tag:blogger.com,1999:blog-5213873836156519472024-03-18T08:30:31.852-05:00NavigatorMaking sense of illness, death and taxes through the eyes of Attorney and Author, Melinda Gustafson GervasiMelinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.comBlogger890125tag:blogger.com,1999:blog-521387383615651947.post-76428762015595076992024-03-18T08:30:00.001-05:002024-03-18T08:30:00.138-05:00The Philanthropist Inside Us All<p>The Philanthropist Inside Us All</p><p>By Melinda Gustafson Gervasi</p><p>March 18, 2024</p><p>Earlier this year a news headline caught my attention, <i><a href="https://www.newswise.com/articles/reflecting-on-your-legacy-could-make-you-more-philanthropic-new-research-finds">Reflecting on your legacy could make you more philanthropic, new research finds</a></i>. Specifically the statement that <b>"...when people are prompted to consider how their lives will impact future generations, they allocate more of their wealth to collective causes like charities and less to family members."</b> This rung true with me based on nearly twenty years of client meetings; here is a standard discussion with clients creating or updating a will:</p><p>Question: "When you die, where do you want your assets to go?"</p><p>Answer: "To my spouse or partner." stated quickly, with no need to think.</p><p>Question: "And if they predecease you, then where?" I ask with a gentle tone.</p><p>Answer: "Equally between my children?" Again, offered without much reflection by those clients with children.</p><p>Question: "And if you have no surviving children or grandchildren, then where? Perhaps this seems extreme, but oftentimes families all board a plane to celebrate a significant birthday or anniversary in Hawaii. What if you had a great time, but the plane did not make it back?"</p><p>And then the pause happens....</p><p>Answer: "Wow, I've NEVER thought of that scenario". </p><p>It is not uncommon, after taking a few days to reflect on the question, the client returns with a list of nonprofits they value and respect. This is not always the case, but it happens a good deal of the time. For those interested in reading more about how you can be philanthropic in your estate plan, you may want to check out a small book I released in 2013 called <i><a href="https://www.amazon.com/Middle-Class-Philanthropist-Anyone-Legacy/dp/0989808203/ref=sr_1_1?crid=1VZPKH5SNH3MV&dib=eyJ2IjoiMSJ9.jEyTaPQGowd1nRUu6xeVKN_FTWP-8TlmbizQXObGoiFvMXZw-HhUzmVUxyuZl0A_SPck31LQ3r49Lk1J3kfAfDl-IbJgJi55r0XWgjgundkvAvRSLWOsqaR6ICXlNOWwHk3Hp7J5XlOxDQP3jSZj0tupE3MlnmpusYEJhkP2msurssNUd7WhH16-3MLSN55RJVT837NSfVFhOexYUh4OEi3oMIazeawjKbF6Pad-Iew.1mcHwDHZzkx1F77Wx-SB08DpRuHm6O1YkpIlQptoMoM&dib_tag=se&keywords=middle+class+philanthropy&qid=1710512175&sprefix=middle+class+philanthropy%2Caps%2C120&sr=8-1">Middle Class Philanthropist: How Anyone Can Leave a Legacy</a></i>.</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiloXlIH_G-SKgi6HZfkzeq9gh50phZCIHcmv_EymxBB8Ipl294mFzO61CDnVWkqp1xZH4os4pl2oPqEGuBcirAC83G_zlN4s-2XxTqMjpgk7-sTT7Xfj8N6_hca74rmj8pB3gdUO8ylX5R3yWEZoDCwRLmtSfHliutn5yf2f3AZtjmVEpMYElC9us_rLs_/s960/MCP.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="960" data-original-width="540" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiloXlIH_G-SKgi6HZfkzeq9gh50phZCIHcmv_EymxBB8Ipl294mFzO61CDnVWkqp1xZH4os4pl2oPqEGuBcirAC83G_zlN4s-2XxTqMjpgk7-sTT7Xfj8N6_hca74rmj8pB3gdUO8ylX5R3yWEZoDCwRLmtSfHliutn5yf2f3AZtjmVEpMYElC9us_rLs_/s320/MCP.jpg" width="180" /></a></div><br /><p>As a reminder, a blog is not legal advice. It is meant to spark thought and reflection. Please seek counsel from an attorney licensed in your home state. Be well and thank you for reading. </p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-13793855993052864562024-03-11T08:30:00.001-05:002024-03-11T08:30:00.147-05:00Book Review: The Last Lecture by Randy Pausch<p>Book Review: The Last Lecture by Randy Pausch</p><p>Melinda Gustafson Gevasi</p><p>March 11, 2024</p><p>Legacy Letters, also known as Ethical Wills, have grown in appeal in recent years. Not a legally binding document, a <a href="https://www.uc.edu/content/dam/refresh/cont-ed-62/olli/22-winter/legacy%20letter%20summary.pdf">Legacy Letter</a> is just that, a letter you write with the intent it be read at the end of your life aimed at focus on your values, insights and life lessons. Generally they are a few pages long, however, my recent re-reading of Randy Pauch's <a href="https://www.bookey.app/book/the-last-lecture">The Last Lecture</a> reminded me that they can be more in depth.</p><p>A 2008 NY Times Bestseller, the book is an expansion on the last lecture <a href="https://www.cmu.edu/randyslecture/">Prof. Randy Pausch</a> gave on September 18, 2007 at Carnegie Mellon University. At the time he knew he was losing his battle with pancreatic cancer, and only had months to live. The father of three very young children, the lecture and subsequent book allowed him to leave a legacy for his children. As described on the book cover, the book is not about dying, but rather a lesson on overcoming obstacles and going after your dreams. </p><p>Just over 200 pages in length, this book is a wonderful read and may spark inspiration in you to leave a letter or other type of creative work for your loved ones, especially those that may be too young to remember you well. </p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiF0q0dA02VIejY8UMjj54pO62fBY5R3MBw69U2j-nfCM4NLun-kEbPp84kQ81IJcTPYwyorI-YlAyoSjzVoYgSqq7QKUlGDmhpfNPH-Bft8ymUCr0E3iq5aAiwCHU0R89ReClQ-GUN-eBLO2QqR9tOfZaKoAZllm6VK1DUqHfh8RDHSII98AlDFHGHc-Kx/s4032/LastLecture.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="4032" data-original-width="3024" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiF0q0dA02VIejY8UMjj54pO62fBY5R3MBw69U2j-nfCM4NLun-kEbPp84kQ81IJcTPYwyorI-YlAyoSjzVoYgSqq7QKUlGDmhpfNPH-Bft8ymUCr0E3iq5aAiwCHU0R89ReClQ-GUN-eBLO2QqR9tOfZaKoAZllm6VK1DUqHfh8RDHSII98AlDFHGHc-Kx/s320/LastLecture.jpg" width="240" /></a></div><br /><p>Thank you for reading. If you have a book recommendation related to my area of focus, estate planning and probate, please leave a comment. Be well!</p><p><br /></p><p><br /></p><p><br /></p><p> </p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-19048823650753827162024-03-04T08:30:00.001-06:002024-03-04T08:30:00.237-06:00Rain Man: A Lesson in Estate Planning<p>Rain Man: A Lesson in Estate Planning</p><p>By Melinda Gustafson Gervasi</p><p>March 4, 2024</p><p><br /></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhwpllGeGsrVcQuvhpmoXsNZO-iwqFfELpF3G-2PzDfL80e03-WgznLea_I2bnz1NdT7Fd3cm0cGsKuaGS_8KK1zc9nThi4sU4nqsrgXs-q1UomTjaMYe3vDacqsd6kUy2jilz9WsUF_jqNipEWW-kxY9_-hBbolm9_Zw599V3VqssWRwTYGspi5WZlSBYg/s4032/RainMan.MP.