Pocket Peace of Mind: Estate Planning and Probate Lessons from Rome's Pickpockets to Today's Tech Scams

Pocket Peace of Mind: Estate Planning and Probate Lessons from Rome's Pickpockets to Today's Tech Scams

By Melinda Gustafson Gervasi

May 16, 2025

Streets of Rome, Italy.
Image by M. Gustafson Gervasi

Taking in the sites of Rome, Italy this past winter break, our itinerary read like the list of “Top 10 places for Pickpockets in Rome”: Roma Termini Train Station; the Colosseum; Trevi Fountain; the Vatican Museum; and Bus #64.  Yet, we felt prepared and did not experience the dreaded missing wallet or phone while traveling.  I read up about common pickpocket techniques in advance, purchased of a Baggallini anti-theft purse, and prepared a few responses to unsolicited offers of help (a common ploy thieves use to distract you abroad).  The trip was a success: we enjoyed the sites and returned to the States with our wallets, phones and passports!  Keep this story in mind as your life kicks into the high-gear of summer living.

Yes, your life is about to get busy.  From summer travel plans, to attending marriage ceremonies, to helping a recent graduate move, the weeks between Memorial Day and Labor Day weekend can flash past in a blur.  During these crazy busy days of Summer, be careful – do not let your guard down in regards to your finances or those you manage for a loved one.  Opportunists strike when the victim is off-balance and distracted. Empower yourself by learning about current ways scam artists attempt to separate you from your money.  

Relative in need: someone pretends to be a family member or friend who reaches out through email or phone and says they are in trouble and need you to wire money immediately.  Using AI technology, scammers can mimic someone’s voice with as little as 3 seconds of recording.  For example, using someone’s outgoing voicemail greeting, scammers can use AI to make it sound like that person is calling a loved one for help.

Charity appeal: you receive a call, email, letter, or social media request to donate to a charity that is actually fake.  Perhaps it is entirely made up, or the name is close to an actual charity.  Before donating, confirm that it is legitimate.  One resource is the IRS website and checking its list of verified nonprofit organizations.  https://www.irs.gov/charities-and-nonprofits

Playing the lottery in Panama.
Image by M. Gustafson Gervasi

Lottery or sweepstakes: receiving a message that you have won is foreign lottery, often with a prompt that you need to provide your bank account information to receive your winnings.  

Home Improvement: Before signing a contract or making a deposit, confirm the integrity of any home improvement professional or company.  Sometimes they will take a deposit and then return. Other times, while working on a minor project, they will break something intentionally that requires a lot more money to fix.  Word of mouth with your neighbors is a powerful way to find quality help around the house, followed up with a check at your local Better Business Bureau.

Free lunch:  There is no such thing as a free lunch is the saying; if you are invited to a free lunch or dinner to attend a “seminar”, know that it may come with high pressure sales techniques.

Free trip:  Watch out for offers of free travel that then require you to supply credit card information to hold the reservation.  Chances are there is no trip, and the scammers will use your credit card information to line their pockets.

Government money: From taxes to subsidies for home repairs to utilities, use caution if you receive a letter or email from a government agency requesting your credit card or banking information.  Always verify that what appears to be legitimate actually is.  Look up the contact information independently; do not use what is printed on the letter or email.

Drug plans: Scammers may pretend to be with Medicare prescription drug plans to sell you discount cards for medication that are not real.  

Identity theft: Scammers will steal your personal information and use it to open credit cards or loans in your name.  Guard information such as your complete legal name, date of birth, social security number, account numbers, and your mother’s maiden name.

Fake mail from financial service companies: From investment companies to banks to accountants, make sure an email or letter is not fake.  Scammers will use this method to try and get at your banking information.

For those who have been scammed, or simply received scam solicitations, consider making a report to any of the following:

• Adult Protective Services
• Long-term Care Ombudsman,
• Police or Sheriff
• Better Business Bureau
• Federal Trade Commission
• US Postal Inspection Service

Remember that a blog is not legal advice.  It is meant to spark thought and discussion.  I encourage you to seek counsel from an attorney licensed in your home state.  Thanks for reading, and consider sharing this post on your favorite social media platform.  Also, in the upper right corner you can enter your email address and receive notice for future posts.  Be well, and enjoy your Summer!

Beyond the Myths: 3 Steps to Understanding Estate Planning Law

Beyond the Myths: 3 Steps to Understanding Estate Planning Law 

By Melinda Gustafson Gervasi

May 9, 2025

"Pffhhhh, still saying this....? " I asked to myself as my eyes fell upon the sign posted in a local store.  "No, that’s not quite right", I muttered to myself.  The victim does not have the legal authority to prosecute shoplifters; that power lies with the District Attorney.  A victim can report a crime to the police, provide evidence (video surveillance for example), and express their preference.  But the ultimate decision to prosecute is for the District Attorney to make.  Over and over my legally trained eyes see half-truths and myths hovering over our understanding of the judicial system.  Even in my area of focus, estate planning and probate, the general public's knowledge is usually not quite accurate when it comes to the law.

