Nonprofit Offers: Caution! If It Is Free, You May Be The Product

Nonprofit Offers: Caution! If It Is Free, You May Be The Product

By Melinda Gustafson Gervasi

December 10, 2024

Too Good To Be True? As the calendar year comes to a close your inbox and USPS mailbox are likely filling up with solicitations from nonprofit organizations you value and support.  In recent years I have noticed a trend in the nonprofit world, one that gives me pause and raises my eyebrows.  Nonprofits are giving out free, online will programs. The “free will” offers may be tempting, but proceed with caution.  One nonprofit sent me a message that said “in under 20 minutes and just a few keystrokes, you could have a will”.  Sometimes the easy route is not the best route.  To quote President John F. Kennedy:

We choose to go to the moon in this decade and do the other things, not because they are easy, but because they are hard, because that goal will serve to organize and measure the best of our energies and skills, because that challenge is one that we are willing to accept, one we are unwilling to postpone, and one which we intend to win, and the others, too. 

The easy route may not be the most wise route.  Here are 5 things to keep in mind if you opt to create an estate plan through a free offer from a nonprofit:

1. If you are not paying for something then you are not the customer; you are likely the product being sold.  Before entering your information and wishes into an online platform, you may want to investigate how that data will be stored, managed, and possibly sold to other entities; 
2. Assumptions can be your downfall.  When working with clients, I have them complete a client questionnaire to gather information needed to create a plan.  More often than not, married clients will not list the name of their spouse as the primary actor for the various roles one assigns in an estate plan (agent for healthcare is an example).  It is not because they don’t want their spouse to act, it is because they assume the spouse is automatically granted this authority.  In my home state of Wisconsin that assumption is wrong.  A spouse is not automatically given authority to make decisions. Skipping over the spouse when completing documents essentially cuts the spouse out of decisions; 
3. Procedures in courts can be jurisdictionally quirky.  A Wisconsin will may state “I waive bond for my Personal Representative”, however, the court may ignore that wish and require bond for any out-of-state Personal Representative (called an Executor in other states).  This routinely happens in the county where I practice, yet this is not obvious to the lay person creating an estate plan on their own.  When learning of this practice, I have clients who opt for an instate Personal Representative rather than one residing outside of Wisconsin because the cost and time of getting bonded is an added obstacle in administering a probate;
4. Build in enough contingencies. When asked where you want your estate to go upon death you may answer “to my spouse, and if they are dead to my children”.  However, life can unfold in unexpected twists and turns.  It is good to ask what would happen to a child’s share if they predeceased you.  Would it go to their children if they had any?  Would you rather the share be split between your surviving children? What if your child was married and you wanted the share distributed to your in-law?  It can get complicated quickly.  The more layers you address, the more longevity your will is going to offer.  Free products may not give you this deep level of planning; and
5. Coordinate with your Non-probate assets.  A will distributes your probate assets; those are assets with no co-owner or named beneficiary.  A car or a home are typical examples, but it depends on how the asset is titled.  When you write a will it is vitally important that your beneficiary designations  are understood as well.  If your will says “everything to my children in equal shares” but the beneficiary form on your life insurance lists your sister, the life insurance goes to your sister.  If she were kind and gave those proceeds to your children to honor the intention in your will, she may be responsible for paying the federal gift tax.  The insurance money went to her, and then she was making a gift of it to your children.  The streams by which assets pass and flow can be complicated.  The 20 minute will you got for free for making an annual donation to a nonprofit may not only be insufficient, it may create an enormous headache for your loved ones.

Nonprofits are a wonderful aspect of our society. I admire them; so much that I wrote a book with the title Middle Class Philanthropist: How anyone can leave a legacy to encourage people to include charitable causes in their estate plan.  At the same time, I read email solicitations with a skeptical eye when they are offering free will kits.  Hopefully you will be able to make more informed decisions about these tools if and when you find an offer waiting in your inbox.

Keep in mind that a blog post is not legal advice.  It is meant to spark thought and discussion. Always seek legal counsel from an attorney licensed in your state of residence.  Be well, and thank you for reading.  

Afterlife: Nurture a Good Cause with Your "Stuff"

Afterlife: Nurture a Good Cause with Your "Stuff"

By Melinda Gustafson Gervasi

November 22, 2024

Earlier this month I read a short novel that explored the issues of sudden loss, grief, and human connection.  Afterlife by Julia Alvarez focuses on the newly retired Antonia who suddenly finds herself a widow.  A former English teacher, Antonia routinely pulls quotes and phrases from literature to apply to the situation at hand – and through the course of his novel she faces plenty of challenges.  In the year following her husband’s accidental death she is confronted with a sister in crisis as well as a young undocumented immigrant living on a neighboring Vermont farm who is about to give birth. Personally, while reading a specific passage in Afterlife I too had a quote jump to mind:

 “What we have done for ourselves alone, dies with us; what we have done for others and the world remains, and is immortal”. - Albert Pike

This quote by Albert Pike leaped to my mind when Alvarez described Antonia donating her late husband’s truck to a local charity; “...he lives on, in her choices and in the vehicle’s afterlife”.  One small phrase in the book linked directly to my work as an estate planning and probate attorney, and my 2013 book Middle Class Philanthropist: How Anyone Can Leave a Legacy.  Her husband’s earthly time had ended, but his favorite truck was given to a local charity for a low-income person in need of a vehicle.  Through her choices, his tangible items took on another life.  

Working with my estate planning clients, many toss their hands in the air in frustration – “what am I going to do with all of my stuff! My kids don’t want it.  My friends are as old as me!”  For those seeking an answer about what to do with all the things we have crammed into our homes and storage units, one option is to consider how tangible items may have a life after you are gone.  Turn to a beloved nonprofit as a possible answer. Here are a few suggestions that might speak to you:

• Donate household furnishings to a local nonprofit that helps people get settled into a home after being released from prison, being homeless, or as a newly settled refugee;
• Give clothing to organizations that help people with professional attire who are interviewing for jobs following a long period of unemployment;
• Add books to Little Free Libraries or donate them to public libraries that have book sales to support their services;
• Direct hobbyist or professional equipment to a trade school or school-based program;
• Suggest household plants be given to a low-income nursing home facility to add some cheer to the halls;
• Have a yard sale with no price tags, just donations that will go to a local nonprofit (have information on hand for the organization).

I hope this short list of ideas sparks creativity in your own mind - challenge yourself to find ways for all that stuff to promote something you cherish once your earthly days are over.  Please remember that a blog is not legal advice.  It is meant to spark thought and discussion.  Seek out legal advice from an attorney licensed in your home state.  Thank you for reading, be well, and share this post with others who might find it helpful.

