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!