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Showing posts from 2026

Democratizing Generosity: National Philanthropy Day and the Middle Class Legacy

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Democratizing Generosity: National Philanthropy Day and the Middle Class Legacy By Melinda Gustafson Gervasi November 13, 2026 Every year on November 15, communities across the globe observe National Philanthropy Day —a dedicated time to recognize the extraordinary impact that charitable giving and volunteerism have on our society. First officially created by President Ronald Reagan in 1986, the day was designed to honor those who give their time, talent, and resources to enrich public life. Its primary purpose is to celebrate the quiet work of everyday givers, raise public awareness about the vital role of the non-profit sector, and inspire everyone—regardless of net worth—to consider how they can contribute to the common good. Too often, the word "philanthropist" conjures images of billionaire tech founders, high-profile mega-donors, or university buildings bearing a single donor's surname. But the heart of community support has always been powered by regular individual...

Honoring Service Through Strategic Planning: Estate Planning for Veterans

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Honoring Service Through Strategic Planning: Estate Planning for Veterans By Melinda Gustafson Gervasi November 6, 2026 American Flag - San Diego, CA As November 11 approaches, our nation pauses to observe Veterans Day —a dedicated time to honor and express gratitude to all American military veterans, living and deceased, who have served in the United States Armed Forces. Originally established as Armistice Day to mark the end of World War I, Veterans Day was officially renamed in 1954 to recognize veterans of all wars and peacetime service. It serves as an important reminder of the sacrifices made by service members and their families to protect our country. When we think of a veteran, we often picture active-duty soldiers or combat action, but the legal definition and reality are much broader. A veteran is anyone who served in the active military, naval, space, or air service and was discharged or released under conditions other than dishonorable. Beyond standard active-duty branches...

Ghosts in the Machine: How AI Deepfakes Are Creeping Into Probate

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Ghosts in the Machine: How AI Deepfakes Are Creeping Into Probate By Melinda Gustafson Gervasi October 30, 2026 It’s Halloween Eve, a time for ghost stories, urban legends, and uninvited spirits. But as an estate planning and probate attorney, some of the scariest "ghosts" I see today recently are not haunts in an attic—they are digital apparitions generated by Artificial Intelligence.  With generative AI, voice cloning, and deepfake video technology advancing at a breakneck pace, technology can now recreate a person’s voice, face, and mannerisms using just a few seconds of public audio or social media footage.   While AI has opened fascinating new doors, it has also introduced a genuinely spooky new frontier in probate court: digital impersonation, fraudulent evidence, and estate scams. Here is how modern AI is impacting estate administration—and how you can protect your legacy from technological trickery. 1. The "Ghost Voice" Scam Targeting Executors:  Probate adm...

The Seasonal Pruning Checklist: 8 Ways to Tidy Your Estate Plan Today

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The Seasonal Pruning Checklist: 8 Ways to Tidy Your Estate Plan Today By Melinda Gustafson Gervasi October 23, 2026 Wise fall gardening is all about balance: leaving vital cover for local wildlife and pollinators while clearing away what no longer serves the garden. The same holds true for your home legal files. Not every piece of paper needs to be shredded, but keeping outdated documents mixed in with current ones can cause real complications down the road. The Fall Equinox is a perfect time to review your legal documents—preserving what protects you and quietly retiring the rest.  Here are 8 places to focus your energies: 1 - Orphaned Retirement Accounts: Consolidate small 401(k)s or IRAs left behind from previous employers into a single rollover IRA so they are not forgotten or left subject to unclaimed property laws. 2 - Unused Bank & Savings Accounts: Close dormant checking or savings accounts scattered across multiple banks, and bring your day-to-day liquidity into one ...

National Dictionary Day: 5 Probate Words Every Future Executor Needs to Know

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National Dictionary Day: 5 Probate Words Every Future Executor Needs to Know By Melinda Gustafson Gervasi October 16, 2026 Today is National Dictionary Day ! Let's celebrate Noah Webster—the man who published the first American English dictionary in 1828 - in today's post. Webster believed that clear language was essential for a functioning society.  As an estate planning and probate attorney, I concur. Probate and estate planning are notorious for using antique legal jargon that leaves grieving family members scratching their heads. When you are named as an executor (or Personal Representative), opening court documents can feel like reading a foreign language. Here is a practical dictionary guide to 5 tricky legal words every future executor—and estate planner—needs to know. 1. Intestate /in-ˈtes-ˌtāt/ (adjective) The Legalese: Dying without a valid Last Will and Testament. Plain English: Leaving no roadmap behind. When someone dies "intestate," they don't lose t...

