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Hollywood vs. Reality: The Problem with Netlix's "The Life List"  By Melinda Gustafson Gervasi June 26, 2026 The premise of Netflix's The Life List makes for great cinema: a grieving daughter is forced to revisit her 13-year-old self’s dreams—like overcoming a fear of horses or finding true love—within a strict one-year deadline to claim her inheritance. It’s poignant, it’s dramatic, and from a legal standpoint, it is an absolute nightmare.   While the film is highly entertaining, it highlights a major misconception. In the real world, estate planning is not a tool for gamifying your family’s personal growth or forcing adult children out of a rut from beyond the grave.  When you strip away the Hollywood script, three major issues expose why this kind of planning fails in real life. 1. The Legal Reality of "Conditional Bequests" In actual estate law, you can put conditions on an inheritance, usually by setting up a trust. However, the legal system draws a ver...

Beyond the Will: Weddings, Father’s Day, and Estate Planning for Our History By Melinda Gustafson Gervasi June 19, 2026 The third weekend in June brings a unique collision of energy. We are right in the thick of the summer wedding season—a time of new beginnings, crisp tuxedos, and beautiful white gowns. At the exact same time, we pause to honor Father’s Day, a moment to reflect on the men who shaped our families and the legacies they left behind.  For me, this specific time of year always brings back a memory of a unique choice I had to make years ago. After both of my parents had passed away, I found myself doing what so many of my clients eventually have to do: sorting through a lifetime of accumulated belongings. Among the boxes and heirlooms was my great-grandfather’s wedding suit. It was a beautiful, historic piece of our family fabric, but it faced a common question "what can I do with this that is meaningful?" I didn't want it to eventually end up on the racks of ...

Lost to the Cloud: The Hidden Risks of Purely Digital Estate Planning By Melinda Gustafson Gervasi June 12, 2026 Schools Out for the Summer!  My teenagers are thrilled that this school year has come to an end.  Both kids, like me, love and thrive in school.  But after a combined total of 8 AP exams and the conclusion of the rack season, they both need a break.  Over the long, hot summer they'll work on their driving skills, keep up their running habits, work in a bit of travel, and clean their rooms.  This involves the annual purge of papers from the past school year.  But that paper spilling out of their desks and onto the floor reminds me of an important fact related to my work as an estate planning and probate attorney.  Paper can be king! Fun fact about me -- I can still open my 1980s Trapper Keeper from the 1980s (yes, I still have it!), but I cannot open my college files containing my college senior thesis -- a complex regression analysis on the ...

20 Years of Probate, 5 Common Mistakes: What Not to Put in Your Will By Melinda Gustafson Gervasi June 5, 2026 What is a Will, Anyway?  At its core, a Last Will and Testament is a legal document with a specific, focused job: it directs how your probate assets should be distributed after you pass away, and it names the person (the personal representative or executor) responsible for making sure those wishes are carried out. Think of it as the ultimate set of instructions for your probate estate.  Note -- probate assets are those assets that have no co-owner or named beneficiary.  If an asset has a co-owner or named beneficiary, that asset will pass to the person(s) named directly, ignoring the will and avoiding the probate process.  Because a will has such a specific purpose, cramming it full of every final thought, personal detail, or medical wish can actually cause major legal headaches. Over my two decades of practicing estate planning and probate law, I’ve seen a ...

Passports, Packing, and Peace of Mind: The One Thing You Should Not Forget to Pack By Melinda Gustafson Gervasi May 29, 2026 For many, the official launch of summer travel season is here or right around the corner. According to AAA, 45 million Americans traveled over the recent Memorial Day holiday weekend. Homes across America are filled with the chaotic energy of trip preparation: laying out outfits, double-checking flight times, holding the mail, and tracking down that one elusive phone charger.  You are busy making lists to ensure you don’t forget the essentials.  The front door is locked, the thermostat is set, and the mail is on hold.  You are ready to go, but did you overlook a key item? If you are leaving home without your Power of Attorney for Health Care, stop and add this crucial document to your suitcase or carry-on.  A Power of Attorney for Health Care is a document that designates a trusted person to make medical decisions for you if you become incapac...