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="3024" data-original-width="4032" height="240" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhwpllGeGsrVcQuvhpmoXsNZO-iwqFfELpF3G-2PzDfL80e03-WgznLea_I2bnz1NdT7Fd3cm0cGsKuaGS_8KK1zc9nThi4sU4nqsrgXs-q1UomTjaMYe3vDacqsd6kUy2jilz9WsUF_jqNipEWW-kxY9_-hBbolm9_Zw599V3VqssWRwTYGspi5WZlSBYg/s320/RainMan.MP.jpg" width="320" /></a></div><br /><p>It's March and the annual <a href="https://www.oscars.org/">Academy Awards</a> show is just around the corner. Loving all types of storytelling, I make it a personal goal to watch as many of the nominated films as I can each year. This year in addition to the nominated films, I revisited the movie <a href="https://en.wikipedia.org/wiki/Rain_Man">Rain Man</a>, which took home eight Oscars at the <a href="https://www.imdb.com/title/tt0095953/awards/">1989 awards show</a>, including Best Picture. The film explores a week in the life of Charlie Babbit (played by <a href="https://en.wikipedia.org/wiki/Tom_Cruise">Tom Cruise</a>) who has just learned that his estranged father has died. Charlie returns home to Ohio for the funeral, and to hear what his father's will states. He is both expectant and annoyed to learn that his father, a wealthy man, has left him a prized car and rose bushes. The rest of his $3 million estate is directed to a trust with an unnamed beneficiary. Ever the son with a sense of entitlement and a growing personal finance troubles, Charlie sweet talks an employee at the trust office to learn the location of the mysterious beneficiary. He quickly learns that he has a much older brother who is autistic, residing in a care facility. Consistent with his spoiled ways, Charlie whisks his newfound brother, Raymond (played by <a href="https://en.wikipedia.org/wiki/Dustin_Hoffman">Dustin Hoffman</a>) away on a road trip to his home in California. Charlie convinces himself that he can hold his brother as leverage and convince the trustee to "split" the estate between the two brothers. A week on the road together allows Charlie to grow and mature in ways he never did before, leaving the viewer with a very "Hollywood" ending to a great film. </p><p>When I turned off my TV and let my attorney brain review the message and theme of the film, I found myself thinking about the character never shown on the screen -- Sanford Babbit. Writing his will, the elder Babbit sensed that his youngest son was not mature and still needed to grow up. He also likely new his son had an overgrown sense of entitlement. At age 16 Charlie took his father's prized car for a joy ride, that not only landed him in jail but was the final straw in their relationship. Once he was out of jail he left home, never to speak to his dad again. Yet when he wrote his will he left his son two gifts that had little value, and instead directed this large estate into a trust. As a parent I think it is easy to anticipate Charlie would go looking for the money, and that trouble would quickly follow.</p><p>So much of estate planning is seen from the vantage point of the person writing the will, with little to no consideration given to the people left here on Earth navigating grief, expenses, and the distribution of assets. A subtle message from this film may be to give a plenty of thought to what the terms of your estate plan will do to the dynamics of your family, especially if you are leaving children behind. </p><p>Know of another great movie that touches on estate planning and or probate? Send me a comment and I'll check it out! Also, remember that a blog is not legal advice. It is meant to spark thought and discussion only. Please consult an attorney in your home state for advice specific to your situation. Thanks for reading, and be well!</p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-91868758502221899712024-02-26T08:30:00.004-06:002024-02-26T08:30:00.127-06:00Word of the Month: Personal Representative<p>Word of the Month: Personal Representative</p><p>By Melinda Gustafson Gervasi</p><p>February 26, 2024</p><p><a href="https://www.wicourts.gov/services/public/selfhelp/docs/probateguide.pdf">Personal Representative</a> is the term used in Wisconsin to identify the person authorized to administer the estate of a deceased person. In other states it is called an Executor. A will or a codicil (an amendment to a will) nominates a person for this role. The actual authority of a Personal Representative is expressed in a document called the Domiciliary Letter, issued by a probate court. This explanation of the term, as offered in <a href="https://www.kenoshacounty.org/DocumentCenter/View/1107/A-Guide-to-Information-Probate-in-Wisconsin?bidId=">Wisconsin's Personal Representative's Handbook</a> is <a href="https://www.collinsdictionary.com/us/dictionary/english/academic#:~:text=Academic%20is%20used%20to%20describe%20work%2C%20or%20a%20school%2C%20college,literary%20More%20Synonyms%20of%20academic">academic</a>. It helps understand the theory, but does little to help with real world application. In my humble opinion, when thinking about who to nominate as the Personal Representative in your will, I say to aim for <a href="https://en.wikipedia.org/wiki/Switzerland">Switzerland</a>. Who is neutral, precise and efficient.</p><p></p><ul style="text-align: left;"><li>Neutral -- who can you nominate that will be fair, reasonable, and not have a so-called dog in the fight as assets are liquidated, bills paid, and monies distributed. You do have the option to nominate an institution, such as the wealth management division of a bank. For my fellow Credit Union supporters, I have yet to find a Wisconsin Credit Union that offers this service.</li><li>Precise -- doing a probate is akin to going through a federal IRS audit while in bootcamp. Minutia is the name of the game when gathering assets, paying liabilities and reporting the activity to the court. In the end the Final Accounting needs to balance to the penny -- meaning all the assets gathered by the Personal Representative as well as those funds that were distributed must balance out to a zero balance. Not everyone has this skill-set.</li><li>Efficient -- when a probate is opened in Wisconsin the court expects to have an inventory of all the estate assets within 6 months of the matter being opened, and for the entire process to be closed within 12 months. This means that assets are gathered, sold, bills and income taxes are paid and funds distributed to the heirs. While extensions are possible, having the final affairs linger is not enjoyable for the heirs nor does it please the court. A Personal Representative needs to take action efficiently. </li></ul><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjFBZrsq8AeNRcftndXqgHfjUX3GM9E6c3X0gv53lA72ZWmNnY9xCngZGa9kC3RbsSaUHp_xX_WbEZ5q-W5SVb37U2_z8BGBVnTUPKAbtnOTWG_q1wE1oXzSMJFokkmaJlnDZhAhCxKzrpQlIrVX4Pajo9rcAly1nHKm7OYO6FUz5z-3e8GFBy2vSUiQrw7/s4032/chocolate.jpg" imageanchor="1" style="margin-left: auto; margin-right: auto;"><img border="0" data-original-height="3024" data-original-width="4032" height="240" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjFBZrsq8AeNRcftndXqgHfjUX3GM9E6c3X0gv53lA72ZWmNnY9xCngZGa9kC3RbsSaUHp_xX_WbEZ5q-W5SVb37U2_z8BGBVnTUPKAbtnOTWG_q1wE1oXzSMJFokkmaJlnDZhAhCxKzrpQlIrVX4Pajo9rcAly1nHKm7OYO6FUz5z-3e8GFBy2vSUiQrw7/s320/chocolate.jpg" width="320" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;">Chocolate on the shelf at Target -- author stocking up supplies for the office candy dish</td></tr></tbody></table><br /><div><br /></div><div>Nominating a Personal Representative is an important job. Take it seriously. Who is appoint is likely a crucial decision in how well your final affairs will be administered. </div><div><br /></div><div>Thank you for reading, please share on social media if you think this might help others. Remember, a blog is not legal advice. It is meant to spark thought and reflection. Please seek the legal counsel of an attorney licensed in your state of residence. Be well!