Don’t Let Outdated Beneficiary Forms Give Your Estate a Halloween Jump Scare

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Don’t Let Outdated Beneficiary Forms Give Your Estate a Halloween Jump Scare By Melinda Gustafson Gervasi October 9, 2026 October brings pumpkin spice, crisp autumn air, and National Financial Planning Week. It’s the time of year when financial advisors across the country encourage us to review our investments, double-check our retirement goals, and make sure our hard-earned money is growing. Building wealth is an essential part of financial planning. But as a probate attorney, I see the other side of financial planning—what happens when those investments finally need to be transferred to the next generation.  And if there’s one thing that can deliver an absolute jump scare to your loved ones from beyond the grave, it’s an outdated beneficiary designation form. The Haunted Ghost of Beneficiary Forms Past When you open a 401(k), IRA, brokerage account, or life insurance policy, your financial planner almost always has you fill out a beneficiary designation form. These forms name Pay...

Workin’ 9 to 5: Why Estate Administration Shouldn’t Be a Family Business

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Workin’ 9 to 5: Why Estate Administration Shouldn’t Be a Family Business By Melinda Gustafson Gervasi October 2, 2026 When Dolly Parton sang "9 to 5, what a way to make a livin' / Barely gettin' by, it's all takin' and no givin'...", she captured the universal grind of the workplace. But as recent headlines out of Nashville show, when estate administration turns into an unpaid, high-stakes job for family members, that "all takin' and no givin'" feeling can quickly ruin family relationships. Following Parton’s passing, a legal battle erupted between her corporate estate entity (She's Alive, LLC) and a family member who had long served as a key employee and operational manager. What followed was a wave of court filings, temporary restraining orders, and administrative friction that brought key estate work to a crawl. While few families manage a multi-million-dollar music catalog, this dispute highlights a critical lesson for every estat...

Candles, Cake, and Clarity: Why Your Birthday is the Best Date for an Estate Plan Review

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Candles, Cake, and Clarity: Why Your Birthday is the Best Date for an Estate Plan Review By Melinda Gustafson Gervasi September 25, 2026 Over the years, Oprah Winfrey gave us countless lessons on how to live intentionally, but one of her most practical pieces of advice centered on self-care: using your birthday as a recurring reminder for critical annual health checks. She championed the idea of scheduling annual mammograms and wellness exams right around your birthday, framing it not as a chore, but as an empowering gift of health to yourself. Yesterday, I celebrated my own birthday—a day full of warm wishes, calls from loved ones, and, of course, cake. And as I reflected on another trip around the sun, Oprah’s ritual came to mind. It turns out that a birthday is not just the perfect trigger for a physical check-up; it is also the ideal annual date for a quick legal health audit. We are already conditioned to handle annual check-ups around recurring milestones: physicals, dental clean...

Lessons from the Sidelines: What Cross Country Teaches Us About Estate Planning

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Lessons from the Sidelines: What Cross Country Teaches Us About Estate Planning By Melinda Gustafson Gervasi September 18, 2026 O'Dark Thirty -- the phrase we parents of High School Cross Country runners refer to when our alarms ring at 5am on a Saturday morning.  From late August through the end of October my weekends kickoff on the sidelines of meets where my teenagers are doing their best to PR (personal record) in a 5K race.  I stand on the sideline with a cowbell in hand (a custom among the Vel Philips Memorial High School Girls XC team) cheering as a sea of runners surges past into the woods. My message from the spectator line is always the same: Dig deep, keep your pace, and do not leave anything on the course. Standing out on those courses week after week offers a great reminder of how long-distance running mirrors life—and specifically, how we care for our legal plans. A common misconception about estate planning is that it’s a 100-meter sprint: you push hard, draft t...

A Clear September Morning: Why We Plan for the Unthinkable

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A Clear September Morning: Why We Plan for the Unthinkable By Melinda Gustafson Gervasi September 11, 2026 Every year as September 11th approaches, my mind drifts back to that morning in Madison. It was what locals often call "Chamber of Commerce weather"—a crisp, brilliant blue sky, perfectly calm, the kind of autumn day where everything feels right with the world.  And then, in an instant, tragedy struck.  My grandmother said it shook her the same was as the bombing of Pearl Harbor.  I once called Washington, D.C. home for a three year period of time, and work assignments in the mid-1990s allowed me to spend substantial time in New York City. The news felt painfully close.  I knew people living in those cities, walking those streets, and event working at The Pentagon. September 11th taught all of us a heavy, irreversible truth: life can turn on a dime, without warning or room for preparation. As an estate planning attorney, I talk with clients every day about ...

