation and air conditioning
5. Energy efficient power sources, such as solar panels
6. Outdoor garden equipment
7. Assorted home automation - lights or sound systems
8. Smart locks to your home and or vehicle(s)
9. Automated pet feeding devices
10. Internet access and wiring
11. Smart lawn mowers and snow blowers
12. Your vehicle(s)
13. Voice activated controls for home appliances (giving Alexa commands to dim the lights)

Willa - author's cat, pictured in 2008.  RIP.

Death will come for all of us, take the moment to leave some easy to access instructions for the loved ones you leave behind.  Then go out and enjoy Fall Fun at a corn maze, apple orchard, or Oktoberfest.  Remember that a blog is meant to spark thought and reflection.  It is not legal advice.  Please consult an attorney in your home state for advice specific to your unique situation.  Thanks for reading, be well, and click Follow above to receive updates on future posts. 

Celebrating 50 -- The Gift of Decluttering

Celebrating 50 -- The Gift of Decluttering

By Melinda Gustafson Gervasi

October 6, 2023

You only turn 50 once, so I decided to embrace the transition to a new decade rather than shun or ignore the event.  Turning 50 is far better than the alternative, something I am reminded daily as an estate planning and probate attorney.  After a celebratory weekend, complete with a bonfire with friends and quality time with my family on the University of Wisconsin - Madison campus, I spent a Monday giving myself the gift of decluttering.  More specifically, I pulled EVERYTHING out of my closet and dresser, and put back about one-third of the items.  The remainder I packed up and dropped off at my favorite local thrift store - The Dane County Humane Society Thrift Store.  It is easy for me to release my hold on a item I sort of enjoy knowing it will be generate much needed cash for animals in need.  The impact of open space was exhilarating, and I wanted more. Which leads me to this post -- recipes.

My year of 50 will be populated with decluttering events, saying good-bye to things that may have brought me joy or some fun, but no longer need to be with me during this chapter of my life.  My attention is now focused on my kitchen, starting with recipes.  

Recently I made a Mini-Chocolate-Bran Muffin recipe that I have had for over 15 years.  It was just okay, no one really loved the muffins.  So I opted to put the paper recipe into recycling, not back in my recipe binder.  I have resolved to work through the pile of faded, stained, and disorganized recipes to see what needs to be tossed, and what I will keep.  The keepers will then be entered into a Goolge Docs form I have created.  Why Google Docs?  Simple, it is:

• Free
• Easy to share with my children
• I can copy and paste specific recipes into an email or text to share with friends (or readers)
• The application is already on my phone for easy access at home or on the road
• Edits and notes are easy to make
• It won't fade, stain, or fall between the cracks

Image by M. Gustafson Gervasi, 2023

Doing all of this in one day or weekend is simply too much, and would result me throwing my hands up in frustration.  Taking a year to work through recipes, many of which are seasonal or holiday based, makes this a far more manageable task.  Keep reading and track my progress.  And if you have a tip to share on decluttering the kitchen, post a comment!

Be well, thanks for reading, and click Follow in the upper right-hand corner to receive future posts. 

Lights, Camera, Action -- Making a Wise Selection for Your Power of Attorney for Health Care

Lights, Camera, Action -- Making a Wise Selection for Your Power of Attorney for Health Care

By Melinda Gustafson Gervasi

September 29, 2023

Hollywood sets are dark at the moment because of the SAG-AFTRA strike, but you can still cast your agent for Power of Attorney for Health Care in your estate plan.  Whether you are creating the document for the first time or completing a much-needed update, here are a few traits I think make for a high-quality power of attorney:

1. An advocate -- who will champion your needs in today's health care system?
2. Comfortable with Medical Jargon -- who will not shy away from medical speak and lingo?
3. Follow Your Wishes -- who will speak for you rather than fly into town and start advancing their desires and wishes?
4. Has the Time -- who can set aside a large portion of their life to pick-up managing your health care needs?