Middle Class Philanthropy: How anyone can leave a legacy

Middle Class Philanthropy: How anyone can leave a legacy

By Melinda Gustafson Gervasi

November 8, 2024 

"Predating democracy, capitalism, organized religion, and as old as humanity itself, philanthropy exists because things often go wrong, and things can always be better". I wrote these words back in 2013 in a small book titled Middle Class Philanthropist: How anyone can leave a legacy.  Eleven years later I find myself pulled back to those sentences.  When life takes a wrong turn, we can lean into our own power and push to improve our world.  

Image by M. Gustafson Gervasi, 2024

At dinner this week my 16 year old son suggested our family add more charity runs to our family calendar.  “Mom, you know that run we are doing in March (2025) to support local refugees ... .are there more like that that we can do?”  My son knows that he can pour his cross country running ability and energy into a local organization to fuel a cause that he views as vitally important.  And so can you.

We are not all runners. We are not all wealthy.  Yet we can all be philanthropists. One chapter of my book opened with the following quote by Douglas M. Lawson, “Philanthropy flows from a loving heart, not an overstuffed pocketbook”.  After nearly 20 years as an estate planning and probate attorney I have worked with countless philanthropists; none of whom have a seven figure net worth.  All of them made a difference in the world they left behind.

November is a month with numerous Philanthropy Day events.  They almost exclusively focus on the common view of philanthropy; the top 2% giving to nonprofits they deem worthy.  Yet that does not have to be the only approach.  No matter the size of your gift, when done strategically, it can have a lasting impact on something you value and hold dear. Read more about every day people who made end of life gifts with a lasting impact in my book.  Simple approaches include naming a nonprofit as a primary or contingent beneficiary as a recipient of a small portion of:

• Retirement Accounts 
• Life Insurance 
• POD (pay on death) form for savings accounts 
• TOD (transfer on death) form for brokerage accounts 
• The residue of your will

Throughout November my blog posts will focus on philanthropy by Middle Class Americans.  Be the change you want to see in the world.

Thank you for reading.  Remember that a blog post is not legal advice; it is meant to spark thought and reflection.  Seek legal counsel from an attorney in your home state for advice specific to your situation.  Be well. 

Don't Forget to Plan for Your Pets: An Estate Planning & Probate Attorney Takes Cats to the Vet

Don't Forget to Plan for Your Pets: An Estate Planning & Probate Attorney Takes Cats to the Vet

By Melinda Gustafson Gervasi

October 28, 2024

Artemis Plays Hide-and-Seek in the Wall Cabinet - image by M. Gustafson Gervasi

Normally my household responsibilities are clustered on nights and weekends, leaving my weekdays available for clients.  Today was not one of those days.  A previously scheduled annual vet visit for two of our four cats was crowded out of my weekend calendar due to my high schoolers’ cross country commitments.  Fall is a busy time in our home.  So, on a Monday morning I threw on casual clothes (that would soon be covered in cat fur), fished out the cat carriers, and wrangled the twins in record time.  Cages secured, we piled into my car and headed south on Highway 14 to our vet clinic.  Both cats received clean bills of health and I had a nice chat with our veterinarian, someone I have known since we were in high school together.  The excursion was uneventful.  And for that I am thankful.  However, I am also prepared for challenging times.

Cats have been a part of my home my entire adult life.  As an estate planning and probate attorney, I have also taken steps to make sure the care of our furry family members is not compromised should I die or be too sick to care for my cat crew.  My estate plan includes a pet trust, which is more common than you might think.  I also have a Power of Attorney for Finances that explicitly grants my agent to make financial decisions regarding my pets.  

A pet trust is a tool that transfers ownership of any pets you own at death (legally pets are considered your property) as well as some cash funds.  The trust holds the pets and the cash, which is used by a trustee you appoint to pay for vet bills, grooming, food, medicine, etc.  My trust even says where any unused funds should be donated when the last of my pets dies.   But what if I do not die?  What if I am alive but too sick to manage their care?  Under my Power of Attorney for Finances I have included language so that my agent (first my spouse, second a local bank) can secure lodging, vet services, etc., if I cannot.  Having practiced estate planning and probate for nearly 20 years, I am aware that what used to kill us immediately no longer does.  We may survive, but not in a capacity to resume our prior habits and to live independently. 

Estate planning boils down to taking control of who will do what when you no longer can.  For all of my fellow pet owners out there, please do not overlook making plans for your feathered and furry family members.  Even if you do not have the time or financial resources to create the documents described here, take a few minutes to leave notes related to your pet companions.  Any amount of organization can be a gift in the event of a medical crisis:

• Name, location, and contact information for your veterinarian
• Name and contact information for pet sitter(s)
• Information on pet health insurance if you carry it
• Instructions for feeding, especially if prescription food is needed
• Instructions and location of medications
• Grooming schedule, including contact information for any professional service you use
• Name and contact information for short-term and long-term caretaker for your pet if you are in the hospital or care facility for an extended stay
• Notes on any subscription deliveries for food or supplies that are auto filled and delivered

 Please note, a blog is not legal advice.  It is meant to spark thought and reflection.  Please consult an attorney licensed in your state for counsel specific to your situation.  Thank you for reading.  Please share with others who might find this piece helpful.  Be well!

Decluttering! The Overlooked Aspect of an Estate Plan

Decluttering! The Overlooked Aspect of an Estate Plan

By Melinda Gustafson Gervasi

October 22, 2024

Cross Country Meet, Image by M. Gustafson Gervasi 2024

Confession, I am a competitive person.  Challenge me to something (within reason) and chances are I will bite.  Connect the challenge to decluttering my home, and you are guaranteed I’ll jump at the opportunity.  That was the situation late this past summer.  A dear friend posted a Facebook challenge for the Minimalist Game, and she tagged me.  Having played this game a few years ago, there was no hesitation.  I accepted the challenge; game on!  We were going to spend September purging items from our homes.  

The game starts out easy, on the first day of the month you purge one item from your home.  On the second day you re-home two items.  On the third day of the month, you remove three items. And it goes on throughout the month.  While it may start out easy, the game gets harder and harder as the number of daily items increases.  How do you get rid of 24 items one day and 25 the next?  Tossing an item into the trash becomes the obvious and most tempting option.  However, I am both highly frugal and concerned about overflowing landfills. I forced myself to seek out other options before adding an item to the garbage bin.

As an estate planning and probate attorney I regularly hear clients ask “how do I make my death as easy as possible on my family?” My answer is always to be as organized as possible.  And in the quest to be organized, consider a purge.  To be realistic one day you are either going to move, and move all of your things.  Or you will die, and someone else will move all of your things.  The fewer things you have, the easier it will be. So do not put off until tomorrow something you can do today, clear the clutter!  It will be a gift in the end, either or yourself or to your loved ones.