The most common example I see relates to power of attorney.  “I need to hire an attorney.  My mom died last week, and I am her Power of Attorney.”  This statement is not accurate.  In Wisconsin the authority of a Power of Attorney terminates when the principal dies (Wis. Stats. 244.10(1)(a)).  “Technically you were your mother’s power of attorney, but that authority no longer exists”.  This is an important distinction because the person with authority to make decisions after a death occurs is called the Personal Representative here in Wisconsin (most other states use the term Executor).  As a result, it is the Personal Representative who needs to seek out legal counsel, not the Power of Attorney.  Depending on what documents were drafted and what they say, the person who was the Power of Attorney for finances may or may not be the Personal Representative.

Here are three things consumers can do to learn about the actual law, not myths and misconceptions, for estate planning and probate:

1. Explore Your State Bar Association's Resources: Most state bar associations have sections dedicated to providing information to the public about various legal topics, including estate planning and probate. For example, if you are in Wisconsin, you could visit the State Bar of Wisconsin's website. These resources often include plain-language guides, FAQs, and even directories to find qualified attorneys.  
2. Review Official Government and Court Websites: State government websites, particularly those of the legislature or judicial system, often contain summaries and explanations of the relevant laws and procedures. Look for resources from your state's probate court or the state legislature's website, as they may have official guides or FAQs about estate planning and probate processes. 
3. Seek Out Educational Workshops or Seminars from Reputable Organizations: Look for educational workshops or seminars on estate planning offered by trusted organizations. These might include local bar associations, community education programs, or sometimes even non-profit legal aid societies. These sessions are often led by attorneys and can provide accurate, law-based information in an accessible format. Be sure to check the credentials of the presenter and the reputation of the sponsoring organization.

Remember, a blog is not legal advice.  It is meant to spark thought and reflection.  Please consult an attorney licensed in your home state for advice specific to your situation.  Enjoy this post?  Consider sharing it on your favorite social media platform, and sign up for email updates when new posts arrive.  Enter your email in the upper right-hand corner.  Thanks for reading, and be well. 

Ensuring Smooth Transitions: Gene Hackman's Will Teaches Us the The Importance of Survivorship Clauses

Ensuring Smooth Transitions: Gene Hackman's Will Teaches Us the The Importance of Survivorship Clauses

By Melinda Gustafson Gervasi

May 2, 2025

“Alright, and then on page six of your will you will see the section called ‘Survivorship’ – this means that a person can outlive you, but not survive you long enough to inherit.  For example, if there is a car accident and you die at the scene and your spouse dies two weeks later, she did not survive you by 90 days (the time frame noted here in the will), so the will treats her as though she predeceased you and your assets will go to the contingency you named.”  Weekly, as I educated my estate planning clients on the basic mechanics of a will, I offer these comments.  In recent weeks I have started to point out that they may have heard about the Survivorship concept because the will of Actor Gene Hackman apparently did not have a survivorship clause. Meaning his share of their combined estate will likely be distributed according to the intestacy laws of New Mexico; flowing to his children who he may not have intended to inherit. “It always amazes me that an actor with an $80 million estate has a will without this basic concept – did they have their entertainment lawyer draft it?”  I say with a shake of my head, then I move on to discussing the next steps in my client’s estate planning process.  

Gene Hackman portrayed a savvy and skilled lawyer in the 1993 movie version of The Firm, but his real world estate plan appears to have been lacking. Survivorship clauses in a will are useful for several reasons:

• Preventing Double Probate: If beneficiaries die shortly after the testator, their estates would also need to be probated, resulting in additional costs and delays. A survivorship clause streamlines the process by avoiding this double probate.
• Ensuring Intended Distribution: As demonstrated in the example above, survivorship clauses help ensure that assets pass to the intended beneficiaries, especially in cases of simultaneous or near-simultaneous death.
• Avoiding Unintended Heirs: By specifying a survival period, you can prevent assets from passing to individuals you may not have intended to benefit.
• Clarity and Certainty: Survivorship clauses provide clarity and certainty in the distribution of assets, reducing the potential for disputes among heirs.

Keep in mind that some states may have default survivorship periods.  For example, in Wisconsin the default survivorship requirement is 120 hours ( or 5 days).  In the scenario of the married couple in a car accident, if there had been no will with a 90 survivorship requirement, the wife would have lived long enough to inherit.  Likely triggering a dual probate process. While it may seem like a minor detail, a survivorship clause is a vital component of a comprehensive estate plan. It provides crucial protection against unintended distributions and ensures that your assets pass smoothly to your intended beneficiaries.

Remember that a blog is not legal advice; it is meant to spark thought and reflection.  Please discuss survivorship clauses with your estate planning attorney in your home state. They can help you understand the implications and tailor your will to your specific needs.  Thank you for reading, be well!

Decluttering for Peace of Mind: An Earth Day and Estate Planning Perspective

Decluttering for Peace of Mind: An Earth Day and Estate Planning Perspective

By Melinda Gustafson Gervasi

April 22, 2025

Once again a gentle Spring rain greeted my teenagers as they silenced the alarms on their phones and started their day - Earth Day 2025.  Year round they bike to school; studded tires make a Wisconsin winter bike commute a possibility.  Now that the snow is behind us (we hope) its the wet days that spur them to ask for a ride instead.  I said no, not today, and sent them on their way.  And then I zipped up my rain coat, laced up my tennis shoes, and walked to the office in the rain.  

Morning walk - the sun arrives

My 30 minute walk gave me time to think about all the clients I have helped over nearly 20 years of practicing estate planning and probate.  Many put a huge amount of energy in writing documents, making sure they are stored correctly, and leaving written instructions.  The one area that seems to be neglected by many is the art of decluttering.  Having an estate plan on paper is a great thing; only 32 percent of Americans have a will.  But, if you really want to make your passing as easy as possible on the loved ones you leave behind, I suggest decluttering now.  It will be a gift to your loved ones, and to Mother Earth.

