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.