</div><p></p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-78983383626036159792024-02-19T08:30:00.005-06:002024-02-19T08:30:00.130-06:00Estate Planning Pro Tip: Always Have a Back-up<p>Estate Planning Pro Tip: Always Have a Back-up</p><p>By Melinda Gustafson Gervasi</p><p>February 19, 2024</p><p><br /></p><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj96RH9mbgEpRNpDjEqdaLv9x6_UvvDTnDp6k7oHYQ4FKXnmdVAvEGhESpa77x1UfXw6YGVj-q0fsFHCmtWLPMXYEebPCjdFbuvvmAUibcDLoHgv3bDXT4akTVuGYBeDnUAGYiYTE1Ixm_su_ika9Enc5-27e-ADuo2EiQLuc9nOjUymGSsZPI5UhqjATmV/s4032/Backup.jpg" imageanchor="1" style="margin-left: auto; margin-right: auto;"><img border="0" data-original-height="4032" data-original-width="3024" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj96RH9mbgEpRNpDjEqdaLv9x6_UvvDTnDp6k7oHYQ4FKXnmdVAvEGhESpa77x1UfXw6YGVj-q0fsFHCmtWLPMXYEebPCjdFbuvvmAUibcDLoHgv3bDXT4akTVuGYBeDnUAGYiYTE1Ixm_su_ika9Enc5-27e-ADuo2EiQLuc9nOjUymGSsZPI5UhqjATmV/s320/Backup.jpg" width="240" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;">The "back-up" lunch bags</td></tr></tbody></table><p><br /></p><p>Oftentimes what prompts a client to schedule an appointment with me is either a Stage 4 cancer diagnosis, the death of loved one that caused a chaotic mess they wish to avoid for themselves, international travel from which a fear of our own mortality rises up enough to make someone want a will, or it is simply a New Years Resolution. Rounding out the Top 5 motivations I've noted to prompt a client to create an estate plan is the birth of a child. These are some of my favorite meetings because the chances are good the couple will bring their newborn infant to the signing. With two teenagers in my home, time with a newborn is a precious moment.</p><p>As any seasoned parent would, I will offer the new parents a tip or two. I avoid the rote advice of "sleep while you can" for those meeting with me prior to the birth or "sleep when the baby sleeps" for those with a bundle in their arms. Instead I offer the idea of "always have a back-up". Whether it be winter boots, a lunch box, or the industrial sized peanut butter jar, my kids will tell you "mom always has a back-up". I attribute this to my slightly over-the-top Type A personality and a strong disdain for the last minute scramble. The word planner is literally in my job description. At home I plan for the day the child leaves their winter boots at after school camp or the lunch box will be overnighting the school lost-and-found. It will happen, it is a question of when. And when it does, I pull out the back-up. Now my back-ups are likely to be utilitarian, often a handy-me-down from a neighbor or a thrift store find. My frugality is about as strong as my planner behavior. But, my mornings tend to be less chaotic and more calm with backups. The back-up may not be perfect, but it gets the job done. This same approach works at the office.</p><p>A client will tell me, I want my daughter to be my agent on my healthcare power of attorney. "Great" I respond, "and if she cannot act, then who do you wish to name?" On and on I will ask this question for the various roles you appoint people to when creating an estate plan. If you are taking the time to create an estate plan, go the extra mile and make sure you have your backups in place. You'll likely sleep better at night and avoid a scramble.</p><p>Thank you for reading, please share this post on social media if you found it helpful. Remember that a blog is not legal advice, but a means to spark thought and reflection. Always seek the counsel of an attorney licensed in your home state for advice. Be well!</p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-11564220915078130812024-02-12T08:30:00.006-06:002024-02-12T08:30:00.124-06:00Lesson from Grey's Anatomy: Revolutions Don't Schedule Appointments<p>Lesson from Grey's Anatomy: Revolutions Don't Schedule Appointments</p><p>By Melinda Gustafson Gervasi</p><p>February 12, 2024</p><p><br /></p><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg-zbqxeryYUeXfI3aWvsQD4kUrh5_5q8qkRNEcPb_TAnZYxh42rkenlrCm7mIkHKwuGy20CZXKzMoWQt6eirBWdZbSxdyd590-wTZeuWEa4gMHEDbpvJH6Fido-7aWqsUchx-v0KQ02PURD6ch4DceAsG74LQa6BIB2MfmhIr9Wx9LlmVeRw6JxuMeclHH/s4032/Greys.jpg" imageanchor="1" style="margin-left: auto; margin-right: auto;"><img border="0" data-original-height="4032" data-original-width="3024" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg-zbqxeryYUeXfI3aWvsQD4kUrh5_5q8qkRNEcPb_TAnZYxh42rkenlrCm7mIkHKwuGy20CZXKzMoWQt6eirBWdZbSxdyd590-wTZeuWEa4gMHEDbpvJH6Fido-7aWqsUchx-v0KQ02PURD6ch4DceAsG74LQa6BIB2MfmhIr9Wx9LlmVeRw6JxuMeclHH/s320/Greys.jpg" width="240" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;">Author's Hoodie -- a Christmas gift, with a touch of cat fur from Law Cat</td></tr></tbody></table><br /><p>Confession time, I am one of the fifteen to twenty million loyal viewers of ABC's hit, <a href="https://variety.com/2020/tv/news/greys-anatomy-ellen-pompeo-debbie-allen-krista-vernoff-chandra-wilson-1234816801/">Grey's Anatomy</a>. I find the characters' intensity and devotion to a career that must keep learning after the graduation hats are tossed to be similar to my field, the practice of law. Rarely does an episode cause me to slip into thinking about work; it has proven to be a wonderful way to relax on a night or weekend. However, recently while watching an episode in Season 17, I found myself nodding when Dr. Richard Webber made a statement to Dr. Jackson Avery -- "Son, revolutions do not make appointments". The character was commenting on the Black Lives Matter movement that was a part of the show's storyline.</p><p>I nodded because I thought to myself "nor does a medical crisis make an appointment". In my field of estate planning and probate administration I can tell you that the scenarios in which your powers of attorney or will are needed rarely feel planned. Even for those with a chronic or terminal condition, health events evolve quickly and often erratically. The lesson I offer from this show is to make an appointment now, during the calm period of life, to create or update your estate plan, which consists of: powers of attorney, a will, and in some cases a form of a trust, as well as documents stating who can make your burial and funeral arrangements. </p><p>While you may be able to complete this task on your own, hiring an attorney to help you cross the finish line may be a smart move. For many people hiring an attorney is an unpleasant an daunting task. Rather than leave it up to a Google search, consider these options to help you find someone you trust to help ease the burden:</p><p></p><ol style="text-align: left;"><li>Ask family and friends who live in your area if they had an attorney they worked with. If they did and it was a positive experience, they'll be happy to share the contact information. And if they had an experience they hated, they will say so as well;</li><li>Get a referral from your CPA, financial planner or banker. Likely this professional in your life will have the name of an attorney who operates in a similar fashion, increasing your chances you will enjoy working with the lawyer; and</li><li>Research the attorney to see if they will be easy to talk with. See if you can get a feel for how they communicate and what they value. When it comes to estate planning you will need to speak freely about your family dynamic, health situation and financial position in order to get the most sound advice.