When you take the time to declutter now you can rehome items efficiently, minimizing what gets tossed into a dumpster.  You can also save loved ones hours and hours of time sorting through your possessions, trying to decide what to keep and what to toss, make all the more difficult because they are operating in a cloud of grief.

This is not a new topic for those who follow my writing.  Here are 2 different book reviews I’ve written that might motivate you to tackle the clutter yourself, and not leave it up to your heirs:

• The Art of Swedish Death Cleaning -- click here for the review.
• Inheriting Clutter -- click here for the review.

A blog is meant to spark thought and reflection - it is not legal advice.  Please consult with an attorney in your home state for advice specific to your situation.  If you have found this post helpful, consider sharing a link on your favorite social media platform.  Also, enter your email above, upper right, to receive a message when a new post hits. Be well, and thank you for reading.

National Healthcare Decision Day - What to Know

National Healthcare Decision Day - What to Know

By Melinda Gustafson Gervasi

April 11, 2025

“Brain, brain, what is brain” quipped my almost 15 year old daughter as we wove our way through information tables at the recent UW Carbone Cancer Center Open House.  Among the display tables, all featuring interesting swag, one table offered rubber gloves and the chance to pick up a human brain.  She quoted an episode from her beloved Star Trek (she is very much her father’s daughter in terms of Sci Fi preferences), and then quickly exited the area.  I on the other hand had a few questions for the eager medical students armed with knowledge and props.  As an estate planning and probate attorney, I routinely discuss organ donation with my clients as they complete a power of attorney for health care.  When we think about “donating my body to science” we likely do not think about the role actual human organs play in community outreach!  Now I have a new perspective to share with my clients.  I also have no insight into my scientifically inclined daughter – she will not be working with anything involving formaldehyde.

Organ donation used for community outreach

Ever the teenager, my daughter was not pleased to be spending her Sunday afternoon at a scientific open house.  “Mom, these events are for 3rd graders, not me.  And it SMELLS in here!”  I agreed, but countered with a positive “well, at least we know you don’t want to work with human organs.  Identifying what you do not want to do for a career is likely more important than settling on a specific career before you can vote!”  There is intense pressure on our teens to decide on a career path at an early age.  Sometime too early in this mama’s opinion.  And I offer this same approach to you dear reader, when it comes to making decisions and you feel stymied, start with ruling things out.  That may help you zero in on what you do want.  For example, it's time to make healthcare decisions.

Next week we’ll celebrate National Healthcare Decision Day on April 16th.  Organized by The Conversation Project. The day is meant to encourage Americans to make decisions about your healthcare preferences and to make those choices known.  Specifically, you can create a Power of Attorney for Healthcare where you can appoint another person to make your medical decisions when you cannot due to an accident or sudden illness. For example, the person can consent to surgery, schedule medical appointments, or set up in home healthcare.  Another document is called the Living Will (aka Advance Directive) which tells your medical team what measures you want in an end of life situation.  For example, whether you wish to receive life-sustaining treatments like CPR, dialysis, or mechanical ventilation.

Laws related to estate planning and probate are state specific.  Each state has its own set of laws and regulations related to powers of attorney for healthcare.  It is important to learn the laws of your state, and follow them accordingly.  Here in Wisconsin, we are not a “next of kin” state.  That means there is no automatic assumption under the law about who can make healthcare decisions for you if you are incapacitated.  As a result, the courts would then appoint a guardian.  This may be someone you would not have wanted to act.  If at all possible, make a decision about who should speak for you, and then make it legally binding by creating a power of attorney for healthcare.

You are likely the best person to decide who should act for you.  If this topic is new to you, consider the following factors when selecting your healthcare agent:

• Who has the time, or can make the time, to handle decisions if you are seriously ill
• Who has the skill set to be your advocate in the overcrowded healthcare world
• Who will honor your wishes and follow your wishes when making medical decisions
• Who will remain the most calm and level headed it you are in the ICU

Thank you for reading.  Remember that a blog is not legal advice, but rather a platform to encourage thought and reflection.  Please seek legal counsel from an attorney licensed in your home state.  Consider sharing this post on your favorite social media platform if others might enjoy it, and sign up above (upper right hand corner) to receive an email for future posts.  Be well!

4 Steps for Pet Lovers to Include in an Estate Plan

4 Steps for Pet Lovers to Include in an Estate Plan

By Melinda Gustafson Gervasi

April 4, 2025

Her name was Kiki, and she was a full-of-life 5 year old cat who all of a sudden found herself in need of a new home.  When her human companion suffered a sudden and severe illness, it became clear that under no circumstances would they be able to continue sharing the downtown condo they had called home.  Like countless other animals, Kiki's path was uncertain – now what?  

It was the promise of a dear family friend that secured Kiki secured a new family.  And that family is my own. Kiki's sudden need for a second family is not unique, and is one I routinely discuss with clients.  Now aged 18, she remains full of sass and demands her breakfast and dinner with the precision of a Swiss train. 

