Don't Let Intestacy Turn Your Home Into a House of Horrors

Don't Let Intestacy Turn Your Home Into a House of Horrors

By Melinda Gustafson Gervasi

October 31, 2025

October ends with chilly nights, colorful costumes, and plentiful jump scares. But what truly sends a shiver down this attorney's spine is not a cackling witch or shadows in the night—it is the loss of control that happens far too often in the lives of my clients and their families.

When the unexpected happens—a debilitating illness or a sudden death—chaos engulfs a family. Wishes and good intentions become irrelevant. Instead, state statutes spring into action, seizing a person’s ability to control who is in charge and where assets will go.

Estate planning boils down to control. If you do not draft your own estate plan, one likely exists for you, embedded in state statutes, written by your legislature. Chances are you will not agree with it entirely. The state’s statutory distribution plan often ignores your unmarried life partner, beloved stepchildren, or the charity you hold dear, as it exclusively favors blood relatives.

Learn from the chilling tale of Carl and Sharon, and understand how quickly a beloved home can turn into a House of Horrors.  Partnered for 30 years, Carl and Sharon spent a life together renovating a Victorian Gothic . Carl had purchased the home a few years before meeting Sharon, and over three decades they shared the financial burden of the renovations, creating countless happy memories along the way. Never married, and never becoming parents, the couple never formalized their relationship or the shared investment in the property. Neither of them completed a will or other legal document to direct the property to Sharon upon Carl’s death. While it was always on their to-do list, it never got crossed off.

Sadly, one rainy night in November, a drunk driver crossed the center line, slamming into Carl’s trusty Honda. Carl was pronounced dead at the scene of the accident. Sharon was blindsided by Carl’s sudden death, but she was also grieving while realizing she had no legal right to stay in the home they had shared for 30 years.

Under State Statutes, Carl’s surviving brother Robert, his closest living relative, became the sole legal heir to his estate. Robert and Carl were estranged since leaving their childhood home. Yet, under the law, Robert would inherit Carl’s house and other probate assets (assets with no co-owner or named beneficiary). Robert, in desperate need of the sudden windfall Carl’s death had provided, quickly took action to claim what the law stated was his. Sharon, who had invested 30 years of her life in that home, was left realizing she had no legal right to stay. The lack of an estate plan turned their beloved house into a house of horrors.

Halloween and jump scares are fun because we know they aren't real. Carl and Sharon’s story, however, illustrates a true horror—one that is entirely preventable.  Estate planning, including powers of attorney, a will, and proper beneficiary reviews, is the silver bullet against legal chaos. These documents allow you to control who inherits and who makes decisions on your behalf if you become incapacitated. When you fail to take action, your state statutes will speak for you, often creating profound hardship for the people you love most but are not legally bound to.

A classic from my childhood -- something Halloween that doesn't cause me a scare

Thank you for reading.  Remember, a blog is not legal advice.  It is meant to spark thought and reflection.  Please consult an attorney in your state for advice specific to your situation.  If you enjoy this post, consider sharing it on your favorite social media platform.  You can also enter your email, upper right, and receive notice when new posts go live.  Be well!

 

Apollo's Lesson: What The Film, The Friend, Teaches Us About Pet Trusts

Apollo's Lesson: What The Film, The Friend, Teaches Us About Pet Trusts

By Melinda Gustafson Gervasi

October 24, 2025

Times change, even at libraries. NPR recently ran the story 7 surprising ways the public library can save you money.  Long a fan of my public library, my current library card use centers around borrowing DVDs.  It’s a frugal and practical way to watch films that always seem to leave theaters before I get around to buying a ticket.  A recent library loan was the 2025 film, The Friend.  

Based on the novel by Sigrid Nunez, the movie centers on Iris (played by Naomi Watts), a writer living a solitary life in a small, rent-controlled New York apartment. Her comfortable existence is thrown into chaos when her closest friend and mentor, Walter (played by Bill Murray), dies suddenly by suicide and, leaving behind Apollo, his beloved 150-pound Great Dane. Without any legal plan in play for his companion, Apollo finds his way to Iris’ apartment, which does not allow pets.  The film explores the challenges of mourning the loss of a close friend at the same time as attempting to care for their beloved pet.  

