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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 h...

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 d...

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 "shoe...

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...

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 Swit...