When assisting people in drafting powers of attorneys, wills, and trusts – I routinely ask them “what if questions”.  And more often than not I hear “Oh, I hadn't thought of that!”  In the case of clients who are human companions to dogs, cats, and other animals I offer the following suggestions:

• Program the ICE in your Smart Phone (it's the In Case of Emergency key) to have a Pet Contact. Should you be in a car accident or other situation where you are fall ill away from home, make sure emergency personnel know about animals in your home that may need care within the next 12 hours.  It is common practice for authorities to use your phone to locate loved ones, and it can alert them to special circumstances in your home.
• Post a Care Contact Document on your fridge.  Parents of young children often have a magnet on the fridge with the phone number for the pediatrician, etc.  Those with animals in the home should create a similar document and list: name and phone number of veterinarian; list of prescription food or medicines for each animal, if any; contact information for a short-term pet sitter; and the name and number of one or two people who are willing and able to offer a new permanent home to an animal.
• Create powers of attorney for finance, which allow your agent to manage your financial affairs if you are alive, but too sick to act.  This should include services related to animal health and care.
• If medical or other care costs will be a financial burden on future caretakers, consider creating a pet trust in a will.  This tool can be simple (usually four paragraphs long), and allow you to transfer animals and money to a trust managed by someone you appoint, cared for my a person of your choosing, and direct where any remaining monies should upon the death of the animal.

Ms. Kiki - now aged 18

Please know that a blog is not intended to be legal advice.  Rather, it is meant to spark thought and reflection.  Please consult with an attorney licensed in your state.  Be well, thanks for reading, and share this post on your preferred social media if you think others might enjoy it as well!

Financial Elder Abuse: What is It and What to Look For

Financial Elder Abuse: What is It and What to Look For

By Melinda Gustafson Gervasi

March 14, 2025

Waiting for the A line on the BRT

Once a month I bus to downtown Madison, WI for a Legal Association for Women luncheon.  Over a lovely meal at Copper’s Tavern the group listens to a guest speaker, fulfilling our requirement to complete 30 hours of continued legal education every two years.  I enjoy my Sweet Corn Salad with Chicken (yes, I get the same meal every month) while a speaker expands my knowledge on subjects outside my area of focus.  This past week the speaker was preaching to the choir; as an estate planning and probate attorney I have a front row seat to the growing concerns related to elder financial abuse.  

What is elder financial abuse? It involves the illegal or improper use of an older adult's funds, property, or assets. It can range from simple theft to complex schemes involving power of attorney. A power of attorney is a legal document that gives authority to someone you appoint to make financial decisions for you.  Sometimes this power is only “triggered” if you are incapacitated and unable to act.  Other times it takes effect immediately.  It is up to you to decide under what conditions you want another person making your financial decisions.  Note, at death the authority to act for you ends.  

Concerned about an older loved one that might be subject to financial abuse?  Keep the following in mind:

1. Sudden Changes in Financial Habits:

• Are there unusual transactions in your loved one's bank statements? 
• Look for large or frequent withdrawals that don't match their typical spending patterns.  
• Are there new "friends" or caregivers exerting influence. 
• Be wary of individuals who suddenly become overly involved in your loved one's finances. 
• If your loved one suddenly alters their will or trusts, especially under pressure, it could be a red flag to abuse. 
• If your loved one is struggling to pay bills despite having adequate income, it could indicate financial exploitation. 
• Are valuable items like jewelry, electronics, or artwork disappearing?

2. Behavioral Changes in the Elder:

• Does your loved one seem afraid or uncomfortable around a particular family member, caregiver, or friend? 
• Are they withdrawing from social activities or becoming isolated from friends and family? This could be a sign that someone is controlling their access to others. 
• While cognitive decline can be a natural part of aging, sudden changes in mental clarity can also be a sign of manipulation or abuse.
• If your loved one becomes secretive or defensive when asked about their finances, it's a cause for concern.
• Are there signs they are not receiving adequate care, even though they have the money to pay for it?

3. Actions of the Potential Abuser:

• Does someone consistently interrupt or monitor your conversations with your loved one? 
• Are they constantly asking for loans or gifts? 
• Do they have access to bank accounts, credit cards, or online banking without a clear explanation? 
• Are they pressuring your loved one to sign documents without allowing them to consult with an independent attorney?
• Do they control the elder's access to mail, phone, or transportation?

Prevention may be key to keeping our seniors safe.  When possible, stay in close contact with your elderly loved ones and encourage them to discuss their finances with you. Help them understand their financial options and how to protect themselves from scams. Periodically review bank statements, credit card bills, and other financial documents for any irregularities.  For those in Wisconsin, there is an Elder Abuse Hotline to call to leave an anonymous report.  You can call 1-800-586-0107 or visit www.gwaar.org. 

Thank you for reading.  As a reminder, 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 advice specific to your situation.  Again, thank you for reading.  Be well!

And The Academy Award Goes To…..Estate Planning Nightmares

And The Academy Award Goes To…..Estate Planning Nightmares

By Melinda Gustafson Gervasi

March 7, 2025

Sunday dinner was prepared far earlier than normal, a fact that did not slip passed my always hungry teenagers.  March 2nd marked the 97th annual Academy Awards, and even though I had not watched a single nominated film this year, I was determined to keep my tradition of watching the big show.  Dinner was ready early, and I settled into my favorite chair by 6pm to enjoy the glitz and glamour of Hollywood.  