</li></ol><p></p><p>Thank you for reading. Remember that a blog is not leave advice. Please consult with an attorney licensed in your home state for advice specific to your situation. If you have found this helpful, please share it on your preferred social media. You can also enter your email address above (upper right corner) to receive future posts. Be well!</p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-28132736749296729382024-02-05T10:53:00.001-06:002024-02-05T13:23:32.602-06:00What to Tell Your Personal Representative: the 4 Ps<p>What to Tell Your Personal Representative: the 4 Ps</p><p>By Melinda Gustafson Gervasi</p><p>February 5, 2024</p><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjcWbTK1BUCoMCIVYvLy0Rn8npy16-oh89Cxg6dKGOElP_o-L1XluyBhv8Z2HuqGgaFJ6HSk2xmzwnXT2jZwaGyHXMQ89zfB7PvzgY_61a7uv9yC6FXq_tkXUvuiLpNoYob2JLFAEW47lpKL9YLmckwS9PrD09GYKNwPj2OJyHTojuBD5v49HYBdoT6PsOz/s3008/Cairn.JPG" style="margin-left: auto; margin-right: auto;"><img border="0" data-original-height="3008" data-original-width="2000" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjcWbTK1BUCoMCIVYvLy0Rn8npy16-oh89Cxg6dKGOElP_o-L1XluyBhv8Z2HuqGgaFJ6HSk2xmzwnXT2jZwaGyHXMQ89zfB7PvzgY_61a7uv9yC6FXq_tkXUvuiLpNoYob2JLFAEW47lpKL9YLmckwS9PrD09GYKNwPj2OJyHTojuBD5v49HYBdoT6PsOz/s320/Cairn.JPG" width="213" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;">Image by M. Gustafson Geravsi, 2024</td></tr></tbody></table><p>Weekly clients express a desire to make sure taking care of their final affairs is easy for the Personal Representative (known as an Executor in other states). Wishes are achieved by taking action. Here are the 4 "P"s I recommend sharing with your Personal Representative to ease the process when you earthly time comes to an end:</p><p></p><ol style="text-align: left;"><li>Personal Data -- include the basics such as Date of Birth, Social Security Number, dates of marriages, divorces or spouse/partner deaths as well as your religious affiliation, educational achievements and family tree.</li><li>People -- who should be contacted upon your death? With many people using cell phones the white pages of yesteryear are gone. Provide up-to-date cell phones, addresses and email addresses. Include the obvious close family and friends as well as those people you rely on: childcare provider, pet sitter, employer or employees, housekeeper, lawn care service, accountant, attorney, and financial planner.</li><li>Pets -- <a href="https://www.statista.com/statistics/198095/pets-in-the-united-states-by-type-in-2008/#:~:text=In%202023%2C%20around%2066%20percent,has%20also%20witnessed%20steady%20growth.">Approximately 66% of American households have a pet</a>. Leave information relating to the veterinarian, food needs, pet sitter, and who can care for the animal(s) for both the short and long-term care needs.</li><li>Professional Duties -- for those still in the workforce or with active professional credentials, leave information related to professional organizations you belong to, a list of professional insurances you carry, banking and financial information related to your work duties, and social media accounts used for work purposes (such as LinkedIn).</li></ol>Whether it is a yellow legal pad, a spreadsheet, or a new ap for your phone, taking the time to organize these key aspects of your life will make the process just a bit easier for the person(s) charged with handling your final affairs.<p></p><p>Thank you for reading. Remember that a blog is not legal advice. It is meant to spark thought and reflection. Please consult with an attorney licensed in your home state for advice specific to your unique needs. Be well, and please feel free to share this post on social media! </p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-38361199080874866072024-01-29T08:00:00.007-06:002024-02-05T14:05:38.101-06:00Word of the Month: Ancillary Probate<p>Word of the Month: Ancillary Probate</p><p>By Melinda Gustafson Gervasi</p><p>January 29, 2024</p><p><br /></p><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiP5Hv9J-ilV2Hj588wTEt3al3cxexzskg3jF7T5J1KkNGvJ0MThCjSq7AOG7AvT9HI1FQsbZ8w6mPnnsWwrpMKCkC9V2PDb8BeFukbrrlJJ_KcUtU777lcZpPTRov6-wBwztBB7hq3pvqg8cr3YA6NWpBhHDxfqKnrGuwuYEZnuYVY5TA_GOlfCYoWYodc/s2560/Flower.jpg" style="margin-left: auto; margin-right: auto;"><img border="0" data-original-height="2560" data-original-width="1920" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiP5Hv9J-ilV2Hj588wTEt3al3cxexzskg3jF7T5J1KkNGvJ0MThCjSq7AOG7AvT9HI1FQsbZ8w6mPnnsWwrpMKCkC9V2PDb8BeFukbrrlJJ_KcUtU777lcZpPTRov6-wBwztBB7hq3pvqg8cr3YA6NWpBhHDxfqKnrGuwuYEZnuYVY5TA_GOlfCYoWYodc/s320/Flower.jpg" width="240" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;">Image by M. Gustafson Gervasi, 2024, Geranium on the Windowsill</td></tr></tbody></table><p><b><i>The following is a hypothetical situation, it is not based on an actual client experience. It is a story meant to illustrate an issue common to estate planning.</i></b></p><p>The death of a loved one is never easy. Processing the affairs of a recently deceased loved one in January, specifically January in Wisconsin, is a very difficult task. Recently the adult child of a former client of mine made their way through the snow and slush that mother nature dumped on my hometown of <a href="https://www.cityofmadison.com/">Madison, Wisconsin</a>, and arrived at my office. Once their winter parka, hat and gloves were nestled into the coat tree in my waiting area, we sat down at the conference table to discuss "next steps".</p><p>Papers were pulled from color coded files the child had gathered from their parent's home. There was the title to the Toyota Prius, copies of recent IRA Statements, printouts from the bank where savings and checking accounts existed, the deed to the house. The pile contained last year's income tax filings, a property tax bill due any day, and credit card statements. And at the bottom of the stack of paperwork we found a deed for land in <a href="https://www.michigan.gov/som">Michigan</a>. "Oh, that is the cabin -- my grandfather built it by hand, and left it to my mom when he died in 1973."</p><p>My conversation with the child now veered into the topic of "<a href="https://thelawdictionary.org/ancillary-administration/">ancillary probate</a>"; the cabin is over the border and in a different state. Oftentimes the Personal Representative (or called an Executor in other states) discovers the deceased person owned property held in another state. For example, a lake home, cabin, recreational land, or a boat docked in warmer waters. In this specific situation, the child would need to open a Wisconsin probate, which would handle the transfer of nearly all the decedent's assets. However, the cabin owned in Michigan would need to be transferred under Michigan law -- creating what we call an ancillary probate. Procedures vary from state to state, and in some cases probate can be avoided if the state has a "small estate" method for avoiding probate on lower-value assets. The web of final affairs became a bit more layered with land owned outside of Wisconsin, but a path did appear. And now the child as well as you the reader have expanded your vocabulary to include an understanding of "<a href="https://thelawdictionary.org/ancillary-administration/">ancillary probate</a>".</p><p>Remember that a blog is not legal advice; it is a means to spark thought and reflection. Please consult with an attorney licensed in your state for advice specific to your situation. Thank you for reading, be well!