Passing Down Memories: A Memorial Day Reflection on Rosie Grant’s To Die For: A Cookbook of Gravestone Recipes May 22, 2026 Melinda Gustafson Gervasi As we head into Memorial Day weekend, our calendars naturally fill with family gatherings, backyard cookouts, and shared meals that anchor our holiday traditions. It is a poignant time explicitly dedicated to remembrance, where the flavors on our tables often spark stories of the loved ones who first prepared them. This connection between memory and meals came alive beautifully during a recent gathering of my book group. I coordinate "Book Club with a Twist."; Unlike traditional clubs where everyone reads the same selection under strict deadlines, our members simply gather to report on what they have read lately. There is no pressure to finish a book or to choose something that appeals to the masses; instead, we are gently nudged to keep reading just to have a fresh discovery to share. The only true hazard of our untraditional f...

The Clear Path: What Bird Migration Can Teach Us About Estate Planning By Melinda Gustafson Gervasi May 15, 2026 It’s officially migration season here in Madison, Wisconsin . This week, I’ve been busy stocking my feeders and, more importantly, turning off my outdoor lights at night .  If you’ve been following the local news, you know that artificial light can disorient birds, leading them off-course during their long journey. By "dimming the lights," we provide them with a clear, safe passage. It occurred to me that estate planning is very much the same. Our goal is to remove the "glare" of confusion so our loved ones can navigate the probate process without getting lost. If you want to make your final affairs easier for those following behind you, here are five "navigation markers" you can set today: 1. Review Your Beneficiary Forms Think of these as your North Star. Because beneficiary designations on retirement accounts and life insurance policies typic...

From the Oval Office to the Junk Drawer: Learning to Curate a Legacy by Melinda Gustafson Gervasi May 8, 2026 I have a personal goal that takes me across the country: visiting every Presidential Library in the United States . During the Summer of 2024, my family and I drove from Madison, Wisconsin to Austin, Texas.  Along the way we saw friends, family, and five Presidential Libraries (pictures are below). I’m nearing the finish line, with only the Carter library in Georgia and the Nixon and Reagan libraries in California left on my list. Coming this summer I can add two more to the list: one, the Obama Presidential Center will open in Chicago this June; and two, the T heodore Roosevelt Presidential Library in Medora, North Dakota, with tickets offered July 4th of this year.  While I have no immediate travel plans, I am looking forward to visiting sometime soon.   Presidential libraries are fascinating because they represent a massive effort to archive, organize, a...

Estate Planning Independence: Why You Should Choose Your Agents Before a Judge Has To By Melinda Gustafson Gervasi May 1, 2026 When we talk about estate planning, we often focus on the "what"—what happens to the house, the bank accounts, or the sentimental heirlooms. But the "who" is arguably more important. Selecting an agent for your Power of Attorney for Health Care and your Power of Attorney for Finance is not a popularity contest. These are two distinct roles that require very different skill sets. While you might have one person who fits both molds, it is often wise to consider whether your "medical champion" is the same person as your "fiscal steward." The Health Care Agent: Your Medical Advocate This person is your voice when you are at your most vulnerable. They don’t just need to care about you; they need to be able to navigate the high-pressure environment of a hospital.  Who in your circle of friends and family checks these boxes: The...

The Missing Piece in Your Estate Planning Toolkit: Powers of Attorney By Melinda Gustafson Gervasi April 20, 2026 We all like to think we’re in control, but what happens when you’re suddenly not? Whether it’s an unexpected medical emergency or a simple accident, there's one type document that can make the difference between a smooth transition and a legal nightmare. Surprisingly, nearly 90% of American adults are missing it according to the most recent report by trust & will . This Monday, we’re talking about the documents you should not live without: the Power of Attorney. MarketWatch's article highlights a significant gap in Americans' estate planning -- only 1 in 10 Americans have a power of attorney in place. If you are one of the many without this key document, here are 5 things to know: A power of attorney comes in to play if you are alive, but unable to act due to illness or an accident. A will only says who is in charge if you have died; There are two types of p...