For our September game my friend and I modified the rules to reflect our busy lives.  We let go of the rigid requirement of on day 1 you purge one item, day two you purge 2, etc.  Instead we calculated the sum total of 1 to 30, which tolated 465 items.  That was our goal.  Next, we created a spreadsheet on Google Sheets and shared it with each other.  Kudos to my friend, she achieved her goal.  I however did not.  Life got in the way.  Too busy with work.  Then too busy with school events for the kids.  And then I just needed downtime to rest.  If I cannot remove 465 items from the very home I live in when I am operating under a normal schedule (not one driven by grief or urgency), then how will your loved one fare?  I did remove 350 items.  Here are some tips I can offer from my own experience:

• Have an accountability buddy – in this case my friend could see my progress (or lack of progress) on our shared Google Sheet.  We also texted one another pictures of car trunks filled, headed to the thrift store.  Get a buddy for this activity, it is a chore made more fun with a friend. 
• Document your progress.  A simple spreadsheet with a tally was a great way to stay aware of what progress I had made, and when I had started to stall.  It’s hard to ignore numbers.
• Give it away via Porch Pick Up.  Use social media to post pictures of what you are looking to re-home and set it out for pick up on your porch.  I am amazed at how quickly some items are snapped up. One person’s trash is another person’s treasure.  For example, September 1st I met a lovely neighbor who was delighted to take a bottle of whipped rum I pulled from the back of a cabinet.  It had sat on our shelf from a party long ago, and was not a taste my husband or I enjoyed.  A picture posted to our neighborhood’s Facebook page found it a new home in under an hour!  Hauling items away is a job in and of itself; use porch pick up and people will do the hauling for you! 
• Find a program with small children to take things you cannot recycle.  Whether it is your local elementary school, city library, or church youth group, these programs can turn old holiday cards, plastic straws and assorted belongings into art projects for kids.  It may one day end up in the landfill, but its life will be extended and that youth program won’t have to spend money on supplies. 
• Donate to a thrift store that supports your values.  In our home the go-to donation pile is for the Dane County Humane Society Thrift Store.  We are a cat family.  A four-cat family.  Yes, we have 4 felines in our loving care.  Which means we are at our limit….we cannot help another cat by opening our home.  We can however open our closets, cabinets, and drawers to purge items that are gathering dust.  My teenagers warmly embrace letting go of possessions when they know it might be sold at the thrift store, which uses the revenues to support the mission of the Dane County Humane Society.  What is your passion?  
• Do not put off purging for a rainy day.  If you have piles of plastic deli containers you might use one day, give them away now for someone who can use them now.  Chances are you won’t remember where you stashed them, and then you’ll find them 2 years later.  We live in a society that allows us to buy anything we need with a few simple keystrokes, and have it delivered to our doorstep.  If you think you are saving money by holding onto things, remind yourself you are paying money to store all of these collections.  Space is not free.  We all pay per square foot – in rent, or mortgage payments, or on lost investment dollars.  

Cold Kentucky Rain - Image by M. Gustafson Gervasi 2024

We are well into October now and the Winter Holidays are coming up quickly.  I plan to set another small purge goal for now until December 1st.  Dear Reader, you are my accountability buddy now – my challenge is to purge another 200 items from our home.  That is 50 items per human.  It can be as small as a notebook or as large as a piece of furniture.  Check back in December to see if I have any more lessons to share on the topic of decluttering.  It is an often overlooked aspect of estate planning.

Follow my blog!  Enter your email address above (upper right) to receive alerts for new posts.  And share this post on social media with those who might benefit.  And as always, remember that a blog is not legal advice.  It is meant to spark thought and reflection.  It is best to seek legal advice from an attorney licensed in your home state.  Be well and thank you for reading. 

 

A Lesson From The Bard On Estate Planning

A Lesson From The Bard On Estate Planning

October 14, 2024

By Melinda Gustafson Gervasi

Red taillights sprawled in front of us as we headed east along Wisconsin’s Highway 14.  It was after 10pm on a Sunday evening, and we were one of the many couples who had made the annual journey out to American Players Theater in Spring Green, Wisconsin.  As the road entered into the more populated suburbs it widened into two lanes and my breathing eased just a bit, as it always does when I leave a highway known for its deadly accidents.  High speeds, deer running about at night, and an undivided highway make for a tense drive.  Especially having just watched King Lear; a play where nearly every character dies in the end.

It was a night out for my husband and I.  Our teenagers were at home, focused on their homework with a simple pasta dinner.  Yet, sitting there under a night sky dotted with stars, my mind could not quite relax into the moment.  Instead it dashed about, just like the bats flying around the stage lights at this picturesque outdoor amphitheater situated in the woods of South Central Wisconsin.  As the three act play unfolded, my work brain kept kicking in.  I’ll blame Shakespeare...

The Stage at APT - Image by M. Gustafson Gervasi 2024

King Lear may have been written in 1604, however, it’s full of modern estate planning concepts.  It opens with the King directing his three daughters to state their love for him.  Two daughters comply, professing their love and devotion in front of an audience that senses their deception.  Lear’s third daughter, Cordelia, refuses to engage in such behavior and remains silent.  Her silence causes Lear to fly into a rage.  He banishes Cordelia and divides his kingdom between his other two daughters, Goneril and Regan.   Listen closing and you will hear the words of my profession: heir, issue, perpetual, and disclaim.  You will also witness the pain and suffering a parent may experience when they relinquish control of their assets to dishonest children.  Lear’s plan failed to unfold as he hoped, and he found himself descending into madness while wandering around in the middle of a horrible storm. Oh King Lear, why did you not consult your lawyer first!

If you would like to minimize the level of Shakespearian drama in your own estate plan, avoid copying King Lear.  Quite simply, do not make a plan when you are emotional.  Here are three simple ways to keep the emotion low, resulting in a sound estate plan that you will be content with:

• Gather information on your family, assets, liabilities and goals.  At my office I accomplish this through a client questionnaire.  The form helps my clients capture information and feelings about their estate plan.  
• Sketch out a draft of your plan, then pause to reflect on how it feels.  With my clients we meet initially to review their questionnaire and determine what documents they need and what the forms should say in order to accomplish their goals.  This meeting is followed by a second meeting held a week or two later.  Then I walk them through the forms paragraph by paragraph.  They can ask questions, and they can make edits.  It is the perfect time to dial back the emotion and drama a hastily made plan can generate.  
• About 10 to 14 business days later, finalize your estate plan by executing it in the presence of witnesses (each state in America has its own witnessing requirements – make sure you follow the correct laws).   