Brush with a Start: Author (Melinda) with LeVar Burton
and her spouse, a huge Star Trek Fan 

Unlike prior years, the crop of films being recognized this year do not appear to delve into the nitty gritty complexity of family tensions in estate planning. However, several Oscar winning films of the recent past do just that – reflecting the real-life complexities of families and inheritances.  Family tensions, long-buried resentments, and unexpected inheritances can all collide, leading to dramatic and often heartbreaking consequences. Let's take a look at three films that illustrate this point:

1. The Descendants (2011)

This poignant film starring George Clooney delves into the complexities of family, grief, and land ownership in Hawaii.  The film highlights the importance of clear communication and planning, especially when dealing with significant assets like land. It shows how differing opinions and hidden family dynamics can surface when major decisions need to be made about an estate. The emotional weight of inheritance, and the responsibilities that come with it, are powerfully displayed.

2. Knives Out (2019)

This clever whodunit showcases a wealthy family riddled with secrets and greed, all vying for their patriarch's inheritance. "Knives Out" serves as a cautionary tale about the dangers of unclear or hastily changed wills. It underscores the importance of carefully considering all potential beneficiaries and the potential for family conflict when large sums of money are involved. The film brilliantly shows how hidden motivations can destroy family bonds.

3. Rain Man (1988)

This classic film explores the relationship between two estranged brothers, one of whom is autistic, and the inheritance left by their father. "Rain Man" highlights the importance of considering all family members when creating an estate plan, including those with special needs. It also raises questions about guardianship and the ethical considerations involved in managing someone else's assets. It shows that sometimes, inheritances can be a catalyst for family reconciliation, though it is often a very bumpy road.

Key Takeaways from these three films:

1. Communication is crucial: Open and honest conversations with family members about your estate plans can prevent misunderstandings and conflict. 
2. Clarity is essential: A well-drafted will or trust can ensure your wishes are carried out and minimize the potential for disputes. 
3. Seek professional guidance: Consulting with an estate planning attorney can help you navigate the complexities of inheritance and create a plan that protects your loved ones.

These films provide entertaining drama, they also offer valuable lessons about the importance of proactive and thoughtful estate planning. Don't let your family become the subject of a real-life estate planning nightmare.

As we move through 2025, I vow to return to my movie going ways -- hopefully I will see most, if not all, of the films nominate at the next awards ceremony.  Thank you for reading!   Remember, a blog is not legal advice.  Consult with an attorney, licensed in your home state, for advice specific to your situation.  Be well, and subscribe to my blog (enter your email in the upper right corner) so that you never miss new content.

What Exactly Is An Estate Plan?

What Exactly Is An Estate Plan?

By Melinda Gustafson Gervasi

February 28, 2025 

Crown - Copenhagen, Denmark, Image by M. Gustafson Gervasi

“So, what exactly is an estate plan, and do I need one?” asked the client seated across from me earlier this week.  “Um, my life is really pretty simple…do you think I need something like that?” they added.

My response was a simple “Yes”. To me an estate plan means preparing for illness, death, and taxes. It may not look like the estate plan used by the rich and famous, but it will address preparing for illness and death”

Here are common types of documents that make up an estate plan:

• Power of Attorney for Finances is a document that allows another person to handle financial tasks and decisions, such as banking, taxes, real estate, legal actions, and professional assistance if you are alive but too sick to act.
• Power of Attorney for Health Care – is a document that gives someone else the power to make health care decisions for you if you are unable to do so yourself.  For example, consenting to surgery, coordinating in home health care, or securing long-term care. 
• Advance Directive (also known as a Living Will) is a document that allows you to express your wishes about feeding tubes and other life sustaining procedures if you are in a persistent vegetative state or are terminally ill and the physicians do not think you will recover. 
• Authorization of Final Disposition is a government form that allows you to designate a person to make burial and funeral arrangements as well as express your intention for cremation or green burial.  In Wisconsin, when you die your powers of attorney end and our statutes assume your next of kin will make burial decisions.  This may not mirror your wishes, especially if you are in a committed relationship but not legally married.  
• Beneficiary designations are labels you place on assets that direct the assets distribution at your death.  You can create these for life insurance, retirement accounts, pensions and annuities with a death benefit, financial investments (brokerage, HSA, money market, etc), standard bank accounts such as checking, savings, and CDs, as well as real estate in some states (in Wisconsin it is called a Transfer on Death Deed).  
• A will is a legal document that facilitates probate (a will does not avoid probate).  A will tells the court who will be in charge of administering your estate (called an Executor in many states; in Wisconsin the role is called Personal Representative); nominates guardians for any of your minor children; and distributes property that did not have a co-owner or named beneficiary.  
• Living Revocable Trust is an instrument that you create during your lifetime to hold your assets, and then upon your death the instrument states where the assets held in trust shall be distributed.  This designation means they pass outside of the probate process.  They are very useful in states with high probate fees.  

The expression Estate Plan may come off as highfalutin; do not let it deter you from the important work of creating a plan for illness and death.  Without legal documents in place, a sudden illness or death can cause chaos on top of grieving.  Make the time to make a plan, then put it into a legal binding format that conforms to the laws of your state of residence.

Thank you for reading. As a reminder, a blog is not legal advice.  It is meant to spark thought and reflection.  Please seek legal advice from a licensed attorney in your state of residence.  Make sure to receive future posts; enter your email in the upper right corner to receive notifications when new material is posted.  Thanks again for reading, be well!

