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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 collect...

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 ...

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 p...

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 y...