In play parlance, this would be three acts.  One, setting up the situation by gathering your thoughts and goals on estate planning.  Two, rising action where you see those thoughts on paper and decide whether to move forward or get out the eraser.  And three, the resolution of the situation by ending with a legal execution of the paperwork.  

Thank you for reading.  Keep in mind that a blog post is not legal advice.  It is meant to spark thought, reflection and conversation.  Always consult a licensed attorney in your home state for advice specific to your situation.  Be well and may your estate plan end in a less tragic way than King Lear's.

Want a Stellar Estate Plan? Have These 4 Conversations!

Want a Stellar Estate Plan?  Have These 4 Conversations! 

September 23, 2024

By Melinda Gustafson Gervasi

Image by M. Gustafson Gervasi, 2024

September is National Preparedness Month, which aims to remind the general public about the importance of being ready for disaster and emergencies.  In 2024 there is a specific theme, conversation.  The title “Start the Conversation”, is a campaign that nudges the public past its resistance about addressing potential risks and dangers. It encourages the public to have regular talks with loved ones about how to handle emergencies. While the focus of National Preparedness Month is on natural disasters, such as floods and hurricanes, the motivation fits well in my focus area – estate planning and probate.

Estate planning is the act of creating documents that state who should act if you are alive but too sick to make decisions about our health care as well as finances, as well as, who will handle your final affairs.  Moreover, an estate plan directs where your assets will go after death.  Illness and death are a given for all of us; it is not a question of “if”, but a question of “when”.  A sudden illness that leaves you incapacitated or an untimely death can rock the ground of your loved ones much more severely than an earthquake.  It will happen, so be prepared and take action now while you have the opportunity. 

Whether you are creating a plan for the first time, or you are updating an out-of-date plan, or you are looking to enhance your current documents, here are 4 conversations that will elevate your plan to A+ standards:

1 - Talk with yourself and get real with your situation.  None of us are immortal.  Illness and death will find us all, so act while you are able and take control over who you appoint to make decisions when you cannot.  Be honest with yourself and nominate people who have the skill-set to manage health care decisions, financial matters, and the assortment of final affairs tasks (filing taxes, making funeral arrangements, cleaning out your home).  

2 - Talk with your money people.  From your financial advisor to the benefits manager where you work, to the retirement office for your investments or pension – it is crucial you communicate with these people to confirm what you own and what happens to those assets or benefits upon your death.  Do not assume you know, confirm it. While we live in a digital age, I personally prefer a piece of paper to keep in my 3-ring binder that serves as an easy to access roadmap to those I’ve put in charge.  It is likely to be far easier for the person you appoint to open a binder you create than your phone, computer, email, etc.

3 - Talk with the people you appoint to act on your behalf.  When you nominate another person to make your health care and financial decisions when you are too sick to act, or appoint someone to handle your final affairs at death, talk with them about your wishes and preferences.  Even better, put those thoughts in writing. A simple letter with bullet points can be a lighthouse in the fog to someone who is not only grieving, but also making decision after decision in the wake of your death. Check out another post I wrote specifically on what to include in such a letter, click here.

4 - Talk with the caregivers you name in your paperwork.  For those with minor children, the legal way to nominate a guardian of your children is via your will.  Give great consideration to who nominate. Who shares your values on education, religion, money, and day-to-day habits? If you have teenagers, you may want to ask them for their opinion on naming a guardian.  Also, do not overlook your four-legged or feathered dependents - pet owners should also consider a plan for their animal companions in case of a prolonged hospital stay or death. Make sure these caregivers know the pattern of your everyday life in regards to your child(ren) and or pets: medications, allergies, schedule, and contact information for the organizations in their orbit (such as a school, day care, medical office, etc).

Now you have a blueprint for conversations that will elevate your estate plan.  It’s time to take action. Fall officially arrived in the Northern Hemisphere at 7:43am, Sun, Sep 22, 2024.  Here in Madison, Wisconsin, where I live, Mother Nature delivered a cold front with plenty of rain, wind, and cooler temperatures.  It’s the perfect time of year to pour a cup of hot coffee (or tea or cider) and start talking.  

Image by M. Gustafson Gervasi

Thank you for reading, and please share this article if you found it helpful.  You can also “Follow” my blog; enter your email by clicking Follow in the upper righthand corner to receive a message when a new piece is posted.  Remember that a blog is not legal advice. Rather, it is intended to spark thought and reflection.  Be well and thank you for reading. 

What's More Important Than an Estate Plan? The Act of Planning!

What's More Important Than an Estate Plan?  The Act of Planning!

By Melinda Gustafson Gervasi

September 16, 2024

OMG! Austin, in AUGUST! Are you both nuts???? My teenage son scoffed.

It will be hotter than Hades, this is crazy! Yelped my soon-to-be high school daughter. 

And so began our family discussion of driving from Madison, Wisconsin to Austin, Texas. In August!

It was early summer, and my husband and I had decided to chip away at our goal of taking our children to all 50 states. By Fall they would both be in high school.  The window for family vacations was narrowing. So I cooked up a route that would take us to 5 Presidential Libraries as well as towns with friends and family.  

My son, the elder of the two kids, realized this was not negotiable. We were going.  He is my realist and commented to his sister “well, they’ve made up their minds, we might as well look up good places to eat along the way!” 

And so it began; a 2500 mile road trip. We pulled out of Madison on July 31st with a plan:

• First stop - Iowa to see friends and visit the Hoover Presidential Library in West Branch, Iowa;
• Second stop – Kansas to see more friends and visit the Eisenhower Library in Abilene, Kansas;
• Third stop – Dallas to see family and visit both the George W. Bush and George HW Bush Libraries;
• Fourth stop - Austin, Texas to see the LBJ Presidential Library; and
• Fifth stop - Oklahoma City to see the Alfred P. Murrah Federal Building Memorial and the National Cowboy & Western Heritage Museum.

Backing out of our driveway with our vehicle packed with luggage and snacks, we reminded ourselves we have a plan that is subject to change.  Over the years our travels have included many mishaps forcing us to change plans due to illness, poor travel conditions, and vehicle troubles. 

Planning, it turns out, was also a topic of interest for our 34th President. On Day Two of our travels I found myself pausing in front of a poster in the Eisenhower Library.  “Plans are worthless, but planning is everything.” 

Image by M. Gustafson Gervasi, 2024

I was on vacation, yet my work mind instantly kicked into gear.  As an estate planning and probate attorney, the paradox created by Eisenhower’s quote caused me to pause and reflect on its meaning, and it has prompted others to write research papers on the apparent contradiction (click here for a link to one).  From my viewpoint an original plan may never happen due to constantly changing circumstances. However, there is great value in the planning itself.  Having a base plan allows for contingencies to come about more easily than if there had never been a plan.  Also,the process of planning helps us get our affairs in order to an extent better than if we had done nothing at all.

