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!