3 Beneficiary Form Mistakes That Can Sabotage Your Estate Plan

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3 Beneficiary Form Mistakes That Can Sabotage Your Estate Plan By Melinda Gustafson Gervasi September 4, 2026 It's early September -- trees begin to show their colors, kids are back in school, and football is back on TV.  It is also Life Insurance Awareness Month.  From my vantage point as an estate planning and probate attorney I see this as an ideal opportunity to revisit one of the most powerful, yet often misunderstood, tools in personal finance -- the beneficiary form for life insurance.  When people think about estate planning, they usually picture formal documents: a will, a Revocable Living Trust, or Powers of Attorney. But for many individuals and families, a significant portion of their wealth does not pass through a will at all. It passes directly through beneficiary designations on assets, life insurance in particular.  Because life insurance proceeds pass by contract directly to whoever is named on that single piece of paper (known as a beneficiary form)...

Planning for the Whole Family: 5 Pet Estate Essentials for Rainbow Bridge Day

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Planning for the Whole Family: 5 Pet Estate Essentials for Rainbow Bridge Day By Melinda Gustafson Gervasi August 28, 2026 Today marks " Rainbow Bridge Remembrance Day "—a quiet moment on the calendar dedicated to honoring the beloved companion animals who have shared our homes and hearts.  For many of us, our pets are not just animals; they are family members. And as our dogs, cats, and other companions age or navigate chronic illnesses, their daily care becomes more complex. We track medication schedules, cook specialized diets, and adjust our living spaces to keep them comfortable. While Rainbow Bridge Day is a time to look back with gratitude on those we’ve lost, it is also a meaningful reminder to look forward. If something were to happen to you tomorrow, who would manage your senior cat’s insulin injections or ensure your arthritic dog has their orthopedic bed? Here are 5 critical steps to address pet care in your estate plan—with a special focus on elderly or special-n...

From Safe Harbors to Solid Ground: Why Your Estate Plan Should Be a Beacon

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From Safe Harbors to Solid Ground: Why Your Estate Plan Should Be a Beacon By Melinda Gustafson Gervasi August 21, 2026 When the newly formed United States Congress passed the Lighthouse Act on August 7, 1789, it was not just authorizing public infrastructure; it was providing a vital survival mechanism. Backed by President George Washington, the act ensured that dangerous coastlines were marked and that ships navigating treacherous waters had a constant, reliable point of reference. A lighthouse did not sit quietly in the dark waiting to be discovered—its entire purpose was to cut through the fog and project a steady beam, warning mariners of hidden rocks and guiding them safely into port long before a crisis hit. Too often, families treat their estate plans the exact opposite way. They spend time and money drafting complex wills, trusts, and healthcare directives, only to fold them up and bury them deep in a filing cabinet or a dusty desk drawer. Out of sight and out of mind, these d...

August 14th: Today’s Estate Planning Post is Brought to You by the Number 14

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August 14th: Today’s Estate Planning Post is Brought to You by the Number 14 By Melinda Gustafson Gervasi August 14, 2026 If you grew up watching public television , you might remember a certain jazzy, animated train that used to chug along the tracks, enthusiastically counting all the way up to 14.  But today, on August 14th, we are not counting freight cars. We’re looking at your filing cabinet.  While the world has gone largely digital, there are still certain critical documents where a PDF on a laptop just won't cut it in an emergency. If your family ever needs to step in to handle your affairs or settle an estate, they will need the real deal. In honor of today's date, here are the 14 essential legal and financial documents you should print out, organize, and keep as hard copies in your home right now. Power of Attorney for Health Care and Power of Attorney for Finances; Authorization for Final Disposition (Wisconsin residents) or paperwork related to burial Deed for your...

# The Real College Packing List: Why Legal Documents Belong Next to the Mini-Fridge

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# The Real College Packing List: Why Legal Documents Belong Next to the Mini-Fridge By Melinda Gustafson Gervasi August 7, 2026 Okay, so he's starting his senior year of high-school....but my "type A" mind is already zooming ahead to next year, the year he'll head off to college.  My oldest is just in the college application phase, but my strategic mind is already thinking about packing lists.  So much so I kept the box from a recent printer I bought, saying "this will come in handy when you move into the dorms".  He gave me a knowing look and kindly let my hyper-planning brain spin.   This looming life event shows up in my YouTube feed as well.  I found myself watching a Holderness video in which their daughter provides advice on kids heading off to college.  The packing list contains the obvious: Twin XL sheets, a shower caddy, a mini-fridge, endless boxes of snacks, and... if you are my child, a healthcare power of attorney. If you look at typical b...