For those needing to create an estate plan, consider the following:

• Who do you want to make financial decisions for you if you are alive but too sick to act on your own?  If that person is unable to act, who is a good back-up?
• If you are unable to make your own health care decision, who in your circle of family and friends is best suited to speak for you?  Again, if that person is unable to act, who is a good alternative?
• Upon your death, who is the appropriate person to handle your burial and funeral?  Here in my home state of Wisconsin that automatically defaults to your next of kin.  For many people this default does not reflect their wishes about who will handle the arrangements.  Who would you name?
• After you have died, who is the best person to handle your final affairs?  In Wisconsin, the person who takes care of the probate is called the Personal Representative.  In other states the term is Executor.  This person will gather your assets, pay your final bills, sort through your possessions, file the taxes, and ultimately distribute your assets.  If the person you name is not able to act, who would you name second?  Would you name a person at all, or might you opt to bank a bank or other institution to perform these tasks?
• What should happen to the money and assets that you have left over after all the taxes, medical bills, funeral costs and other liabilities have been satisfied.  You may have an obvious answer, “my spouse” or my “children”.  However, life may not unwind as you predict.  What if you outlive your spouse and children?  Would you name a nonprofit or neighbor who has become your chosen family?  

Answering the Who and What questions is good.  Taking it another step or two out by asking what if they are no longer living will force you to create a plan that adapts to changing conditions.  

As for our road trip, no one got sick, we didn’t have car trouble, no venues were closed.  Our original plan unfolded and we visited all 5 Presidential Libraries as well as the friends and family along the way.  We ate well, learned a lot, and made some wonderful memories.  We are now settled into our school year schedules and routines.  Be well and safe travels for those heading out to see the Fall colors or check out foreign ports before the snow flies.

If you found this post helpful, consider sharing it with others.  You can also sign up (upper right hand corner) to receive an email for future posts.  Keep in mind that a blog is not legal advice.  It is meant to spark thought and reflection.  Be well and thank you for reading!

Artistic Cowboy, Bush Presidential Library

Joes BBQ - Kansas City, KS

Sign - Austin, Texas Food Truck Court

Images by M. Gustafson Gervasi, 2024

Lesson From Fisk, Season 2: Work Out Your Wishes Before Meeting the Attorney

Lesson From Fisk, Season 2: Work Out Your Wishes Before Meeting the Attorney

September 9, 2024

By Melinda Gustafson Gervasi

Season Two of the Australian comedy show Fisk ends with an all too frequent storyline -- the married couple that erupts into an argument as the attorney asks delicate questions about what happens when you die. In this episode Helen is working with a couple where there is a significant age difference, a baby from the union, and adult children from his prior relationship. As Helen asks questions the wife grows increasingly upset, objecting to the very notion that she might die.  It is clear she is at the meeting to prepare for her older husband to die. She goes beyond rattled by the mortality question into an entirely new level of upset, turning to social media and gottcha TV to turn her anger towards her attorney and away from the reality that death does not discriminate in favor of the young. 

My take-away from this episode is the importance for couples to discuss privately what will happen when one dies, when the other dies, etc.  Taking the "what if" question out a few layers helps reveal assumptions one holds but the other does not, or the process uncovers deep feelings about NOT giving certain family members any bequest.  After nearly two decades of writing wills I have witnessed firsthand the tension generated between couples who do not agree on a distribution plan.  Experiencing that is hard, and it is even harder when it unleashes in front of your attorney.

Remember that a blog is meant to spark thought and discussion; it is not legal advice.  Please consult an attorney in your home state for advice specific to your situation.  Thank you for reading.  If you find my posts helpful, considering sharing them on your social media.  Click above (upper right) to Follow this blog; enter your email, and receive a message when a new post goes live.

Lesson From Fisk, Season 2: Get The Name Correct

Lesson From Fisk, Season 2: Get The Name Correct

September 2, 2024

By Melinda Gustafson Gervasi

Episode 5 in Season Two of the Australian comedy Fisk takes the viewer on a tour of the probate landscape when a will mentions a nonprofit that no longer exists.  The show opens with Helen attempting to find the Australian Cat Welfare League.  Through a conference call with an American nonprofit of a similar name, she learns that in the 1970s the American nonprofit forced an Australian nonprofit with the same name to change its name.  However, a recently deceased client who did a will in early 1972 named the Australian nonprofit prior to the name change.  Now Helen has to sort out where to direct the $10 million dollar bequest.  Quirky adventures follow, but in the end (spoiler alert) she is able to deliver a huge check to support Australian cats in need.  Maybe it is my fondness for cats (we have four of them in our family home) or my interest in everyday people including nonprofits in their wills, but this was by far one of my favorite episodes.

My take-away here is two-fold.  One, you do not need to have $10 million before including a nonprofit in your will or estate plan.  Anyone, and I mean anyone can, with a bit of thought and plan, be philanthropic at death.  In 2013 I released a small book (Middle Class Philanthropist: How Anyone Can Leave a Legacy) meant to inspire this very type of bequest.  And two, if you are going to name a nonprofit be certain you have the full legal name as well as the phrase "or its legal successor organization" or something of that nature.  That way, when a nonprofit modifies its names (and they all seem to) the bequest will follow and avoid costly litigation on what you meant for the bequest.

Remember, a blog is meant to spark thought and discussion.  It is not legal advice.  Please speak with an attorney licensed in your home state for counsel specific to your situation.  Thank you for reading.  Click the Follow button in the upper right hand corner to receive future posts in your email in-box.  

Lessons from Fisk, Season 2, Don't Be a Dumpster Diver

Lessons from Fisk, Season 2, Don't Be a Dumpster Diver

August 26, 2024

By Melinda Gustafson Gervasi

Most families have them -- unique and quirky belongings that mean the world to us, but to others they are nothing more than rubbish.  Episode Four, Season 2 of Fisk has Helen overseeing the purge of a home as part of probate.  Out with the old before the property is sold and the new moves in.  Unknown to Helen and the crew she hires is the beloved Polish recipe book.  It's added to the trash, but only when the granddaughter comes into the office does Helen realize she mistakenly tossed something the value viewed as priceless.  Into the dumpster dives Helen, emerging with success and a need for a shower.

Avoid being a dumpster diver.  Work with family and friends to make sure the personal items that mean a great deal to us are called out with instructions on where the items should go at death.  Everything from photographs to hobbyist tools to rare collections, make a list of what it is, where you keep it, and where it should go. This may include: family, friends, co-workers, thrift stores, charitable organizations, or a museum or heritage center.  All it takes is an afternoon or two to review your belongs, identify what means something to you, and then sketch out a plan.