Once you have this person in mind, and ideally a back-up, figure out if you can audition them for the role.  Have they provided this service to another family member or friend?  If so, how did it go for them and for the patient?  Throughout the years I have had clients return to my office after witnessing the person they had nominated to be their power of attorney for health care provide the service for another person.  Sadly, it did not go well, and my client realized they needed to swap out the players.

Author's family at a Star Trek Convention, Chicago, 2022

Remember, estate planning is about taking control.  You, and only you, can make the best determinations about who should be doing what in the area of your health, finances, and ultimate death.  A blog is meant to spark thought and discussion, it is not legal advice.  Please consult an attorney licensed in your home state for advice specific to your unique situation.  Thank you for reading.  Receive updates on future posts by clicking Follow in the upper right-hand corner for this page.  Be well, and thanks for reading.

Is the Private College Named in your Will Still Operating?

Is the Private College Named in your Will Still Operating?

By Melinda Gustafson Gervasi

September 22, 2023

September brings apple picking, bonfires and back-to-school rhythms.  Sadly, for several private colleges in the US, the hallways remain empty due to permanent closures.  Here in my home state of Wisconsin, Cardinal Stritch University, a small private Catholic college in Milwaukee, closed operations after 85 years of educating young adults. According to CNBC, since 2016, 91 US private colleges have closed, merged with another facility, or announced plans to stop operating.  More than half of those announcements cam after the 2020 pandemic began.

Many of my clients name a college in a will as a recipient of a specific gift or a contingent beneficiary. Recent headlines suggest those clients should review their plans and check-in with the higher education entity named in the will.  Is it still operating?  Are there plans to merge or close?  What is the organization's future?

When we are strategic with your philanthropic giving it can make a huge difference in our world.  To be effective we should monitor the entities we have named, assess its need, and consider its future sustainability.

Fall at Glenn Stephens Elementary School, Madison, WI.  Image by M. Gustafson Gervasi

Never miss an update, click Follow in the upper right-hand corner and enter your email to receive future posts.  Remember that a blog is not legal advice; it is meant to spark thought and discussion.  Please consult with a lawyer in your home state for advice specific to your unique situation.  Thank you for reading, be well!

From Good to Great, Where to Keep Your Power of Attorney for Health Care

From Good to Great, Where to Keep Your Power of Attorney for Health Care

By Melinda Gustafson Gervasi

September 15, 2023

The green illuminated numbers on my alarm clock glowed 1:57 am; nearly 20 years later, I can still see the time in my memory and recall the groggy phone call I had with the University of Wisconsin Hospital and Clinics hospitalist who was calling in the middle of the night.  

"Is this Melinda Gustafson Gervasi" barked the voice on the other end of my phone.

"Yes" said with a rising tone indicating I wanted to know who was calling.

"This is Doctor [a name I do not recall] with University of Wisconsin Hospital and Clinics calling about your mother, Sharon." She then launched into rapid fire details of my mother's deteriorating health condition, ending with declaring her incapacitated and asking me to consent to an emergent procedure.

In less than a minute the power of attorney for health care that had been added to my mother's hospital medical file was pulled up, activated, and I was speaking for her when she could not.  It was seamless and perfect.  To this day I give thanks that the paperwork was on file with my mother's hospital of record.  Had the only copy by stored at her home, I might still be searching for it to this day.  My mother had a warm smile and kind eyes, but she was not Type A and organized.  Hunting for the paperwork while she was gravely ill would have been a nightmare.

Being an estate planning and probate attorney, I knew back then that having a Power of Attorney for Health Care was good.  Having one that can be easily accessed is great.  From both my personal and professional experience, I believe a Power of Attorney for Health Care should be on file with your:

• Primary agent
• Back-up agent(s)
• Primary Care physician and clinic
• Hospital of record (the hospital your health insurance favors)
• Any medical specialists you work with

Also, for added measure I suggest keeping a list of where it is on file so that if and when you update your document, you can give all of those entities the update version.  It's a great way to avoid confusion if different documents from different times surface.

Author with her mother, Sharon.  1974

Click "follow" in the upper right-hand corner to receive updates on future posts.  Remember that a blog is meant to spark thought and reflection.  It is not legal advice.  Please consult an attorney licensed in your home state for information specific to your unique situation.  Thanks for reading! 