</p><p><br /></p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-62348235239333061452024-01-22T08:00:00.021-06:002024-01-22T08:00:00.144-06:00Taxes Are In The Air<p>Taxes Are In The Air</p><p>By Melinda Gustafson Geravsi</p><p>January 22, 2024 </p><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiaJUQV9qp6dFBhA2BPnSl00jkt01KQRNGxmT9bicncHEnLIdT8YXj4NA_eb4ldEUfCpHx957Q9PqV3a0mFi_tCVLJmcOanJURklmLnLh9znHbM-ywZUZu8NJfwsVdt5dWUNKKk8KPzrscL33kiD7f1a7NLUBa4ydGT_SriTY0ffxkYg5FlbC1EMTa3YMlN/s4320/JanCold.jpg" imageanchor="1" style="margin-left: auto; margin-right: auto;"><img border="0" data-original-height="4320" data-original-width="2432" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiaJUQV9qp6dFBhA2BPnSl00jkt01KQRNGxmT9bicncHEnLIdT8YXj4NA_eb4ldEUfCpHx957Q9PqV3a0mFi_tCVLJmcOanJURklmLnLh9znHbM-ywZUZu8NJfwsVdt5dWUNKKk8KPzrscL33kiD7f1a7NLUBa4ydGT_SriTY0ffxkYg5FlbC1EMTa3YMlN/s320/JanCold.jpg" width="180" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;">Garner Park, Madison, WI - Image by M. Gustafson Gervasi 2024</td></tr></tbody></table><br /><p>January has arrived, bringing with it artic air to my hometown of Madison, Wisconsin. No matter where you live in America, the month of January also brings the flutter of envelopes into your mailbox, all stamped IMPORTANT: TAX INFORMATION. Whether it be a W2 from your employer, a 1099-Misc from your investments, or a K-1 showing stock gains, many of us are gathering forms to complete our annual income tax filings. </p><p>Taxes quickly become complicated and technical because the IRS tax code is anything but simple. When in doubt, I also say it is less expensive to hire a CPA for advice beforehand than to hire one to clean up a mess after-the-fact. In area of focus, estate planning and probate, there are three main taxes that come up in client meetings:</p><p></p><ol style="text-align: left;"><li>Income Taxes -- a tax owed on income that can be owed at both the federal and state level. Also, when a person dies there might be income taxes owed on earnings from January 1st to the date of death, and then income taxes owed on earnings (think dividends, interest, etc) from the day after death to December 31st.</li><li>Gift Taxes -- a tax owed by the person making a gift IF the tax is not exempt and exceeds the limit set by the IRS for that year (in 2024 the limit is $18,000/person). Quite often I see a child who was named as a co-owner of a parent's bank account. The parent dies and the child becomes the owner of the entire bank account. If that child wants to share the account with a sibling who was not named, and that share is over the gift tax limit, a gift tax return may need to be filed. It is an unpleasant surprise.</li><li>Estate Taxes -- a federal (and sometimes a state tax depending on where you live) that is assessed on assets that exceed a level set by Congress. In 2024 that limit is $13.6 million for an individual. While this tax impacts less than 1 percent of Americans, many people harbor a fear of the "death tax". In my everyday operations I see the gift tax surprise more people than the federal estate tax, however, I focus on working with middle class Americans.</li></ol><div>A blog is meant to spark thought, reflection, and discussion. It is not legal advice. Please consult with an attorney (and often a CPA) who is licensed in your state of residence for input on your unique situation. Be well and thank you for reading. </div><p></p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-16344905056588253142024-01-15T11:48:00.003-06:002024-01-15T11:48:22.809-06:00Anyone Can Leave a Legacy<p>Anyone Can Leave a Legacy</p><p>By Melinda Gustafson Gervasi</p><p>January 15, 2024</p><p>Today our nation celebrates the legacy of <a href="https://www.britannica.com/topic/Martin-Luther-King-Jr-Day">Martin Luther King Jr</a>. Across this country parades are held, speeches are given, and banquets are held. It seems an appropriate time to remind you that, in my opinion, anyone can leave a legacy. With a bit of reflection, strategic thinking and planning you can promote what you value. </p><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgHBh4nEgHYGGiMsiCKDRnRFuoWwx_gO6JN4MeX8bl5fY07nn4bbqTVTikFnjIZfQlLCsCk5tL6FfPrTl5O_gqkqPTSfzZWf80D-HFPl2xcvq1_mKf0UHAyrbYJdKqyWkY6VSGVq261dx-kMqsr9nrFAnZHIVL_XAHqotn6J5ODwUXeyAjgCza4MJBSMpTO/s3008/Memphis.JPG" imageanchor="1" style="margin-left: auto; margin-right: auto;"><img border="0" data-original-height="3008" data-original-width="2000" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgHBh4nEgHYGGiMsiCKDRnRFuoWwx_gO6JN4MeX8bl5fY07nn4bbqTVTikFnjIZfQlLCsCk5tL6FfPrTl5O_gqkqPTSfzZWf80D-HFPl2xcvq1_mKf0UHAyrbYJdKqyWkY6VSGVq261dx-kMqsr9nrFAnZHIVL_XAHqotn6J5ODwUXeyAjgCza4MJBSMpTO/s320/Memphis.JPG" width="213" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;">Image by M. Gustafson Gervasi 2024</td></tr></tbody></table><br /><p>Back in 2013 I released a small book, meant to be read in an afternoon, to teach this concept to Middle Class America. Over a decade later key concepts remain true and the steps you can take are relatively easy. Here are 3 easy steps you can take to leave a legacy:</p><p></p><ol style="text-align: left;"><li>Direct 10 percent (or any percentage) of your retirement funds to a nonprofit organization that is close to your heart;</li><li>Request that In Lieu of Flowers, mourners make a donation to a charity that was pivotal in your life, such as: a college, university or trade program; medical research; or mental health support.</li><li>Leave directions to have your tangible personal property (furniture, clothing, books, etc) donated to a thrift store that aligns with your interests (my personal favorite is the Dane County Humane Society Thrift Store).</li></ol><div>A philanthropic life does not require you to have a seven-figure net worth. Read more about how middle class Americans had a positive impact on the operation of a nonprofit by checking out <a href="https://www.amazon.com/Middle-Class-Philanthropist-Anyone-Legacy/dp/0989808203">Middle Class Philanthropist: How Anyone Can Leave a Legacy</a>. If you have a story to share, reach out with a comment or email me directly.</div><div><br /></div><div>A blog is not legal advice, but a platform to promote thought and reflection. Please seek legal advice from an attorney licensed in your home state. Thank you for reading, stay warm (it is -2 F at Noon here in Madison, Wisconsin), and be safe.</div><p></p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-54207841677971278522024-01-08T13:18:00.003-06:002024-01-08T13:18:18.886-06:00Estate Planning: Take It One Bite At A Time<p>Estate Planning: Take It One Bite At A Time</p><p>By Melinda Gustafson Gervasi</p><p>January 8, 2024</p><p>There is an African saying, <a href="https://www.psychologytoday.com/us/blog/mindfully-present-fully-alive/201804/the-only-way-to-eat-an-elephant">"What is the best way to eat an elephant? One bite at a time"</a>. If 2024 is the year hope to tackle estate planning but do not know where to start, I suggest you embrace the wisdom of this saying. Creating an estate planning, or updating an out-of-date plan can be monumental and thus unattainable. Do not be deterred. Break it down into small steps and you will make progress. Here are 5 small tasks to get you started:</p><p></p><ul style="text-align: left;"><li>Create your powers of attorney to say who is in charged of your finances and or health care decisions if you are alive but too ill to act;</li><li>Review the beneficiary forms on your life insurance and update them if needed;</li><li>Review the beneficiary forms on your retirement accounts and update them if needed;</li><li>Create a list of your assets and liabilities to create an easy to access map of your finances for your loved ones if you die; and </li><li>Write out the contact information for people that should be notified in case of your illness or death, everyone from your college roommate to your cat sitter to your accountant.