Thanks for reading.  Remember that a blog is not legal advice; it is meant to spark thought and discussion.  Please consult an attorney in your home state for advice specific to your situation.  Be well, and click the Follow button in the upper right hand corner to receive future posts. 

Lessons From Fisk, Season 2: Letter of Wishes, the Supporting Documents of Estate Planning

Lessons From Fisk, Season 2: Letter of Wishes, the Supporting Documents of Estate Planning

By Melinda Gustafson Gervasi

August 16, 2024

Episode 3 of Fisk, Season 2, has Helen working with two estranged brothers.  Once upon a time the two had played in a band together, but life took them separate ways.  Their unhappy mother addressed the break up via her will, in a manner that left one brother feeling left out.  Helen discovers that "Mum" had left a Letter of Wishes in the attorney file, which explains the reasoning behind the unequal distribution. And it provides for a remedy.  The take-away from this episode is the role of supporting documents in an estate plan.

Generally and estate plan includes your powers of attorney as well as a will and or trust.  When I work with clients I routinely provide them with sample letters.  There is one to the Personal Representative (called an Executor in most other states).  Another for the Trustee or the children's Guardian.  When you create an estate plan, do not overlook the opportunity to create a letter that provides some guidance or explanation of your thoughts and wishes.  It might just lead to the band getting back together again!

Thanks for reading, and check out Fisk on Netflix for some laughs.  Remember that a blog is not legal advice; it is meant to spark thought and discussion.  

Lessons from Fisk, Season 2 - Drafting a Will Can Be Boring

Lessons from Fisk, Season 2 - Drafting a Will Can Be Boring

By Melinda Gustafson Gervasi

August 9. 2024

Episode 2 of Season Two of Fisk contains possibly one of my favorite characters - the Millennial who wants to be the first to do a video will, branding it "Willennial".  Upon hearing Attorney Helen Tudor Fisk explain that an Australian will must be in writing, the young women scoffs and says "that's boring", then proceeds to pack-up and leave.  Karma intervenes and the Millennial receives a blunt reminder that life is short, plan while you can.  She rolls up her sleeves and completes a boring will with Helen.

Estate planning can be boring.  It is tedious in nature and revolves around arcane language.  Yet, none of us are not going to die.  Eventually, one day your earthly time will come to an end.  Plan while you can.  Accidents and sudden illnesses happen leaving you either incapacitated and unable to create documents, or you die without any plan at all.  

Here are some steps I use with clients to make this tedious task a bit more tolerable:

1. Break it down into small steps.  For example, start by creating your powers of attorney or updating your beneficiary forms.
2. Educate yourself.  When I work with clients there is a heavy dose of "teaching" going on.  Take the time to learn the language of estate planning.  For example, "issue" means your offspring by birth or adoption, forever.  
3. Work with a Buddy.  As the attorney I function as an accountability coach.  If you choose to do this on your own, consider aligning with a sibling or friend to make sure you are sticking with the plan.  
4. Treat yourself. Every client in my office is offered a piece of nice chocolate and the end of every meeting.  I joke "if you had to meet with me today, you deserve some chocolate!"  A reward is a great was to power through tedious work.

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

Lessons From Fisk, Season 2 - The Power to Destroy

Lessons From Fisk, Season 2 - The Power to Destroy

By Melinda Gustafson Gervasi

August 2, 2024

I'm back with another six-part series on lessons learned from the Australian Comedy, Fisk.  The show, set in Melbourne, focuses on Attorney Helen Tudor Fisk, who is an associate with a small law office that focuses on estate planning and probate.  I find the show to be a wonderful source of laughter in my otherwise intense and slightly stressful life as an attorney.

Season Two, Episode One focuses on a women who's mother has recently died.  A tenant in the back flat has placed a claim on the women's estate, stating she had intended to include him in the will.  I will not ruin the resolution for you, but I will say the show ends with an excellent example of a power enumerated in the wills I draft; #13 - the Personal Representative has the authority to demolish or erect structures.  Clients often express puzzlement for this power, but it does happen.

For example, many years ago I had a client who owned two parcels of land.  She built a garage that was over the lot line.  Then she died.  How do you sell property with a structure over the lot line?  In that case, the sister was the Personal Representative, and she used #13 to hire a contractor to tear down the structure.  Fish illustrates this same concept in a more dramatic fashion.  

 

Remember that a blog is not legal advice.  It is meant to spark thought and reflection.  Please consult an attorney in your home state for advice specific to your situation.  Thank you for reading!  Sign up for updates by clicking on the Follow button in the upper right hand corner, and then enter your email address.  Be well!

Procrastination Leads to Chaos: Tips for Creating an Estate Plan

Procrastination Leads to Chaos: Tips for Creating an Estate Plan

By Melinda Gustafson Gervasi

July 22, 2024

According to the 2024 Caring.com Wills Survey, 64 % of Americans state having a will is important, yet only 32% have one.  The study also reports that of those surveyed, 43% of respondents would wait until receiving a major medical diagnosis or having a serious health event to create an estate plan. After nearly 20 years of practicing estate planning and probate, I can say with confidence that waiting until you are really, really sick to create a plan is setting yourself up for a very difficult task -- likely increasing your chance of never actually completing a plan.  For example, any of the following may make it difficult if not impossible to create a plan for what happens at death:

• Your schedule is overtaken by medical appointments, tests and procedures leaving little time to dive into estate planning;
• Medications given for your treatment impair your ability to think clearly and make an informed decision;
• Medical bills dominate your budget, leaving little or no extra money to pay for estate planning;
• Your mobility is limited and you cannot easily travel to an attorneys office; and
• The risk of you being declared incapacitated removes your ability to create a plan.

I procrastinate in areas of my life as well -- my backyard is yet again a jungle of weeds.  I keep saying, tomorrow I'll go out and tame the chaos.  So far that tomorrow has not arrived.  My family jokes that the wildlife here in Madison, Wisconsin are content with the lack of attention I've given to the yard.  

The Toad of Whitney Way -- this guy (or gal) resides in my side yard, beneath the ferns and peonies that once stood in my late mother's yard.  Image by M. Gustafson Gervasi, July 2024.