Back-to-School Mode: Eight Items to Review in Your Estate Plan

Back-to-School Mode: Eight Items to Review in Your Estate Plan 

September 8, 2023

By Melinda Gustafson Gervasi

Image by M. Gustafson Gervasi, 2023

The final whistle at the outdoor pools here in Madison, Wisconsin blew earlier this week and school bells rang summoning students back to the classroom.  Whether your household runs on an academic calendar or does not, it is a good time of year to pull out your Estate Plan and complete a quick review.  Is everything up to date?

1. Do you know the location of your original will and or living trust?  If you created a plan but cannot find it, it is as though you have no plan;
2. Is your Power of Attorney for Healthcare on file with your primary care physician and hospital of record?  If not, contact their patient records department and find out how to place it on file for easy access if you are suddenly too ill to pull it out of your own files;
3. Do you have an easy access list of phone numbers for the important people to call in the event of your illness or passing?  The White Pages are not coming back to style, and tracking down people in the age of cell phones is a growing frustration;
4. Review (or created) a list of your assets and or libabilities.  Just a snapshot of what you have and where will be a tremendous help to your Power of Attorney for Finances or Personal Representative (Executor in some states);
5. Leave details on pet care for anyone who has to step in for you in a pinch -- medications given, special diet, walking/grooming routines, name of a long-term care person, etc.
6. Do your beneficiary forms say what you think they say?  In most cases, what you have written on your beneficiary form happens no matter what your will or living trust says;
7. If you are married, is your spouse listed as a co-owner on your personal residence?  This is not always the case for properties bought prior to marriage or inherited; and
8. Complete forms (state specific) stating who you wish to be in charge of a funeral/burial/cremation.  In general, a Power of Attorney for Healthcare ends when you die -- make sure the people you want acting are empowered to do so.

Remember, a blog is meant to spark thought and reflection -- it is not legal advice.  Please seek legal counsel from an attorney licensed in your state of residence.  Thanks for reading, and you can hit "follow" in the upper right hand corner to make sure you receive future posts.  Be well, and enjoy the final days of summer until the Fall Equinox arrives later in September.

What Does Fiduciary Mean?

What Does Fiduciary Mean?

August 11, 2023

By Melinda Gustafson Gervasi

Without fail, when explaining a Wisconsin Power of Attorney for Finances document to a client, I point out the last page.  It requires the signature of the primary and secondary agents appointed by the principal.  In simple terms, the first and second person my client appointed to handle their financial matters if they were alive but too sick to act, needs to sign-off of being a fiduciary.  "What exactly is a fiduciary?" many clients ask.

According to Dictionary.com, a fiduciary is a person to whom property or power is entrusted for the benefit of another.  Building on that basis, the Consumer Financial Protection Bureau states that a Fiduciary is someone who manages money or property for someone else.  A key concept is that they are managing the money for someone; it is not their own money.  How is this implemented you might wonder.  Keep the following in mind if you have been asked to be a fiduciary:

1. Keep Records -- note any and all monies you collected (paycheck, disability insurance, settlement from a personal injury case, tax refund, etc) as well as details on all money you spend (mortgage or rent, medical bills, utility payments, insurance premiums, tax liabilities, etc).  If it were me, I would track everything to the penny and have documentation for each transaction.
2. Separation of Funds -- this is NOT the money or property of the fiduciary, they are simply managing another person's assets.  Do not comingle funds with your own. 
3. Proceed With Caution -- double and triple check bills you pay and forms you complete.  If you are acting as a Financial Power of Attorney it means someone has had a health crisis and cannot act.  The last thing a person with a health crisis needs is a financial crisis.  Do not be afraid to retain professional help, such as a CPA or financial planner.
4. Act in the Best Interest -- it is key that you act in the best interest of the person who is sick.  What serves them the best, not what serves your needs.

When talking with my clients about who to name as a Power of Attorney for Finance I quip "you need a person who is going to be wise, not someone who will take your money to Vegas and put it all on red".