What I’ve Been Reading: Let’s Talk About Aging Parents: a real-life guide to solving problems with 27 essential conversations by Laura Tamblyn Watts

What I’ve Been Reading: Let’s Talk About Aging Parents: a real-life guide to solving problems with 27 essential conversations by Laura Tamblyn Watts

February 18, 2025

By Melinda Gustafson Gervasi

“Ahhhh, Mom….why are you reading a book about aging parents?” asked my observant 14 year old.  With her head tilted just so she added “....um you know we don’t have grandparents, right, you “k”?”  Rather than be frustrated with my teenager for pointing out the obvious and conveying with her eyes a concern about my possible dementia, I classified the moment as one in which my child’s maturity is starting to deepen.  The simple “k” being her way of saying “mom, are you doing okay?”  Smiling, I reminded her that I often read books for work to find ones my clients might enjoy.  Well aware that we have no “aging parents” on either branch of our family tree, I still picked up a copy of Let’s Talk About Aging Parents: a real-life guide to solving problems with 27 essential conversations by Laura Tamblyn Watts at our local library.

Book, tea, and more books.

True to its title, the book presents 27 chapters, each addressing a discrete topic covering a wide and realistic range of issues.  From how safe a home is to legal documents to addressing drinking problems of the elderly, the book is easy to read and offers a variety of conversation starters.  Most of us either have an elderly loved one in our family circle or may be ourselves the aging person others care about; either way, most readers can read this book and finish with a few useful tools and things to think about.

What stood out to me the most was the book's approach to the reality of life.  How to approach thorny conversations that reflect modern life is the biggest asset of this book.  For me (who lost both of her parents at a relatively young age due to alcoholism) I appreciate how the book addresses the issue of elderly drinking.  A reality of life in many homes, but one not portrayed on Thursday night sit-coms.  

If I had to point to a weakness in the book, which any solid book review should do, I would say it was the section on estate planning documents.  The reader is left feeling like they could and or should guide their parents through the process of setting up powers of attorney, a will, and or trust.  From where I sit as an estate planning and probate attorney, I find this problematic. An ideal situation for me is to hear directly from a client who wants to create or update an estate plan; I do not want the child to contact me saying “my parent needs to do work with you.”  The appearance of undue influence is so easily created by an overly helpful child trying to get paperwork in order.  Keep that in mind as you work to assist your parent, but not cross the line into taking over.

All in all, I think most readers will enjoy this book.  My favorite take away are here 3 rules: keep moving, but never rush; ask for help if needed; and stay hydrated.  This is the perfect example of her easy to embrace suggestions for navigating life with an older loved one.  

My 14 year old.....before the more mature side kicked in.

Thanks for reading!  Never miss a post; follow this blog by entering your email in the box located in the upper right hand corner of this page.  Remember, a blog is not legal advice.  It is meant to spark thought and reflection.  Please consult with an attorney in your home state for advice specific to your situation.  

Embrace A Low-Tech Foundation For Your Estate Plan

Embrace  A Low-Tech Foundation For Your Estate Plan

By Melinda Gustafson Gervasi

February 7, 2025

Geroges -- everyone paid attention!

“Rome is a lasagna,” said Georges, our tour guide for Palatine Hill, the Forum, and The Colosseum, “we have built layer upon layer.” Spry and a fountain of information on Roman history, Georges filled my brain not only with basic facts about Rome, but he planted a seed in my mind to reinforce the importance of a quality foundation in my verbal and written work as an estate planning and probate attorney.  

Roman Holiday

For just about twenty years I have spent my working days counseling on the ins and outs of estate planning and probate.  As a result of my work in this often gloomy area of life, I know that tomorrow is never guaranteed.  Rather than wait until my retirement years to travel, I work travel in whenever our schedules and budgets allow.  That is why this past December, Santa pulled out the passports and delivered my family a Roman Experience as a holiday gift.  

As we toured the modern capital city, its lengthy history was constantly visible. The sun soaked structures upon which Rome was built reinforced the power of a solid foundation. Foundation – the word means the underlying structure or backbone of a building or enterprise.  It provides essential support, allowing for stability and longevity.  For those interested in building a solid and sound estate plan, start with your fundamentals.  Specifically, review what foundation do you have in place for your estate plan.  Can it be built on overtime?

Roman Foundations, the Lasagna Style of Building

In addition to my wanderlust, I am also a luddite.  My interest in travel fits well with my spouse’s travel habits, but my resistance to technology leaves him baffled.  In his defense, he is an electrical engineer who spends his working days designing the green printed circuit boards in medical devices (and other electronics).  He loves the digital world, while I am a bit more skeptical.  That is why our estate plan is built off of a 3-ring binder rather than a digital application.  

My resistance to digital estate planning approaches is how quickly they become obsolete.  If I were to attempt to access files from my undergraduate days at UW-Madison I would hit a brick wall.  Back in the early 1990s everything was stored on floppy disks.  I cannot just open those up. Yet, I can easily flip through writings from my middle school and high school years because they were on paper and stored in a trapper-keeper.  And, not only can I just flip that trapper keeper open, so can my kids.  Ease of access is my primary draw to using a tangible system upon which to create an estate plan.  