Caring for the pet of someone who has passed away is a topic I’ve written about over the years.  Long ago I faced the challenge of re-homing The Boys, my mom’s two senior cats who needed a new home following her prolonged illness and death.  Over a decade later I still recall the feeling in my stomach as person after person said “I wish I could, but I cannot afford their monthly medications”.  Impacted by this experience, I have made certain our four cats have a pet trust should my husband and I pass away.  A cat who comes with financial support, even a little, is far easier to re-home than one that has nothing but a list of monthly expenses. My commitment to planning for our furry family members was reinforced while watching The Friend.  With a simple will and a few extra paragraphs, Apollo’s path to a new home may have been far easier.

A pet trust is a vehicle that holds both your pet(s) – technically they are your property – as well as some money you determine in your will.  The document names a primary and secondary caretaker of your animals as well as a primary and secondary trustee.  A trustee handles the administrative matters for the trust: paying bills, investing the money, and filing tax returns are a few examples. Funds inside the trust can pay for medications, medical care, food, grooming, and end of life care. When the last of the animals passes away, the remaining funds can be distributed.  Many clients name the caretaker or a nonprofit focused on animal welfare and rescue. 

Pet trusts may sound overly complicated or too sophisticated for your needs.  When should you consider setting up a pet trust?  Here are a situations that I think warrant a discussion of whether or not this tool belongs in your estate plan:

• When a Pet Has Special Needs or Expensive Care: If your pet requires ongoing prescription medication, frequent veterinary care for a chronic condition, a highly specific diet, or expensive specialized training, a trust ensures the necessary funds are legally dedicated to maintaining that high standard of care. 
• For Long-Lived or Exotic Animals: Pets with exceptionally long lifespans, such as parrots, horses, or certain turtles, may easily outlive any initially appointed caregiver. A pet trust provides a structure for multiple successor caregivers and ensures financial resources are available for several decades of care. 
• For Owners of a Hobby Farm or Multiple Animals: A single pet trust can manage the care for a large group of animals, such as horses, goats, or chickens, which are typically expensive to maintain and relocate. The trust can detail specific instructions for their feed, farrier and veterinary schedules, or even direct their placement to a suitable animal sanctuary, ensuring all farm animals are protected. 
• When the Designated Caregiver Faces Financial Hardship: If your preferred caregiver is willing but would struggle to afford the pet's upkeep (especially in the case of large, older, or special-needs pets), a funded pet trust removes the financial burden, legally enabling them to provide the best care without sacrificing their own financial stability.

Tiberius, the youngest of our 4 cats.  He joined the family two years ago.

Thanks for reading.  A blog is meant to spark thought and reflection, it is not legal advice.  Please consult an attorney in your home state for advice specific to your situation.  Never miss a new post!  Enter your email (upper right of this page) and receive a message when a new post publishes.

Make The Right Choice: 5 Traits of a Fiscally Responsible Personal Representative

Make The Right Choice: 5 Traits of a Fiscally Responsible Personal Representative

By Melinda Gustafson Gervasi

October 17, 2025

Image by M. Gustafson Gervasi 2025

Choosing a Personal Representative (also known as an Executor in other states) is one of the most critical decisions you'll make when drafting your will. This person will step into your shoes, manage your finances, and settle your affairs after you're gone.

This role is not a ceremonial title; it's a serious legal and financial responsibility. A poor choice can lead to family disputes, unnecessary expenses, and months—or even years—of probate headaches. When selecting your representative, look for these five non-negotiable traits that define fiscal responsibility.

1. Strong Organizational and Record-Keeping Skills 

This is the most fundamental trait. A personal representative is essentially the temporary financial manager of an estate, and their success hinges on their ability to organize. This is not a "shoebox of receipts" job; it's a meticulous accounting task.

They must be able to:

• Create and Maintain a Comprehensive Inventory: This includes cataloging all assets (e.g., bank accounts, real estate, investments, personal property) and liabilities (e.g., debts, bills, taxes).
• Keep Meticulous Records: They must track every dollar of income (e.g., dividends, rental income) and every expense (e.g., funeral costs, legal fees, property taxes). They must be able to produce a clear, auditable accounting for the court and beneficiaries.
• Establish a Separate Estate Account: The cardinal rule is no commingling of funds. Establishing a separate estate bank account is essential to prevent mixing personal funds with estate funds, a significant "no-no" that can lead to personal liability.

2. Financial Acumen and Sound Judgment

Your personal representative doesn't need to be a Certified Public Accountant (CPA), but they should possess a basic understanding of financial concepts and, more importantly, sound judgment.