Monday Musings: Probate is a Marathon, Not a Sprint By Melinda Gustafson Gervasi April 13, 2026 Happy Monday, readers.  Spring has arrived!  For my family that means at least one night a week you will find me in the bleachers of a local high school, cheering on track and field athletes.  My own kids are out there, where they tackle long-distance track events.  Watching them has given me a fresh perspective on my work in probate. In a sprint, it’s all about explosive energy and immediate results. But probate? Probate is the 3200-meter run. It requires pacing, endurance, and a refusal to give up even if you are getting lapped.  If you have recently been appointed as an Executor (or as we say here in Wisconsin, Personal Representative), you might feel the urge to sprint to the finish line. My advice? Find your stride first. Here are three things to do in "Lap One" to ensure you do not crash and burn before the finish: 1. Survey the Track (Secure the Tangibles) Befo...

Legal Lessons from the Page: John Grisham’s "The Widow" and Finding the Right Advocate By Melinda Gustafson Gervasi April 6, 2026 If there is one thing John Grisham knows how to do, it is placing ordinary people in extraordinary legal peril. In his latest work, The Widow , we are once again reminded that the legal world can be a maze of high stakes, hidden motives, and complex paperwork. Without giving away the plot, the story follows the aftermath of a sudden death and a search for justice—and the truth—in a system that does not always make it easy. For most of us, our lives do not have elements of international legal thrillers. However, a core principle of this book resonates deeply with what I do every day. And that is the importance of having a trusted advocate in your corner when you prepare an estate plan.  For Grisham's latest book, an elderly women seeks out an attorney she can trust. That is not always an easy thing to asses or find.  It is my opinion that you d...

And the Oscar for Best Estate Plan Goes To… By Melinda Gustafson Gervasi March 13, 2026 During law school, immediately after completing a final exam, I went to the movies.  What was playing did not matter as much as the fact the movie allowed me to step out of my life and fall into another reality for 2 hours.  It was an effective way to close the door on worrying about exam questions, and move myself along to a calmer mental state.  However, while we often go to the movies to escape reality, sometimes those films hold a mirror up to reality.  This concept is apparent in several of the films nominated for Best Picture at the upcoming 98th Academy Awards . The nominees are actually masterclasses in the "human" side of the law. Recently I have resurrected my personal goal of watching all ten films nominated for Best Picture.  So far I have crossed six off the list of ten.  Three of them stood out to my estate planning and probate attorney eyes.  This yea...

Why Your AI-Drafted Will Might Be Nothing More Than "Words on Paper" By Melinda Gustafson Gervasi March 2, 2026 I get it.  Inflation continues to nip at our heels.  Housing, college, insurance, food – they all feel so much more expensive than the past.  So we turn to cost saving measures.  Sometimes we postpone spending – my own family has decided we have no immediate need to pull out our passports for travel.  One day we’ll pack our suitcases and explore a new country, but not this summer.  Other times we eliminate an expense.  Like many Americans, in my household we have turned off some streaming services, freeing up space in our monthly budget.  And then there is the quest to get something for free.  Who else out there uses a Buy Nothing Group?  I’ve have great luck finding items my teenagers have needed from group projects (think having to dress up as historical figures).  But, is it really free? The 1970s gave us shag carpeting...

The Sentimentality Trap: Why "Death Cleaning" is the Best Gift for Your Executor By Melinda Gustafson Gervasi February 23, 2026 In previous posts, we have discussed döstädning—the "gentle art of Swedish Death Cleaning ." I is the practice of organizing and paring down your life’s "stuff" now so that your children or other heirs are not left to do it while they are grieving.  While it my be easy to toss an old toaster, it is much harder to part with your father’s collection of vintage maps or your grandmother’s (slightly chipped) dishes. A recent New York Times piece, "Letting Go of Sentimental Objects Is Hard," offers some useful psychological tools that may help you push past the mental roadblock and actually clear out some clutter this Spring.   To "soften" this process, consider the following: "Use it or Lose it" Rule: The Times suggests keeping only what you can use daily. If the item is tucked away in a back closet and ...