With each passing day the chaos intensifies and I've reached the point of saying, "oh well, perhaps in the Fall I can cut it all back....or in the Spring, when life is calmer I will take care of the yard."  As I type this I know that unless I take action now, the yard will remain an unruly mess.  I offer you the following suggestions if you mean to create an estate plan, but have not yet done so:

1. Break the work into smaller tasks, making it possible to get some traction.  For example, start with filling out a form to help you organize your thoughts on who should do what if you are too sick to act or if you die.  Also, you could review your beneficiary forms to make sure they say what you think they say;
2. Outsource the work if your budget allows.  Consider hiring an attorney to give you the full-service attention you need.  For example, you meet with the attorney and tell them your goals and wishes, then the attorney drafts all the paperwork for you to sign.  It is likely far easier than you attempting to make sense of legal jargon and fill-in-the-blank forms;
3. Accept that perfection is not obtainable, and embrace the concept of "good enough".  Having some paperwork in place is a start.  Putting your thoughts for what you want that this moment is time is better than stalling as you try to sort out what happens in a dozen hypothetical situations down the road; and
4. Remind yourself that estate planning is about taking control.  There is very little we can control in this world, yet many of us crave control.  Embrace this as an area where you can make decisions and then put them in a legally binding format.  

A blog is not meant to be legal advice.  Rather it is a platform to spark thought and reflection.  It is best to consult with an attorney in your home state for advice specific to your situation.  Thank you for reading, and be well.  Click the box in the upper right hand corner to enter your email advice to receive notices for future posts.

Book Review: Our Last Best Act: Planning for the End of Our Lives to Protect the People and Places We Love by Mallory McDuff

Book Review: Our Last Best Act: Planning for the End of Our Lives to Protect the People and Places We Love by Mallory McDuff

by Melinda Gustafson Gervasi

July 12, 2024

Based on the recommendation of a longtime friend, I recently read Mallory McDuff's 2021 book, Our Last Best Act: Planning for the End of Our Lives to Protect the People and Places We Love.  Unlike many other green burial style books I have read, this one is more memoir than resource guide.  McDuff, an environmental educator at Warren Wilson College outside of Ashville, North Carolina spends a year exploring cost-effective and environmentally friendly burial options.  She states that many of her friends assume that flame cremation is greener than a conventional burial.  While that may be true, she sought alternatives that use smaller amounts of fossil fuels and include the family in after-death care.  Chapters explore options such as burials using shrouds and pine boxes to water-based cremation (known as aquamation) to body donation and human composting.  Beyond just a memoir, the book introduces the readers to new options in the area of final disposition, and includes references to organizations that support further growth in this area.  If you are interested in protecting the earth and or a frugal burial, this book would be worth the read.

I am always looking for new reading material related to estate planning and probate.  Whether it is non-fiction, a graphic novel, poetry, self-improvement, or classic fiction, please share any titles you might recommend.  Be well, and thank you for reading.

Independence, the Young Adult and Estate Planning

Independence, the Young Adult and Estate Planning

by Melinda Gustafson Gervasi

July 5, 2024

Goose Family (2 parents, 2 kids) on Lake Superior. Image Credit, Charles J. Gervasi, July 2024

Independence, it's on my mind this week as we celebrate America's freedom from the English crown.  It's also on my mind having spent a few days exploring Minnesota with my family.  It is a lovely area to spend long summer days; and the Twin Cities a viable college option for one if not both of my high school aged children.  The transition to adulthood is coming on fast, I can feel it.  With high school graduation and the magic age of 18, my children will have so many more freedoms.  And as a parent, I will loose the control that has been a part of the parenting process.

At the age of majority, which is normally 18, a child becomes an adult.  Decisions related to health care and finances become theirs and theirs alone.  In my home state of Wisconsin that means, as a parent, I no longer have automatic control to make decisions about their health care, their finances, or their school grades.  With the 18th birthday my children gain the ability to create their own Power of Attorney, one for finances and another for health matters.

A Power of Attorney is a legal document that says who can make decisions for you if you cannot.  It is the 18 year old who needs to choose to create these forms, and it is this young person who gets to select who to nominate for this power.  Commonly I receive calls at my office from parents who want to set up a Power of Attorney for a college bound student.  The reality that they cannot do this FOR their child can be a shock to the parenting system.  The responsibility is now that of the child, not the parent.  

For those newly minted legal adults, keep in mind the following estate planning forms you may want to create as you move into the next chapter of your life:

• Power of Attorney for Health Care -- who do you want to make your medical decisions if you cannot due to an accident or sudden illness; and
• Power of Attorney for Finances -- who do you want to manage your bank accounts, pay your bills, etc., if you are unable to do so because of sudden illness or injury.

The young are notorious for thinking "that will never happen to me".  Yet, it does.  Often as a complete shock.  The rock climbing fall that results in a traumatic brain injury.  The motorcycle or vehicle accident that lands you in the ICU.  A rare side effect to a prescription medication that leaves you incapacitated.  As an adult you have the ability to control who is allowed to make decisions if you cannot.  Completing these forms is a gift to your loved ones in the event the unthinkable happens, having a plan in place will ease their grief.

Now, enough with the gloomy talk.  Enjoy these summer nights. Look for fireflies.  Be well, and remember that a blog is not legal advice.  It is a platform to encourage thought and reflection.  Please consult an attorney in your home state for advice specific to your situation.

Insurance and Your Estate Plan

Insurance and Your Estate Plan

by Melinda Gustafson Gervasi

June 28, 2024

Image by M. Gustafson Gervasi, 2024 -- Focus on the Details

Happy National Insurance Day to all who celebrate!  Yes, today, June 28th, is a day set aside to encourage us to review of insurance policies.  It's a thing, look it up!  Let's use this day take a broad view of insurance in your life.  Common types of insurance include:

• Life (whole life or term policy)
• Disability
• Long-term Care
• Health (including dental and vision)
• Automobile
• Homeowners or Renters
• Pet Health Care

Whether you are in a car accident and are too sick to manage your financial world or your Earthly time has come to an end, someone is going to pick up the financial paperwork of your life and begin sorting it out.  Make that task easier by creating an up-to-date account of your insurance policies.  It can be as simple as handwritten notes on a piece of paper; the value is in organizing your thoughts and policies.

List the types of policies you carry along with the company that provides it for you and contact information.  If you can include a sentence or two about how the insurance works, that is ideal.  For example, if you carry disability insurance that kicks in after 90 days paying 1/2 of your salary, that is very helpful information to your Power of Attorney for Finance.

Completing this review may also help you identify areas where you have too much coverage, pinpointing an expense you may be able to reduce.  Or conversely, you may identify a weakness in your finances where adding or increasing insurance may be wise.  For example, if you took out term life insurance when you started your new career but have not reviewed it since getting married, buying a home and becoming a parent.  The policy you needed as a single renter may be very different than what you need today.

Finally, remember that what you write on a beneficiary form controls where a death payment for insurance will go when you pass.  Review those forms.  Are they up-to-date?  If not, make them so.

Thank you for reading.  Remember that a blog is not an attorney nor is it legal advice.  Please consult a licensed lawyer in your home state for advice specific to your situation.  My hope is that my writing will encourage thought and reflection.  Be well.