Examples of low-tech, easy to access, and affordable foundations for your estate plan include:

• three-ring binder; 
• drawer in a filing cabinet; 
• portable plastic storage box; and 
• small home safe

Thank you for reading.  Please remember that a blog is not legal advice; it is intended to spark thought and reflection.  It is always best to seek legal advice from an attorney licensed in your state to address your own unique situation.  If you found this post helpful, consider sharing it on your favorite social media platform.  And never miss a post; become a “follower” of this blog by entering your email in the prompt above (upper right).  Again, thanks for reading and be well.

Looking for A Solid Estate Plan? Who You Appoint is Key

 Looking for A Solid Estate Plan?  Who You Appoint is Key

By Melinda Gustafson Gervasi

January 30, 2025

As I approach my 20th anniversary of operating an estate planning and probate practice I find my mind cataloging lessons I have learned along this journey.  There is the flippant quip that the word deceased is typed entirely with my left hand.  Interesting, but not of much value in terms of passing along wisdom.

Which brings me to today’s blog post.  Without doubt, a primary motivator for my clients creating or updating an estate plan is to have things in order so that their death is as easy as possible on their loved ones.  Just this week a client asked for my opinion on a decision, stating “I’ve never died before, so this is all new to me….what do you think?”  Well, I have not died before either, but for two decades I have paired my estate planning work with a practice administering probates and trusts.  My take-away has been that far more than the tool you use (oh that eternal question, should I use a will or a trust) it is who you appoint to handle your final affairs that matters the most.  It’s the who, not the what.

Delay, discord, disaster – they all seem to stem from a person who is in charge that is well beyond their skill set.  Perhaps they are a smart person, but simply do not have the bandwidth to take on all that is involved in dying.  So the work is pushed off and off until a crisis develops.  Managing a crisis is never ideal.  Other times the person put in charge has the time and skill-set, but not the best temperament when interacting with other loved ones who are also grieving.  Perhaps they relish the chance to finally take the reins and do exactly what they have wanted to do for so long, forgetting the feelings of others involved.  And sometimes the person who finds themself in charge of a probate estate or a trust is simply not good with details and numbers.  “Oh, I didn’t know that” is not a viable defense when the IRS starts asking questions about income tax filings that were wrong, or never even filed.  Trust me, no one enjoys an IRS inquiry.

Estate planning is one area in life where you can take control and make things happen.  Whether you need a Personal Representative (that is the title we use in Wisconsin, other states use Executor) of your will or you need a Successor Trustee for a Living Revocable Trust (the go to for residents of California) give a good deal of thought to you name to be in charge of final affairs.  Aim for Switzerland.  Who in your life is efficient, precise, and relatively neutral.  If no one fits that bill, look for a corporate entity to act as your fiduciary.  

Image by M. Gustafson Gervasi, 2025, Hamburg, Germany

Thank you for reading.  If you have found this helpful, considering sharing it via your favorite social media platform.  Remember, a blog is not legal advice.  It is meant to spark thought and reflection; please seek legal counsel specific to your situation in your state of residence.  Be well!

Don't Let Frugality Complicate Your Estate

Don't Let Frugality Complicate Your Estate

By Melinda Gustafson Gervasi

January 21, 2025

It's waiting for that lazy morning when I have time to bake.....

A piece of satire from our neighbors to the North recently popped up in my social media feed.  Woman with freezer full of overripe bananas dies never having made banana bread – the algorithm decided this 2017 piece from The Beaverton (Canada’s version of The Onion) should rise to the top of digital articles waiting for my eyes.  So yes, the algorithm nailed it.  In my professional world I tend to read about end of life regrets and assorted issues; I’ve been practicing estate planning and probate law for 20 years.  And in my personal life, I have a freezer full of ripe bananas waiting for the one lazy morning when I have time to bake.

Show of hands – who else stashes useful items away for the proverbial rainy day.  Bananas in the freezer?  Check.  Twist ties from the bread bag in the kitchen drawer?  Check.  A precarious tower of boxes in assorted sizes waiting to be summoned to the frontlines to deliver a package?  Check.  My inner frugal identity runs deep and strong.  Why buy a box to ship something to my family in Texas when I can hold on to one that recently delivered slippers for my teens holiday gift.  Frugality is great.  But sometimes it needs to have a reality check because our cabinets, drawers and freezer become overrun with good intentions.  So I either need to bake the banana bread already or acknowledge reality and clear out the freezer.  As I often quip to my husband – one day will either move or we’ll die, but eventually someone has to deal with all of this STUFF.

Personally I find a deadline creates a nice boundary to tackle a task.  February is going to be my “use it up” month for kitchen supplies that have been hanging around a bit too long.  At the end of the month, it I still have an item (think of those bananas) I will:

• Offer it to friends or neighbors via email or a social media post
• Donate non perishable and unexpired items to my local food pantry (the entryway of our library has a collection bin)
• If suitable, add it to my backyard compost
• If suitable, drop it in my recycling bin (those boxes towering in the basement)
• Consider if a charity thrift store can sell it to raise funds
• What creative ways do you use to keep your closets and cabinets neat and orderly?  Share a comment!

Remember that a blog is not legal advice; it is a tool to spark thought and conversation.  Always seek legal advice from an attorney licensed in your home state.  Thank you for reading, be well!

Piece of Cake: 12 Ways to Boost Your Estate Plan

Piece of Cake: 12 Ways to Boost Your Estate Plan

By Melinda Gustafson Gervasi

January 13, 2025

Now firmly planted in a new year, my office newsletter is off to the printer for processing.  This year the “winter edition” theme is getting your ducks in a row.  Continuing with that focus, today’s blog post offers 12 ways to improve your estate planning game; one for each month of this new year.