A fiscally responsible representative knows how to:

• Manage the Estate Budget: They must understand how to budget and manage cash flow to ensure there are enough liquid funds to cover all necessary estate expenses.
• Recognize the Need for Professional Help: A savvy representative knows their role is to oversee the process, not to be an expert in every area. They're quick to seek assistance from an attorney, CPA, or financial advisor when necessary.
• Make Prudent Decisions: This includes making well-informed choices about liquidating assets, managing investments, and paying debts. For example, they need to know the proper order for paying off creditors to avoid the estate (and themselves) incurring personal liability for missteps.

3. Impeccable Integrity and Honesty

A personal representative is a fiduciary, meaning they have a legal duty to act in the absolute best interest of the estate and its beneficiaries, even if it conflicts with their own interests. This relationship is built on trust and a commitment to transparency.

This requires them to:

• Avoid Self-Dealing: They must never use estate assets for personal gain and must be completely transparent about any potential conflicts of interest.
• Act with Loyalty and Impartiality: Their duty is to the deceased's wishes as outlined in the Will. This means they must remain impartial to all beneficiaries, which is especially critical if the personal representative is also a beneficiary.
• Maintain Confidentiality: They will be entrusted with highly sensitive financial information and must be trusted to handle it with the utmost discretion.

4. Patience and Strong Communication Skills 

Administering an estate is often a long, complex, and emotionally charged process. It requires more than just financial skills; it demands "people skills" to keep the process moving smoothly.

A good representative must be:

• An Effective Communicator: They need to provide clear, regular updates to all parties involved—beneficiaries, the probate court, creditors, and professional advisors. This transparency is the best way to prevent disputes and build trust.
• Diplomatic and Resilient: They must be able to handle potential family conflicts and beneficiary disagreements over asset distribution with grace and patience.
• A Realistic Expectation Manager: They should be upfront about the typical timeline and the legal complexities of the probate process, ensuring beneficiaries aren't left in the dark wondering what's happening.

5. Availability and Commitment 

Administering an estate is a significant time commitment that can take months or even years to fully complete. It can be just as demanding as a part-time job during certain periods.

Therefore, the person you choose must:

• Have the Time and Willingness to Do the Work: They need to be someone who is not already overwhelmed by their own professional or personal obligations. The time commitment is not fair to someone who has to squeeze it in late at night.
• Live in a Manageable Location: While not always a requirement, a local personal representative can often handle tasks like dealing with property, bank visits, and court filings more efficiently and cost-effectively than someone who has to travel from a great distance.

Here is the bottom line: Choosing a Personal Representative is a decision that requires careful thought, not just sentimentality. By selecting a person who embodies these five traits, you ensure your final wishes are handled with the financial prudence, legal integrity, and organizational rigor they deserve.

Thank you for reading.  Remember a blog is not legal advice; it is meant to spark thought and reflection.  It is best to seek legal counsel from an attorney licensed in your home state.  If you found this post helpful, please consider sharing it on your favorite social media platform.  Be well!

Asset Inventory Alert: Don't Drop the Ball on These Overlooked Estate Items

Asset Inventory Alert: Don't Drop the Ball on These Overlooked Estate Items

By Melinda Gustafson Gervasi

October 10, 2025

It was a perfect Saturday in August.  Mild temps and clear skies.  My family piled into my SUV and headed north to Lambeau Field for a match-up between the Green Bay Packers and my son’s beloved Seattle Seahawks.  It was a pre-season game, explaining why we were able to affordably purchase four tickets to the game. 

The Packer franchise is legendary selling out every game, but also for having the longest wait list (reported as 140,000) for season tickets. Our trek to Green Bay and back provided several hours for family banter, bouncing around our favorite topics.  My comments touched on the place season tickets to the Packer Games can take in estate planning.  “Really, people can pick who inherits their tickets!!!”  my kids half asked, half expressed shock from the back seat. “Yes!  I have had several clients lucky enough to hold season tickets, and they all made plans for what happens to them at death.”  The answer is quite easy, all you need to do is Google it and you’ll get a link to the Packer’s web site with a form to complete a beneficiary form for season tickets.  My question to you reader, is what item might you own that should be included in your estate planning, but has been overlooked?