</li></ul><br /><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhlKIjCLUdU0-w1FhOVjZwGoNhxCcCuXjmsp1mx_gQTfoKvttmydIapcbBYvCPAdkIYPuSYBK04rf01MA-emK5lDVPNjYikWiJyzSRLuLmq2aWUteufeAljRQSnA4PxNk5YWRVPykRvMb7JMDCabce6crGtpLtIrpDSYypqUrhPW3W-pkSy1Ye54kt7VHwU/s2560/elephant.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="2560" data-original-width="1920" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhlKIjCLUdU0-w1FhOVjZwGoNhxCcCuXjmsp1mx_gQTfoKvttmydIapcbBYvCPAdkIYPuSYBK04rf01MA-emK5lDVPNjYikWiJyzSRLuLmq2aWUteufeAljRQSnA4PxNk5YWRVPykRvMb7JMDCabce6crGtpLtIrpDSYypqUrhPW3W-pkSy1Ye54kt7VHwU/s320/elephant.jpg" width="240" /></a></div><br /><div><br /></div><div>It is estimated that only 32 percent of Americans have a will or estate plan. Go against the tide, break the work down into more simple tasks, and work towards putting together the peace of mind you will give loved ones if the unthinkable happens.</div><div><br /></div><div>Thank you for reading. A blog is not legal advice, but meant to spark thought and reflection. Seek legal advice from an attorney licensed in your state of residence for advice specific to your situation. Be well!</div><p></p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-62249756237915706382023-12-29T07:00:00.004-06:002023-12-29T07:00:00.164-06:00Lessons From Fisk: Family Fights and the Role of Wills<p>+Lessons From Fisk: Family Fights and the Role of Wills</p><p>By Melinda Gustafson Gervasi</p><p>December 29, 2023</p><p>The final episode of Season One of the Australian comedy <a href="https://en.wikipedia.org/wiki/Fisk_(TV_series)">Fisk</a> has two parallel storylines. One storyline features two men who, may or may not, be brothers. Their confrontation in the law offices of Gruber & Associates ends with fisticuffs in the waiting area. The second storyline involves an elderly man seeking to write a will. His intent is to be prescriptive and thus avoid fighting after his death. Helen grabs her pen and paper to begin taking notes and chuckles a bit when the man says "let's start with the fitted sheet sets". He was not joking. The client painstakingly created the most detailed list of the contents of his home. Listing each item and stated who should inherit.</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhOVa41eHLSQkIjPjpNvrmKDuKsTuP0HjKTW5tA04GxDHeM4Qg2yPtwsxwWsO1D_4eCDy4kMkt7OF7-YKwLs1fJbKwqENv8b5oefgGQpDDdkoQHmVfogjS-VIXWp4M3GknzJRPpX1OpoYlgg916MW1RAu2TSNh2A3TeBo0PKpuu4R-16bbASQuxw2wfGpNn/s4032/PXL_20231127_181441345.MP.jpg" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="3024" data-original-width="4032" height="240" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhOVa41eHLSQkIjPjpNvrmKDuKsTuP0HjKTW5tA04GxDHeM4Qg2yPtwsxwWsO1D_4eCDy4kMkt7OF7-YKwLs1fJbKwqENv8b5oefgGQpDDdkoQHmVfogjS-VIXWp4M3GknzJRPpX1OpoYlgg916MW1RAu2TSNh2A3TeBo0PKpuu4R-16bbASQuxw2wfGpNn/s320/PXL_20231127_181441345.MP.jpg" width="320" /></a></div><br /><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhz18r5T0VZjyEF5pLniVtSwF8YUXJb4JxgrRIUB0TG4uoWMbvSQn1rwTitoUS8WG-HMfO-m2of3nlka2T1NlP4YSEX1M18vmzd4AblsPC-azcIP7m9IjGJopScGEOzD4Y3IdA8ecsxTaWLDamln4CQhPmFZkYPRJuLPfcfWFnPyZvPqBomv6QMyEUZR7jg/s4032/PXL_20231127_180111877.MP.jpg" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="3024" data-original-width="4032" height="240" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhz18r5T0VZjyEF5pLniVtSwF8YUXJb4JxgrRIUB0TG4uoWMbvSQn1rwTitoUS8WG-HMfO-m2of3nlka2T1NlP4YSEX1M18vmzd4AblsPC-azcIP7m9IjGJopScGEOzD4Y3IdA8ecsxTaWLDamln4CQhPmFZkYPRJuLPfcfWFnPyZvPqBomv6QMyEUZR7jg/s320/PXL_20231127_180111877.MP.jpg" width="320" /></a></div><p>The take-away from this final episode of season one of Fisk is that a well thought-out will <i>may</i> prevent or reduce family fighting that can occur in the wake of a death. The emphasis on <i>may</i> is my own doing. After nearly twenty years of working as an estate planning and probate attorney I know that no matter how detailed and precise a will can be, in some situations nothing can dampen the emotions that flare to life during a period of grieving. As a lawyer and as a parent my heart breaks to see the relationships that end due to fighting when a loved one dies. However, taking the time to draft proper legal documents that say who is in charge and what things you want to have happen is a final gift to your loved ones. A plan, while perhaps not perfect, is better than no plan at all.</p><p>Thank you for reading. Remember that a blog is meant to spark thought and reflection, it is not legal advice. Pleas consult with an attorney in your home state for advice specific to your situation. Follow along in the year ahead by clicking on Follow in the upper right corner and enter your email address to receive future posts. I'll be back in the New Year with fresh posts, and one day more take-aways from Fisk Season Two was released on Netflix December 1, 2023. Check out my blog later in 2024 for more "take-aways" from the show. </p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-89919401672120521822023-12-22T07:00:00.006-06:002023-12-22T07:00:00.144-06:00Lessons From Fisk: Finding an Estate Planning Attorney You Want to Work With<p>Lessons From Fisk: Finding an Estate Planning Attorney You Want to Work With</p><p>By Melinda Gustafson Gervasi</p><p>December 22, 2023</p><p>Episode Five, Season One, of the Australian comedy Fisk pushes Helen beyond the paperwork of being an associate and into the work of client development. In the opening scene, Roz Gruber shoos Helen away from the conference table saying "Helen, why don't you go and work on bringing in some new business?" As the episode unfolds, Helen keeps her eyes open for the middle-aged people squabbling over an inheritance, which were described as the ideal client by Office Manager Roz Gruber (who is temporarily suspended from practicing law for unknown reasons). It's at the book club hosted by her Aunt and Uncle, with whom she is couch surfing, where Helen finds her first client with a squabble over a will. She ends up passing out business cards to the outstretched hands of the book club members. </p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEir1TVyHQzi7Fgl35hriAOWe-u_lkMNpH8-a6N2vdxCVtNNEYpYebuK0CDxdbqIhTooYwzfq1fUpMgiuFCjyrwF22mblUmBdGMNgyKmxoH_3cZkvt0jIJIpHg0zZ7L7Ha7nMMaSU1w1Gu-SNnpBDy2iD5I0kFsgaB_jR5Vz_bowqgvyOcoeegT3eh69I71I/s4032/PXL_20231127_175331304.jpg" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="3024" data-original-width="4032" height="240" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEir1TVyHQzi7Fgl35hriAOWe-u_lkMNpH8-a6N2vdxCVtNNEYpYebuK0CDxdbqIhTooYwzfq1fUpMgiuFCjyrwF22mblUmBdGMNgyKmxoH_3cZkvt0jIJIpHg0zZ7L7Ha7nMMaSU1w1Gu-SNnpBDy2iD5I0kFsgaB_jR5Vz_bowqgvyOcoeegT3eh69I71I/s320/PXL_20231127_175331304.jpg" width="320" /></a></div><br /><p>My take-away for you from this episode are the following ways you might want to connect with your own estate planning and or probate attorney rather than relying on a Google search. Keep in mind that this area of the law delves into your family tree, personal finances, health issues and other very sensitive topics. It is critical that you trust the attorney you are working with and allow yourself to open up to them. Then and only then can they provide the best advice because they will know the details of your life, understand your goals, and recommend the best tools to achieve them.