Image by M. Gustafson Gervasi, 2023

Remember that a blog is not an attorney.  It is a platform to spark thought and discussion.  If you enjoy this post, consider becoming a Follower of this blog.  Click the Follow button in the upper right hand corner and enter your email.  You will receive a notice when a new post hits.  Thank you for reading, be well.

Estate Planning & Probate for the Bibliophile

Estate Planning & Probate for the Bibliophile

August 4, 2023

By Melinda Gustafson Gervasi

Bibliophile -- is an adjective that should be included in any online profile I write for myself.   Some people have a "to read" pile of books on the nightstand.  I have a "to read" book shelf.  As a young child I remember summer days spent organizing and reorganizing my book collection.  It has been a lifelong trait since my mother first started buying me Golden Books as a toddler.   Now, as I approach the 50 year milestone, my book collection is extensive.  

My love of books and reading was a significant influence in my decision to enter law school and engage in the practice of law.  After nearly twenty years of handling estate planning and probate cases, I am acutely aware of the fact that one day someone (my husband, my kids, or my banker) will need to figure out what to do with all of those books I accumulated.  Apparently I am not the only reader to ponder this question.  At the end of 2022 Karen Heller wrote about the heartbreak bibliophiles face when having to face purging their books.  Her piece appeared in the Washington Post.  I agree with the sentiments presented -- someone will need to sort through the stacks and re-home the material.  Obvious paths include:

• Gifting -- during your lifetime can you gift the book to a specific person who would enjoy the piece?
• Selling -- generate some income by selling collections to second hand shops, antique dealers, or on Ebay.
• Little Free Libraries -- fill up your neighbors Little Free Library and let a local enjoy the book.
• Public Libraries -- donate to public libraries, who sell donations to support library operations.
• Charity Thrift Stores -- drop off books at thrift stores that support your favorite non-profit.
• Recycle -- explore how you can recycle outdated books with your city or local municipality (for local readers of my blog, check out WM, a recycling center)

A reader and a writer, image of author's 2013 self-published book.

Did I miss another option for your books?  Leave a comment and share the knowledge!  Thank you for reading.  Remember, a blog is not legal advice, but rather a platform to generate thought and discussion.  Share this post with others who might benefit.  Be well, and enjoy National Book Lovers Day, August 9, 2023. 

Sorting Out a Guardian: Happy Birthday Harry Potter!

Sorting Out a Guardian: Happy Birthday Harry Potter!

July 29, 2023

By Melinda Gustafson Gervasi

 Image by M. Gustafson Gervasi, 2023

The weekend is nearly here.  For my home it is not just any old summer weekend, it is a threshold weekend.  My youngest child will turn 13, marking a time when we leave behind the little kid and tween years.  Tucked away on the shelves in our basement are Spot It game cards, stuffies adopted on our travels, and her Harry Potter books.  Potterheads (the term for diehard fans of Harry Potter) will be quick to tell you that Harry celebrates his birthday this time of year, specificially July 31st.   The boy wizzard at the center of the seven book series (and movies) is an orphan; just about every protagonist is an orphan in children's literature.

An estimated 153 million children in the world are orphans, according to SOS Children's Villages.  A will is the one legal way a parent can nominate another person to become the guardian of a child if the child were orphaned. As a parent I know no parent wants to linger on this potential scenario, yet it can and does happen.  With a will the parent can control who the court will consider as a guardian.  No one person will be perfect, but from my 18 years of practicing law and nearly as many parenting, here are a few points to consider when sorting out the right person(s) to name:

1. Religion -- who in your life shares your views on religion?
2. Education - who in your life approaches education in a similar manner?
3. Finances - who in your life spends (or saves) money in a manner close to yours?
4. Travel - who in your life travels as you do?
5. Capacity -- who in your life has the capacity to home their home and heart to a child who has sufferred the terrible loss of a parent(s)?

A blog is meant to spark thought and reflection; it is not legal advice.  Please consult an attorney licensed in your state of residence for advice specific to your situation.  Thank you for reading.  Please share a link to this post for anyone you think might benefit.  Be well!

