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Word of the Month: Personal Representative By Melinda Gustafson Gervasi February 26, 2024 Personal Representative is the term used in Wisconsin to identify the person authorized to administer the estate of a deceased person.  In other states it is called an Executor. A will or a codicil (an amendment to a will) nominates a person for this role. The actual authority of a Personal Representative is expressed in a document called the Domiciliary Letter, issued by a probate court.   This explanation of the term, as offered in Wisconsin's Personal Representative's Handbook is academic . It helps understand the theory, but does little to help with real world application.  In my humble opinion, when thinking about who to nominate as the Personal Representative in your will, I say to aim for Switzerland .  Who is neutral, precise and efficient. Neutral -- who can you nominate that will be fair, reasonable, and not have a so-called dog in the fight as assets are liquid...

Estate Planning Pro Tip: Always Have a Back-up By Melinda Gustafson Gervasi February 19, 2024 The "back-up" lunch bags Oftentimes what prompts a client to schedule an appointment with me is either a Stage 4 cancer diagnosis, the death of loved one that caused a chaotic mess they wish to avoid for themselves, international travel from which a fear of our own mortality rises up enough to make someone want a will, or it is simply a New Years Resolution.  Rounding out the Top 5 motivations I've noted to prompt a client to create an estate plan is the birth of a child.  These are some of my favorite meetings because the chances are good the couple will bring their newborn infant to the signing.  With two teenagers in my home, time with a newborn is a precious moment. As any seasoned parent would, I will offer the new parents a tip or two.  I avoid the rote advice of "sleep while you can" for those meeting with me prior to the birth or "sleep when the baby sleeps...

Lesson from Grey's Anatomy: Revolutions Don't Schedule Appointments By Melinda Gustafson Gervasi February 12, 2024 Author's Hoodie -- a Christmas gift, with a touch of cat fur from Law Cat Confession time, I am one of the fifteen to twenty million loyal viewers of ABC's hit, Grey's Anatomy .  I find the characters' intensity and devotion to a career that must keep learning after the graduation hats are tossed to be similar to my field, the practice of law.  Rarely does an episode cause me to slip into thinking about work; it has proven to be a wonderful way to relax on a night or weekend.  However, recently while watching an episode in Season 17, I found myself nodding when Dr. Richard Webber made a statement to Dr. Jackson Avery -- "Son, revolutions do not make appointments".  The character was commenting on the Black Lives Matter movement that was a part of the show's storyline. I nodded because I thought to myself "nor does a medical crisis...

What to Tell Your Personal Representative: the 4 Ps By Melinda Gustafson Gervasi February 5, 2024 Image by M. Gustafson Geravsi, 2024 Weekly clients express a desire to make sure taking care of their final affairs is easy for the Personal Representative (known as an Executor in other states). Wishes are achieved by taking action.  Here are the 4 "P"s I recommend sharing with your Personal Representative to ease the process when you earthly time comes to an end: Personal Data -- include the basics such as Date of Birth, Social Security Number, dates of marriages, divorces or spouse/partner deaths as well as your religious affiliation, educational achievements and family tree. People -- who should be contacted upon your death?  With many people using cell phones the white pages of yesteryear are gone.  Provide up-to-date cell phones, addresses and email addresses.  Include the obvious close family and friends as well as those people you rely on: childcare provider, pet...