Growing Up, Moving On: Why Your Estate Plan Needs to Evolve as Your Kids Hit Their Teens

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Growing Up, Moving On: Why Your Estate Plan Needs to Evolve as Your Kids Hit Their Teens By Melinda Gustafson Gervasi July 31, 2026 The days are long, but the years are short.  If you are a parent of a teen or young adult you likely just nodded in agreement.  In what feels like a blink of the eye, my youngest just celebrated her Sweet 16 earlier this week.  Before she was born, even before her older brother was born, my estate plan was drafted to plan for the children we hoped for down the road.  Yes, I am that "type A" of a person, but as an estate planning attorney I knew it would be less emotional to write before I had a small bundle in my arms.  When you first draft an estate plan with young children, the focus is almost entirely on protection and survival. You are consumed by the heavy "what-ifs": Who will raise them if the worst happens? How will they be financially supported until they reach adulthood? At that stage, guardian designations and straightforw...

National Drive-Thru Day: Why There is No "Value Menu" for a Good Will

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National Drive-Thru Day: Why There is No "Value Menu" for a Good Will By Melinda Gustafson Gervasi July 24, 2026 Today is July 24th, which means it is officially National Drive-Thru Day . It is a celebration of the ultimate American innovation of convenience. We’ve all relied on them. You pull up to a speaker, read off a standardized menu, hand over a few dollars, and a minute later, a paper bag is handed through your car window. It is cheap, it is fast, and it satisfies an immediate need.  Parenting two teenagers who run cross country as well as track means we have our fair share of trips through the Culver's drive-thru.  It's fast and relatively affordable.  But it's not exactly a quality meal for two athletes.  We are living in the digital age.  Are you bombarded with social media ads for online will kits or do you receive email offers from a nonprofit you donate to that wants to give you a "free will"? In the internet era, it is incredibly tempting t...

How Deep is Your Bench? What the World Cup Can Teach Us About Estate Planning

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How Deep is Your Bench? What the World Cup Can Teach Us About Estate Planning By Melinda Gustafson Gervasi July 17, 2026 Worldwide, it is anticipated that 1.5 billion (yes, that is with a "b" not an "m") are expected to watch the World Cup Final  this Sunday when Spain takes on Argentina.  Even I will tune in, having recently fallen in love with this sport that seems to be unifying people from across the globe. But I won't try and fool you that I know much of anything about soccer.  What I know about the sport can be sourced to watching episodes of Ted Lasso and a few pointers I picked up watching the Ghana vs. Panama match I attended while in Toronto this past June.  My knowledge is limited, yet I have heard it said that championship depends on the "depth of the bench".  Basically, the term refers to the overall quality, skill, and reliability of the substitute players on a roster.  I emphasized the word substitute because it serves as the inspiration...

The Trust vs. The Allegation: Understanding "Slayer Statutes" in the Wake of Tragedy

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The Trust vs. The Allegation: Understanding "Slayer Statutes" in the Wake of Tragedy By Melinda Gustafson Gervasi July 10, 2026 The headlines out of California recently have been nothing short of devastating. Late last year, the tragic deaths of acclaimed filmmaker Rob Reiner and his wife, Michele, stunned the public. Now, a complex legal battle is unfolding in a Los Angeles County probate court, thrusting a quiet corner of estate law directly into the national spotlight. Their son, Nick Reiner, who has pleaded not guilty to charges in connection with their deaths, recently petitioned the court to compel a trustee to release over $1.5 million from a trust his parents established for him. His defense argues that he is presumed innocent and legally entitled to his own resources to fund a private criminal defense. The trustee, however, has withheld the funds. This aspect of the trial highlights a fascinating and rigid legal mechanism embedded in probate codes across the country:...

Red, White, and True Independence: Why Turning 18 Requires More Than Just a Vote

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Red, White, and True Independence: Why Turning 18 Requires More Than Just a Vote By Melinda Gustafson Gervasi July 3, 2026 Image by M. Gustafson Gervasi 2026 The Summer of 2026 holds to significant birthdays for me.  First, our nation turns 250 years old.  As a member of the legal profession, I hope we see renewed reverence for the rule of law, and strengthen our democratic institutions.  Second, my oldest child turns18 in late summer.  Both of these events cause my mind to think about independence, duty and responsibility that culminate in a desire to educate young adults on a key task they should consider completing on our near their birthday. Turning 18 ushers in a new chapter of your life, heavily dosed with a helping of independence. You can vote, sign up for the selective service, and sign contracts. You are officially an adult in many aspects of life.  However, with this independence comes a responsibility. Many families are surprised to learn that with t...