Wisconsin's Authorization for Final Disposition Form

Wisconsin's Authorization for Final Disposition Form

By Melinda Gustafson Geravsi

June 20, 2024

The author with her father, approximately 1976.

It was 11pm on a Friday night when the hospital called with the news that my father. who had been in palliative care for the past week, had left this Earth.  It happened just after my mother and I left his room for the evening.  Not in the best of health herself, my mother needed to rest at her home.  If he had control over his last breath, I believe my father waited until my mother was out of the room, a final effort to shield her from pain.

While we knew what was going to happen, until it actually did the shock and grief hovered above, descending first with the phone call, then deeper when we walked into his room for a final time to say a good-bye.  I will never forget my mother's gasp as she entered his room.  Lifeless, she knew and felt his absence.  

As we walked out of the hospital room door, the staff at the nurses station, with clipboards in hand, were ready to move things along.  The room was needed.  What were the next steps?  Which funeral home should be called?  We had one hour to give our response.  Yes, one hour at what was now well after midnight and the end of a very long week, and the final march of a very difficult illness that claimed his life. One hour to make several administrative decision.

Most people do not have an Estate Planning and Probate attorney in the family, but my mother did.  We had talked about the next steps and were able to put the plan in motion.  We had selected direct cremation with a specific funeral home.  We made one phone call, and that person started a phone tree to alert other loved ones.  

Even though my parents were proud of my legal education and solo private practice, I was still their daughter.  The toddler who rode her bike off the porch and into a window-well the day we moved into the family home.  The argumentative teenager who challenged them when limits on my freedom were imposed in the form of a curfew.  They listened, but often did not act on legal advice I offered.  Specifically. my dad never filled out Wisconsin's Authorization for Final Disposition Form, which allows a person to say who is in charge of making funeral and burial decisions as well as what types of disposition they want (cremation, green burial, funeral, etc.).  Given that my father was survived by his spouse, the authority flowed to her under Wisconsin law.  Yet, it was not without problems.  

Growing up my father often said he wanted a Catholic funeral and to be buried in the same cemetery as his parents.  Statements his son from a previous marriage knew.  However, in his later years as his health failed and he saw how others used cremation as an affordable alternative, his opinion changed.  He told me he wanted to preserve as many assets as possible for my mother and to "not waste good money on a pricey Catholic funeral".  Instead, my parents thought they should both be cremated and the ashes put to rest in a joint plot where my mother's extended family was buried.  In the end, it fit their life and needs.  Due to an estrangement with is son, this change of opinion was not shared.  And it came as a harsh surprise at my father's death. And that harsh surprise created even more tension at an already awkward funeral. 

If you live in Wisconsin and know who you want to make funeral decisions and you what type of burial you prefer, consider completing this free, fill-in-the-blank form.  It will make those hours immediately after death a bit more manageable for loved ones.  It will clearly state who should be in charge.  And it will convey your wishes to those with an interest in your final good-bye.  Many of my clients seek out ways to make their passing as easy as possible on their loved ones.  Take it from me, who learned from personal experience, this simple form is one way to convey your wishes and not have it appear that someone has "taken charge of your funeral", causing other loved ones to feel slighted.

Thank you for reading.  This blog is not legal advice, but rather a platform to spark thought and reflection.  Please seek legal counsel from an attorney licensed in your state of residence for advice specific to your situation.  Be well!

Word of the Month: Intestate

Word of the Month: Intestate

By Melinda Gustafson Gervasi

June 14, 2024

At first glance you may have thought this month's word to define was interstate.  We all have road trips on our minds as we dive into the heart of summer.  However, the word this month is intestate, meaning to die without leaving a valid will.  Over the years I have commented frequently on the fact that the laws governing estate planning and probate are state specific.  Each state legislature writes its own laws.  While there are common aspects to this area of law, you will find variation as you cross state lines.

Here in my home state of Wisconsin there is a statutory plan for what happens to a person's assets if they die without a valid will.  We call them the Intestacy Statutes and they can be found in Wis. Statutes, Chapter 852Chapter 852, where assets pass according to your next of kin. If you are a visual learner, check out this chart those shows next of kin relationships chart those shows next of kin relationships. 

Saying you died without a will may be technically correct.  However, if you never make the time to say where you want your assets to go at death, there is a plan already in place for Wisconsin residents, as noted above.  Our statutes make an assumption that you want them to go to your relatives.  Sometimes this true, many times it is not.  Writing an estate plan is about taking control of the situation.  You create a will (or sometimes a trust) to nominate someone to be in charge of your final affairs (called a Personal Representative in Wisconsin, an Executor in other states) and distribute your assets that did not have a beneficiary form or co-owner.  

As you are tempted by the lovely summer weather and consider putting off doing an estate plan, perhaps the power of taking control of the situation will be your motivation to get this task done now.  Or perhaps you need to go out, live it up, and circle back to this task once the dark and gray skies of November roll into Wisconsin.  Until then, the laws of intestacy are in place.

Remember that a blog is not legal advice, but a way to spark thought and reflection.  Always consult an attorney in your home state for advice specific to your situation.  Thank you for reading, and be well.

Welcome to June and All of Its Change

Welcome to June and All of Its Change

By Melinda Gustafson Gervasi

June 3, 2024

June has long been a month known to usher in change, both in terms of the seasonal weather to your daily lifestyle habits. Underneath the long, sun-filled days brought by the Summer Solstice, there are graduations and weddings.  There are cross-country moves and the laying down of roots in a new community.  New jobs bring human resources paperwork for retirement accounts and life insurance.  Our weekend calendars fill up with parties and celebrations.  Once the dust settles, it is important to exhale and assess whether any of these changes warrant you creating or updating your estate plan.  Three key events include:

1. Moving to a new state:  The laws of estate planning and probate are written by state legislatures, meaning the law varies from state to state.  If you created an estate plan ten years ago when you moved to Boston, but have now relocated to Minneapolis, new documents should be created;
2. Graduation and entering the workforce: With diploma in hand, many people walk away from student life and begin their career path.  Along with paid vacation, sick leave, and office holiday parties, many people will be creating retirement plans and acquiring work-based life insurance.  Making a plan for where those assets go upon death is one facet of the estate planning process. 
3. Saying "I Do": Two little words can radically change what happens if you are suddenly too sick to make health care or financial decisions, or if you die.  Not all states make the same assumptions.  If you have said "I Do" do not assume your spouse can automatically make decisions for you if you cannot.  Learn about the laws of your state, and then put your wishes into a legally binding format by creating and estate plan.

Niagara Falls, image by M. Gustafson Gervasi 2024

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