Aretha Frankin & Estate Planning: Think

Aretha Franklin & Estate Planning: Think

By Melinda Gustafson Gervasi

July 21, 2023

At some point in 2014 American Singer-Songwriter and Queen of Soul, Aretha Franklin, tucked a notebook with a handwritten document titled "my will" into the cushions of her sofa.  It went unnoticed after her death for sometime and was only found by chance when relatives started searching through her home after her death.  Now, in July of 2023, a Michigan jury has found the document to be a valid will, undoing prior documents created by the American icon. 

We can only speculate as to why Aretha Franklin stored such an important document in the seats of her sofa -- perhaps illness prevented her from physically leaving her home and putting the document in a more secure location.  Nevertheless, the last thing any family needs when grieving is a scavenger hunt for the will.  Here are three options to THINK about if your only option is keeping a will at home:

1. Order a fireproof and water-tight safe online to be delivered to your home.  Keep this in spot that is out of the way but not so hidden it will not be noticed;
2. Place your documents in a plastic freezer bag and put them in the freezer -- but not hidden so well they will go unnoticed; and
3. Write information about where the will is located on a post it or notecard and leave it taped to your bathroom mirror. 

Have a great idea on safe-keeping of a will at home?  Leave a comment!  Remember, a blog is not legal advice, but rather a platform to generate thought and discussion.  Please consult with an attorney licensed in your home state for advice specific to your situation.  Thank you for reading, and be well. 

Estate Planning Wisdom From Frank Sinatra

Estate Planning Wisdom From Frank Sinatra

By Melinda Gustafson Gervasi

July 14, 2023

Image by M. Gustafson Gervasi, 2023

On a recent vacation to New York City my family found itself on the banks of the Hudson River in Hoboken, New Jersey.  We had an amazing lunch at the Blue Eyes restaurant, snapped a few selfies with the Frank Sinatra statue (pictured above), and then headed into Manhattan for a week of exploring the city.  During our road trip east we listened to Sinatra's greatest hits, and a few lines from My Way hung in my mind.  My thoughts twisted and turned as I made the transition from "work mode" to "vacation mode", 

"I faced it all and I stood tall and I did it my way."

 Hitting the ear of an estate planning and probate attorney, I heard:

1. Face the facts of your life situation;
2. Be confident in what you think is best; and
3. Express what you want to happen.

Much has been written about why people do not set up a will; oftentimes, when asked why they do not have a will, people cite an aversion to thinking about death or claim they do not have the time or money to go through the process.  After nearly 20 years of counseling clients, I suspect another reason for the aversion is avoiding the reality of your life situation.  Writing a will makes people confront family estrangements, lower net worth than expected, or the reality of a terminal illness.  

Standing tall is to be confident.  The process of creating a will is formal and official, putting your thoughts and wishes into a legally binding document that is properly witnessed makes it certain about what you desire.

During my nearly two decades of working with clients to create wills I know that all too often other people will try and influence where the money goes.   It is crucial to make the decision yourself. These are your final wishes.

I'll close with the reminder that a blog is not a lawyer, but a piece meant to spark thought and reflection.  Please consult with a lawyer licensed in your state of residence for advice specific to your situation.  Best wishes, and thank you for reading. 

 

 

7 Steps to Ease the Probate Process

7 Steps to Ease the Probate Process

By Melinda Gustafson Gervasi

July 7, 2023

Image by M. Gustafson Gervasi, 2023

Probate is a court process to handle a person's financial affairs at death.  In a nutshell, assets (those without beneficiaries) are gathered, final bills of the deceased are paid, and the remainder is distributed according to the will, or if no will, by state statute.  The following are 7 steps you can take to make this process as easy as possible on your loved ones:

1. Write a Will:  a will is a legal document that says who is in charge of handling your final affairs and distributing the assets you have at death.  If you have not written a will, your State Legislature has one for you in the statutes -- most likely giving assets to your relatives.
2. Gather titles and deeds to your property: easy access to the deed or title to your assets (home, car, boats, cabin, etc) allows the person in charge to quickly understand what assets are in your estate, and will facilitate the sale or transfer of those assets as the probate continues.
3. Nominate a Well-Suited Personal Representative (also called an Executor in other states): not everyone has the skill set needed to handle a probate. I say "aim for Switzerland"; who is neutral, precise and efficient. 
4. Purge clutter: Embrace the Swedish Death Cleaning movement and purge the clutter, both digital and tangible, from your life.  If you don't, someone else will be saddled with the chore.
5. Consolidate financial assets: have all of your retirement, investments, checking, savings, etc. under management of one or two providers.  While it may be tempting to have 12 different CDs at 12 different banks, the legwork to close all of those out at death often outweighs the interest paid.
6. Keep a list of creditors: who do you pay on a monthly, quarterly, or annual basis?  The probate process requires all of these entities to receive notice of your death.  Make it easy by keeping a list with contact information.
7. Compile a list of your professionals -- CPA, financial planner, attorney, pet sitter, lawn service.  Helping your Personal Representative reach out to your support network is key in the probate process.  Do not have them hunting around your desk or your phone looking for the name of your accountant.  Keep a list, make it simple.

A blog is not legal advice; it is meant to spark thought and reflection.  Please consult an attorney licensed in your state of residence for legal advice specific to your unique situation.  Thank you for reading, be well. 

Naming a Trustee: Consider the Professional Option

Naming a Trustee: Consider the Professional Option

By Melinda Gustafson Gervasi

June 30, 2023

Weekly I work with clients to establish testamentary trusts.  A testamentary trust essentially is a will with additional instructions that direct the court to create a trust when the person writing the will dies. Unlike other trusts, this is not created during your lifetime, but rather at your death.  They are most commonly used by clients with minor children; the trust is designed to hold and use assets until the children reach an age where they can assume control of the funds.  During that time a trustee manages the trust.  More specifically, a trustee does the following:

• Invests and manages the trust assets;
• Pays bills of the trust beneficiary;
• Maintains records of all transactions made on behalf of the beneficiary; and
• Files federal and state tax returns associated with the trust.

Many people opt to name the guardian of the child(ren) to serve as trustee.  However, in some situations naming a corporate or institutional trustee (such as a bank) might be wise.  A professional trustee offers the following:

• Neutrality – unlike the guardian of the child or family member, the professional trustee is not sitting down to a Thanksgiving meal with the trust beneficiary.  The relationship is purely professional, removing the chances of decisions being made under emotional pressure;
• Continuity - sometimes a trust is set up to benefit a child for decades.  Finding a person in your circle of family or friends to serve as trustee for many years can be daunting if not impossible.  Naming a bank or trust department increases your chances that the same entity will be managing the trust assets over the years;
• Experience - a professional trustee spends all day, every day, managing the ins and outs of trusts.  They will have years of experience and a depth of knowledge, allowing them to work with the clarity, swiftness, and precision that a layperson may lack. 

Remember that a blog is not legal advice, it is meant to spark thought and discussion.  Please consult an attorney in your state of residence for legal advice specific to your unique situation.  Thank you for reading.  Be well!

Marriage and Estate Planning: Going Beyond a Name Change

Marriage and Estate Planning: Going Beyond a Name Change

By Melinda Gustafson Gervasi

June 23, 2023

The author and her spouse, June 2006

June -- the month of weddings, mine included back in 2006.  Should you Google "marriage and estate planning" the results skew heavily to where and how to change your name following a marriage. From my vantage point behind the lawyer's desk, I can tell you that saying "I Do" involves much more than updating your name with the DMV, Social Security and the bank.  Or at least it should.