One, embrace your inner luddite and turn to paper over digital documents.  If this recommendation shocks you, consider how hard it is to get into your phone, email or computer at times.  Now project that situation to someone else trying to gain access to your digital world when you are incapacitated.  Part of estate planning is the goal to make life easier on our loved ones.  Having well-organized hard copies of documents to look through may be far easier during a time of crisis and or grief.

Two, find yourself a three-ring binder or divided storage box.  Any office supply store or thrift store carries numerous options.  This simple tool gives you a structure to fill in, creating a tangible and organized estate plan.  Personally, I use a three-ring binder with subject dividers: powers of attorney, will, beneficiary forms; letters of instructions; financial documents; titles & deeds; contact information for loved ones; and information for an obituary.

Three, assess what you have created in terms of estate planning documents.  Perhaps it is nothing, but chances are you have a beneficiary form for the life insurance and retirement at work or a simple power of attorney from a surgery you had six years ago.  Before striking out into new territory, take time to make an honest and accurate assessment of what you already have in place.  Then you can determine what is missing or out of date.

Four, decide on who will act for you if you are alive but too sick to make decisions.  In the State of Wisconsin this is called your Power of Attorney.  There is one for healthcare decisions and another for financial matters.  Note, each state has its own set of laws and regulations about estate planning and probate, so it is important to understand the legal structure where you live.  Creating powers of attorney is your way of saying who is in charge and speaks for you if you are alive and too sick to act.  Rather than list your first born simply because they are older, I encourage you to nominate the person who is best suited for the role.  Who is comfortable in the medical setting and making decisions in the ICU?  Who is confident when it comes to hiring a CPA, reviewing long-term care insurance, and understanding your retirement system?  

Five, determine what will happen to your assets at death.  Make a plan for what will happen to your assets once you have died and final bills are paid.  Once you know, sort out a contingency plan.  This will give your documents a lot more longevity.  For example, I leave my entire estate to my spouse.  If my spouse has predeceased, then to my children in equal shares.  If they too have died, then equally between four nonprofits that have been pivotal in my life.

Six, settle on the person or entity that will handle your final affairs.  Wisconsin calls this person your Personal Representative, other states use the term Executor.  It can be a person or it can be an entity, such as a bank or other financial fiduciary.  This is the person who will determine what final bills need to be paid, liquidate your assets, empty your fridge and medicine cabinet, sell your car, and distribute your assets per the instructions in the will.  It is not an easy job; imagine going through what feels like an IRS Audit while grieving.  Then ask yourself who is the best person for the job. 

Seven, consider who will step in to care for dependents.  If you have minor children, you will need to name a guardian.  This is the person who will step into the day-to-day role of packing lunches, buying school supplies, coordinating birthday parties, taking them to urgent care, and celebrating milestones like birthdays and graduation.  If you do not have minor children in your life, you may have a furry or feathered companion who also needs a loving caretaker to step in should you pass away.  Who might that be?  Make your decisions legally binding and create a will nominating a guardian for children and a caretaker for pets.

Eight, decide if a nonprofit organization belongs in your plan. Many people wish to make a final gift to a nonprofit they are involved with.  This may be a small percentage of life insurance or donating your personal library to the library book sale fundraiser or designating the entity in your will.  If you do opt to name a nonprofit, make sure you list it by its full and correct legal name.  

Nine, once you have made all of these decisions you need to draft legal documents in your state of residence.  While you do not need to work with an attorney, doing so may make this daunting task just a bit easier.  If your budget does not allow you to hire counsel, take the time to learn about how to properly execute documents.  Witnessing, signatures, and dating requirements must be followed. 

Ten, review and update beneficiary forms as needed.  Beneficiary forms on life insurance, retirement accounts, and other financial instruments control where an asset will go on your death.  Oftentimes this controls, not what your will says.  It is imperative that you know if you have beneficiary forms and what they say.  If they are out of date, updating them is key.  And keep a hard copy of them in your paperwork.  It is not only a road map to your loved one on where you hold assets, it is proof of what you wanted to happen to those funds upon your death.

Eleven, purge the unnecessary from your life - both tangible and intangible.  Look around your home.  All of that stuff will need to be dealt with; you will either move and deal with it, or you will die and someone else will deal with it.  Do not put off until tomorrow what you can do today.  Purge - donate, re-home, recycle, or trash it now rather than later.  It is a true gift.  And do not overlook the clutter piling up in your digital world as well.  It may not be as obvious, but storing it online consumes precious energy.

Twelve, write guidance letters to those you have appointed. While not legally binding, letters of instruction can save a tremendous amount of time and energy for those whom you appoint to act on your behalf.  Focus on the big picture.  Who does your taxes?  What is your neighbor’s phone number? How do you get in touch with your employer?  A simple list of important phone numbers or emails can be a wonderful support to those stepping up during a time of grief.

Routinely I drop the African proverb “There is only one way to eat an elephant: one bite at a time” into my work with clients when developing an estate plan or administering a probate. Break it down into small, easy to process tasks. As we work our way through 2025 I will blog in more detail about these 12 steps to a better estate plan.

A blog is not legal advice; it is meant to spark thought and reflection.  Please seek legal counsel from an attorney licensed in your home state.  Thank you for reading, and be well!