From My Madison Living Room to the Boardroom: The Seahawks, Super Bowl 60, and Estate Planning By Melinda Gustafson Gervasi February 13, 2026 Superbowl 60 is now in the books, and the Seattle Seahawks were crowned World Champions.  Even though I live deep in Green Bay Packer Country (our home is in Madison, Wisconsin), we follow the Seahawks religiously because my oldest child has been a huge fan since his elementary school years.  As parents we’ve made it a goal to support our children to follow their own path rather than follow the pack.  Which is why this past Sunday the lower level of our house was full with his teenage buddies, cheering the Seahawks on their path to victory. With the game behind us, news of the Seahawks has taken another, expected turn.  We’ve all seen the headlines: “Jody Allen to sell the Seahawks to honor her late brother, Paul Allen.” It’s a touching sentiment. It paints a picture of a grieving sister making a personal choice to carry out a ...

The Estate Relay: What Happens When the Torch is Dropped? By Melinda Gustafson Gervasi February 6, 2026 Rome. Image by M. Gustafson Gervasi  As the world’s eyes turn to the opening ceremonies in Italy tonight, there is no moment more symbolic than the lighting of the Olympic cauldron. It represents the final, successful hand-off in a journey that spanned continents. In my practice, I view a person’s estate in much the same way—it is a torch lit by a lifetime of hard work, meant to be passed seamlessly to the next generation. When a solid estate plan is in place, that hand-off is a moment of honor and transition. But when someone passes away without a will, we aren't just looking at a pause in the ceremony; we are looking at a dropped torch. In the legal world, dying without a will is known as intestacy. When the torch is dropped, the momentum of your legacy grinds to a halt. Instead of a pre-selected Personal Representative stepping forward to lead, the probate court must intervene...

Don't Toss That Envelope! Uncovering Estate Assets During Tax Season By Melinda Gustasfon Gervasi January 30, 2026 For most, late January means the unwelcome arrival of tax forms. But if you are currently serving as a Personal Representative (a.k.a Executor) and navigating the probate process for a loved one, this week is actually one of the most important windows of the year. I often tell my clients that the U.S. Mail is the best "private investigator" an estate can have. Even in our digital age, financial institutions are required to mail out tax documents like 1099s (miscellaneous income) and 1098s (mortgage interest) by January 31st. For a family member trying to piece together a decedent's financial life, these envelopes are more than just tax records—they are a roadmap. It is not uncommon for a decedent to have held assets that their family knew nothing about. A 1099-INT might reveal a forgotten savings account at an out-of-state bank; a 1099-DIV might be the on...

Middle-Class Philanthropy: Honoring Legacies, Building Futures  By Melinda Gustafson Gervasi January 16, 2026 Mid-January our nation pauses to reflect on the life and legacy of Dr. Martin Luther King Jr. At this time we are often reminded of his powerful question:  "Life’s most persistent and urgent question is, ‘What are you doing for others?'" It is a question that challenges us all to look beyond our own immediate circumstances and consider our impact on the wider community. His questions leads us to the concept of philanthropy. For many, the word "philanthropy" conjures images of billionaires and grand foundations. We think of monumental donations and famous names. But what if I told you that true philanthropy is not just for the ultra-wealthy? What if every single one of us has the power to leave a meaningful legacy that uplifts communities and furthers causes we deeply believe in?  That is precisely the message of my book, Middle Class Philanthropist: How...

Charting a Course Past Procrastination: From "Homework" to Peace of Mind By Melinda Gustafson Gervasi January 9, 2026 There are constants in life.  I am not sure who gets more inquiries this time of year, the gym on the lower level of my office building, or my estate planning office.  Many people resolve “this is they year I create (or update) my estate plan”.  All too often, however, after we sketch out the steps involved over the phone, I hear a familiar refrain: "Well, I guess I have some homework to do." Lecture Hall - University of Wisconsin - Madison campus There is usually a chuckle in their voice, but I hear the mental weight of the "To-Do" list settling in. I understand the feeling. Collecting account numbers, tracking down titles, and making life-altering decisions about guardians and executors feels like a daunting project. Sadly, for many, this "homework" becomes a roadblock. Days turn into months, and the plan—the very thing intended...