Probate, a word we are conditioned to dread, occurs when a person dies and an asset did not have a co-owner or named beneficiary.  Probate assets, those without a co-owner or named beneficiary, are distributed at death per state statutes or under the terms of a will if one was created.  Becoming married does not create an auto-default to an asset going to your spouse.  If, after you walk down the aisle, you want an asset to pass to your spouse, you will need to make the other person either a co-owner or named beneficiary.  The following are 10 places where you likely want to add your spouse's name:

1. The veterinarian's office -- pets are technically our property.  If you want your new spouse to have the authority to make medical decisions for your fur and feathered family members, add their name to the file;
2. Bank accounts;
3. Investment accounts;
4. Retirement accounts (both with your employer and those in IRA form);
5. Life Insurance policies;
6. Deed to real estate (condo, home, lake property);
7. Power of Attorney for Finances;
8. Power of Attorney for Healthcare;
9. Will and or Trust; and
10. Social Media accounts. 

Best wishes to all the newly minted married couples.  Remember, a blog is meant to spark thought and reflection, it is not legal advice.  Please consult with a licensed attorney in your home state for legal advice specific to your situation.  Thank you for reading, be well!

Estate Planning and the Family Tree

Estate Planning and the Family Tree

June 16, 2023

By Melinda Gustafson Gervasi 

This weekend we celebrate the fathers among us, sparking thoughts of family trees that make up our villages.  Estate planning focuses our attention on future generations, the limbs of the tree to come. We ask who and/or what will follow us, which helps us decide where to give the assets we leave behind at death. Yet there is the flipside to the family tree: the question of where we came from. 

According to a New Yorker article from May 2022, more than twenty-six million people have completed a genetic ancestry test since 2012. Genealogy is now reported to be America's second most popular hobby after gardening.  As you complete or update your estate planning documents, you may want to consider including some fashion of a family tree for the loved ones handling your final affairs.  Administering an estate is more than simply completing tax filings, selling property and donating clothing.  It is often a time of reflection for those closing out a home.  If you are a Wisconsin resident, the Wisconsin Historical Society offers genealogy webinars, workshops, and classes, with discounts for Society members. 

Image by M. Gustafson Gervasi, 2023

Please note that a blog is not legal advice, but rather a tool to spark thought and reflection.  It is best for you to seek legal counsel from an attorney 

A Parting Gift: 9 Things To Tell Your Personal Representative or Executor

A Parting Gift: 9 Things To Tell Your Personal Representative or Executor

By Melinda Gustafson Gervasi

June 9, 2023

For every minute spent in organizing, an hour is earned.

-Benjamin Franklin

A will and a power of attorney are the basic foundational documents of an estate plan.  For those wishing to make the end-of-life paperwork as easy as possible for loved ones left behind I encourage you to roll up your sleeves and dig a bit deeper.  Here are 9 things to write in a letter to your Personal Representative (the term we use here in my home state of Wisconsin, but known as Executor elsewhere in the United States):

1. Personal data, including: date of birth, dates of marriage(s) and divorce(s); Social Security Number; educational achievements along with the institution and date awarded;
2. People's contact information -- the phone number, email, mailing address of those named in your documents, relatives, close family friends, support network (childcare, pet sitter, etc.);
3. Pet care information, including: food and medication directions, Veterinarian's office, and a list of temporary or permanent caretakers for the animal(s);
4. Professional duties you hold, including: contact information for your employer or clients if self-employed, list of your professional organizations and memberships;
5. Comprehensive list of all assets, from bank accounts to insurance policies to collectibles to real estate holdings and investment accounts;
6. Details on liabilities - who do you owe money to from a mortgage to car payments to student loans;
7. Record of active Social Media accounts, such as Facebook, Instagram, Linked In, etc;
8. Monthly or annual subscriptions such as Netflix, Sirius XM, online newspapers, gym memberships and more; and
9. Your Professional Support Network, which includes: attorney(s), accountants, financial planner, lawn maintenance company, insurance company, etc.  

Image by M. Gustafson Gervas, 2023

For ages, back to the founding of our country, the act of organization has been recognized as a tool to increase efficiency and ease.  Remember that a blog is meant to spark thought and reflection; it is not a substitute for an attorney.  I encourage you to seek legal advice from an attorney licensed in your home state.  Thank you for reading.  Please share on social media with those who might benefit from these suggestions.  Be well!