As an estate planning and probate attorney, I know that unique and valuable assets can be overlooked, leading to family tension and lost value.  For example:

• Valuable Collections and Hobbies: Whether it's a fine wine cellar, an extensive stamp or coin collection, rare comic books, or high-end equipment for a passion like a professional-grade telescope or expensive photography gear. These items often have significant monetary and sentimental value, and simply stating "all personal property" may not capture your specific wishes for who should inherit them.
• Digital Assets and Online Accounts: From cryptocurrency holdings to the monetized content on your blog or YouTube channel to frequent flyer miles—your digital life has real value. Leaving a complete list of digital assets and how to access them is essential for your Personal Representative to fulfill their fiduciary duty to handle your estate.
• Intellectual Property and Royalties: Do you receive royalties from a book you wrote, a patent you filed, or music you composed? These ongoing income streams need to be specifically directed. Without clear instructions, the rights and payments can become tied up in probate, delaying income for your beneficiaries.
• Expensive Tools, Machinery, or Specialty Vehicles: Think beyond the family car. If you own a classic car, a motorcycle, a specialized tractor, or a fully outfitted ham radio shack with costly machinery, a simple list of who gets which item can prevent disagreements among heirs who may all want the valuable equipment or help your Personal Representative recognize tools with value that can be liquidated and added to your estate. 

As you work on your estate plan, aim for the Hall of Fame in planning just like our beloved Green Bay Packers.  If you are fortunate enough to hold season tickets, make certain the tickets—and everything else you own—go exactly where you intend. Go Pack Go!

Remember that a blog is not legal advice.  It is meant to spark thought and reflection.  Seek counsel from a licensed attorney in your home state.  If you found this post helpful, consider sharing it on your favorite social media platform.  Be well, and thanks for reading!

20 Years, 5 Questions: How the Five Ws Can Build Your Perfect Estate Plan

20 Years, 5 Questions: How the Five Ws Can Build Your Perfect Estate Plan

By Melinda Gustafson Gervasi

October 3, 2025

This past Wednesday marked my 20th anniversary of operating my legal practice, where I focus on estate planning and probate administration.  Looking back, I can now say that every estate plan, regardless of its size or complexity, is a direct answer to the most fundamental questions of life and death: the Five Ws. These journalistic essentials—Who, What, When, Where, and Why—form the backbone of both proper planning. Today I want to explore five essential questions everyone must face when creating an estate plan. 

Who - when making the decision to name people for certain roles in your estate plan be honest with yourself.  Who is best equipped to handle health care decisions if they are your agent for the power of attorney for health care? Who do you trust with your checkbook if you are alive but too sick to manage your finances? And who is most like Switzerland for managing your final affairs under a will; meaning who is precise, efficient, and neutral?

What - ask yourself what assets will make up your estate.  Keep in mind that you own two types of assets: probate assets which do not have a clear label on them about where they go when you die; and non-probate assets which have either a co-owner or beneficiary indicating where they will be distributed upon your death.  A will distributes only your probate property.  A common example of probate property is a home owned by a single person.  A common example of a nonprobate property is a life insurance policy with a completed beneficiary form. 

When - the best time to do an estate plan is now.  Do not wait until you are in the middle of a health crisis.  While a plan can be created in the midst of a health care situation, it is less than ideal.  The recent pandemic taught us that we never know when illness may strike, and that finding appropriate witnesses and a notary can be a challenge. 

Where - once created, give good consideration to where you will keep your final paperwork.  It is horrible to think of the time and money you spend on a plan to have it then lost or misplaced when it is needed.  Come up with a plan, and share the location with the people you have named in the documents so that it can be accessed if you are unable to communicate.

Why - ask yourself why you want to create a plan.  Is it to take control of a situation?  Is it to protect your loved ones?  Is it to be charitable at the end of life?  Knowing a specific goal (or two) helps you settle on which legal instrument to create when setting up an estate plan. 

Twenty years has taught me that estate planning isn't just about documents; it's about decisions. By consciously answering the Five Ws—determining Who will act, clarifying What you own, deciding When the plan is created, ensuring Where it can be found, and knowing Why you're doing it—you eliminate guesswork, reduce complexity, and replace worry with certainty. If these questions have sparked a realization that your answers aren't yet clear, the best time to act is now. Don't leave your legacy up to chance; schedule a time to finalize your answers and protect the people you love.

Thank you for reading.  Know that a blog is not legal advice. Rather, it is meant to spark thought and reflection.  I encourage you to seek advice from an attorney licensed in your state for counsel related to your unique situation.  If you found this post helpful, please consider sharing it on your favorite social media platform.  Be well!