</p><p></p><ul style="text-align: left;"><li>Ask for a referral from the other professionals you have hired to assist in your life: accountant, financial planner, personal banker, insurance agent. They would likely know of an attorney who has a similar communication style to the one they use with you;</li><li>Check in with local family and friends to seek if they have an attorney who might be a good fit. They will give you honest feed back on whether they'd recommend the attorney;</li><li>Review the membership of organizations you attend to seek if there is an attorney who shares your values. For example, at your place of worship, where you volunteer, or who sits on the board of your local nonprofit.</li></ul><div>I would urge you to remember that a person can be an attorney, but not be knowledgeable in the area of estate planning and probate. There are many doctors in our world, however, I doubt you would ask your allergist to perform your c-section. When looking for a lawyer, it might be wise to look for one that focuses on the area of estate planning and probate. </div><div><br /></div><div>Thanks for reading. A blog is meant to spark thought and reflection, it is not legal advice. Please seek counsel from an attorney licensed in your home state for advice specific to your situation. Check back next week for the final post of 2023 and my last take-away from Season One of Fisk. </div><p></p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-61760309881885439102023-12-15T07:00:00.001-06:002023-12-15T07:00:00.143-06:00Lessons From Fisk: Hoarding, Tech and the Post-It Note is Your Friend<p>Lessons From Fisk: Hoarding, Tech and the Post-It Note is Your Friend</p><p>By Melinda Gustafson Gervasi</p><p>December 15, 2023</p><p>Episode Four of Season One of the Australian comedy Fisk is filled to the brim the take-aways. First, there is a plot line about addressing the post-death cleanup of a hoarder (or "rubbish bin challenged individual as coined by Ray Gruber). When the executor of the estate is not coping well with the clean-up, Gruber & Gruber brings in a temp worker to lend a hand. The take-away here, purge what you can now in life to make handling your final affairs easier on your loved ones. Also, if you are find yourself in the role of cleaning up the final affairs for someone who did not get this message, remember, you can outsource some of these tasks. </p><p>Second, Helen when faced with the possibly of having to argue in court, turns to her father for help. Helen's father, Anthony Fisk, is a retired Australian Supreme Court Justice. Along with his life partner, Viktor (who was previously the justice's Tipstaff (in Australia this is a role that assists justices with complex legal research and other court functions), the two help Helen prepare for oral arguments. The key to success is the post-it note. The take-away here is to organize your paperwork for quick and efficient action. The more organized you are, the more likely you will be to have a successful outcome when processing final affairs. </p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjbgfsmZRlVu3UAWwzoSm0W_tC7dubAjqu0Kj8SOySR30c3o7Yt2tHs6d4dHGoVUavbU218w9OhzoYbZzvtGRNowcn3rWl2Z-urmykp4vy7Fnh87bq8absa2o4IEANQypBXvJ2NgatUa9nzhLICbm7mc-0AQFRu8IHrZZQ4AlHm6yFQWPI72AyxK6_MzTn_/s4032/PXL_20231127_164501940.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="3024" data-original-width="4032" height="240" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjbgfsmZRlVu3UAWwzoSm0W_tC7dubAjqu0Kj8SOySR30c3o7Yt2tHs6d4dHGoVUavbU218w9OhzoYbZzvtGRNowcn3rWl2Z-urmykp4vy7Fnh87bq8absa2o4IEANQypBXvJ2NgatUa9nzhLICbm7mc-0AQFRu8IHrZZQ4AlHm6yFQWPI72AyxK6_MzTn_/s320/PXL_20231127_164501940.jpg" width="320" /></a></div><br /><p>And third, the show highlights the explosion of tech in our lives and how it can linger after death. In this episode Helen has a new client that is receiving texts from her deceased husband. Upset and perplexed, she hires Gruber & Associates to handle the matter. Helen bumbles her way through the quickly evolving role of tech in our lives and ends up with a good result from her client. The take-away here is to think about your online life now and how it may linger after your death, causing pain and discomfort for your loved ones. Use those organization skills to leave a quick and simple list of your digital foot-print and tips on how to turn it off when needed. </p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjyEHDnnHfaawBSV-SLyv_3HypF8fjBlHXH-z2bYu3tn0DL0Bu4ezALJ5jrTXe4LqamX2fRgx7_yj73WXIjHPTx5MMacfoRLwzuctkAacjBNcyJZ23ECYw3FWAW7umLcTH4RxJ5-HhzH2IwXdD8hgq9cVayrzqY75zkqdmPJkKdiO5RJyTdd8O3eksOQXzT/s4032/PXL_20231127_164559949.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="3024" data-original-width="4032" height="240" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjyEHDnnHfaawBSV-SLyv_3HypF8fjBlHXH-z2bYu3tn0DL0Bu4ezALJ5jrTXe4LqamX2fRgx7_yj73WXIjHPTx5MMacfoRLwzuctkAacjBNcyJZ23ECYw3FWAW7umLcTH4RxJ5-HhzH2IwXdD8hgq9cVayrzqY75zkqdmPJkKdiO5RJyTdd8O3eksOQXzT/s320/PXL_20231127_164559949.jpg" width="320" /></a></div><p>Thank you for reading. Follow along by clicking "Follow" in the upper right corner and enter your email address. Also, remember that a blog is meant to spark thought and reflection. A blog is not legal advice. Please seek counsel from an attorney licensed in your state of residence for advice specific to your situation. Be well. </p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-34185114246810390032023-12-08T07:00:00.003-06:002023-12-08T07:00:00.158-06:00Lessons From Fisk: Powers of Attorney, Elderly Parents, and Well-Meaning Adult Children<p>Lessons From Fisk: Powers of Attorney, Elderly Parents, and Well-Meaning Adult Children</p><p>By Melinda Gustafson Gervasi</p><p>December 8, 2023</p><p>Episode three, Season One of the Australian comedy Fisk introduces Helen to return clients of Gruber & Gruber, the Popovitch mother and daughter duo. Launched with comedic style, in this episode the new associate finds herself in a common situation: the adult child of a elderly parent with memory issues seeks power of attorney over the mother's finances. Gruber & Gruber handle the situation far differently than I would in my office, likely because they are in a different country and the story is written for entertainment value.</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEifBsiAdstYeU7Ek4_41Fjvn8fIOkoz88Li16PBbO-rl8kwJlQEoycU7juWyU_bvVzDHyojVKVynkjuWXZ0LL2tw38J_o-vf8P5C9Zv7s-gIXcGvhQS3gnXIgdyqtmOWND3V-ZzFAn-msYJRCep6hYnG0bEaRZ8iTwyPZDLjGBlHVUOa-NS8QV9aq3Ka0hH/s4032/PXL_20231127_160350283.jpg" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="3024" data-original-width="4032" height="240" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEifBsiAdstYeU7Ek4_41Fjvn8fIOkoz88Li16PBbO-rl8kwJlQEoycU7juWyU_bvVzDHyojVKVynkjuWXZ0LL2tw38J_o-vf8P5C9Zv7s-gIXcGvhQS3gnXIgdyqtmOWND3V-ZzFAn-msYJRCep6hYnG0bEaRZ8iTwyPZDLjGBlHVUOa-NS8QV9aq3Ka0hH/s320/PXL_20231127_160350283.jpg" width="320" /></a></div><br /><p>Laws related to creating powers of attorney are written by state legislatures, meaning the laws and regulations vary from state to state. Under <a href="https://docs.legis.wisconsin.gov/statutes/statutes/244/i/02/15">Wisconsin law our statutes state</a>:</p><p></p><blockquote>244.05 Execution of power of attorney. To execute a power of attorney the principal must sign the power of attorney or another individual, in the principal's conscious presence and <b>directed by the principal</b>, must sign the principal's name on the power of attorney. A signature of the principal on a power of attorney is presumed to be genuine if the principal makes an acknowledgment of the power of attorney before a notarial officer authorized under ch. 140 to take acknowledgments.</blockquote><p></p><p>The emphasis on "directed by the principal" is my own, and it is something I take very seriously in my practice. For me it means the client, and only the client, can direct the creation of the power of attorney, its included powers, and the decision on who to name as their agent. It boils down to it being a decision the parent needs to make, not a child making the decisions.</p><p>Thank you for reading. Remember that a blog is not legal advice, but rather it is a platform to spark thought and discussion. Please consult an attorney in your state for legal advice specific to your situation. Follow along with this blog by clicking "Follow" in the upper right corner and entering your email. Be well.</p><p><br /></p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-51005577875715212632023-12-01T07:00:00.005-06:002023-12-01T07:00:00.140-06:00Lessons From Fisk: Do Not Include Burial Instructions in Your Will<p>Lessons From Fisk: Do Not Include Burial Instructions in Your Will</p><p>By Melinda Gustafson Gervasi</p><p>December 1, 2023</p><p>The second episode in Season 1 of the Australian ABC show <a href="https://en.wikipedia.org/wiki/Fisk_(TV_series)">Fisk</a> <a href="https://en.wikipedia.org/wiki/Fisk_(TV_series)"></a>finds Helen in the middle of negotiations over the clause in a will that states the decedent's cremains shall be divided between his family and his much, much younger girlfriend. The quirky factor is turned up high in this episode.</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi0yBjpU1fSJCPJlnpDU96xh93utlLHHSpHjeXaiydh9oj6SNsGQpPcJcXBnGKGWGlD7pU6rPHdE_ZYPwBI8EbOAwQHP5QpjuXLMWTmfAANtLDgNuijszusfM4aRicb-kL6909777bIPrTY-eFwpjItyP-O0SLeHI1pPRGwdJp4IQunaa4uOn7Pq6IQV5J6/s4032/PXL_20231127_152011774.jpg" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="3024" data-original-width="4032" height="240" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi0yBjpU1fSJCPJlnpDU96xh93utlLHHSpHjeXaiydh9oj6SNsGQpPcJcXBnGKGWGlD7pU6rPHdE_ZYPwBI8EbOAwQHP5QpjuXLMWTmfAANtLDgNuijszusfM4aRicb-kL6909777bIPrTY-eFwpjItyP-O0SLeHI1pPRGwdJp4IQunaa4uOn7Pq6IQV5J6/s320/PXL_20231127_152011774.jpg" width="320" /></a></div><br /><p>I want to avoid ever having to run a ratio analysis of the time a decedent spent with family members to calculate the percentage of ashes each party shall receive, as Helen did in the episode. Here are a few other reasons I avoid addressing funeral instructions in a will:</p><p></p><ul style="text-align: left;"><li>In Wisconsin, the authority allowing an agent to make health care decisions for another person ends when the person who wrote the document dies;</li><li>Wisconsin has a free, fill-in-law blank form called the <a href="https://www.dhs.wisconsin.gov/forms/advdirectives/f00086.pdf">Authorization for Final Disposition</a> which allows a person to name a first person, back-up, and second back-up to be in charge of funeral and burial decisions along with space to state preferences, such as cremation or a religious service; and</li><li>A will nominates a Personal Representative (called an Executor in many other states), but that person does not have legal authority to act until a will has been submitted to the probate court and the court empowers the Personal Representative. This process could take days, or possibly weeks. A will is simply not given authority fast enough for the modern burial industry.</li></ul><p></p><p>Thanks for reading. Remember a blog post is not legal advice, but a method to spark thought and discussion. Please consult with an attorney in your state for advice specific to your situation. Check in next week for a third lesson from this delightful Australian comedy, Fisk.</p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-29265651002911334752023-11-24T08:46:00.001-06:002023-11-24T08:46:24.389-06:00Lessons From Fisk: Limits on Testamentary Freedom<p>Lessons From Fisk: Limits on Testamentary Freedom</p><p>By Melinda Gustafson Gervasi</p><p>November 24, 2024</p><blockquote><p>There is nothing in the world so irresistibly contagious as laughter and good humor.</p></blockquote><blockquote><p>― Charles Dickens, A Christmas Carol</p></blockquote><p>Seeking a dose of laughter to offset the heaviness of world news and the increasingly shorter days of sunlight? If you have Netflix, you may enjoy the Australian ABC comedy that first aired in March of 2021, <a href="https://en.wikipedia.org/wiki/Fisk_(TV_series)">Fisk</a>. Starring <a href="https://en.wikipedia.org/wiki/Kitty_Flanagan">Kitty Flanagan</a> as Helen Fisk, it is a witty comedy set in the law office of Gruber & Gruber, a small (shabby) suburban office that focuses on estate planning and probate. </p><p>Recently I laughed my way through all six episodes of Season One. I enjoyed them so much that I rewatched them with my husband. With hyperbolic scenarios, the show explores accurate aspects of my everyday work life. Today, and for the remainder of the calendar year, my weekly blog post will examine each episode and a take-away for the viewer seeking to learn more about estate planning and probate.</p><p>Day one at in her new position as an associate with Gruber & Gruber, Helen finds herself face-to-face. with her first client, Ruth O'Mallely. Ruth explains that her mother died recently, and under the will, the estate is to be shared equally between Ruth and her brother Dean,....on one condition. Upon reading the will, Helen informs Ruth that the condition of the will cannot be enforced. For those interested in watching the series, I will avoid the specifics of the episode. The scenario is a perfect example of limits on testamentary freedom.</p><p>Here in the United States, estate planning and probate laws are written by state legislatures. That means each state may have slightly differing rules and laws about this area, however, general concepts can be found from sea to sea. In general, a court, when asked, will not validate a clause in a will that violates public policy. The most common example of a will violating public policy would be a clause that either encourages divorce or limits marriage. </p><p>As Helen explains to her client, just because a will dictates a condition on inheritance, does not mean a court would enforce it. "My daughter inherits my entire estate if she divorces her husband" would be an example of a will provision a court would not enforce because it encourages divorce, which is viewed as contrary to public policy. If you would like a more colorful and humorous example of this legal concept, check out the first episode of Fisk. </p><p><br /></p><div class="separator" style="clear: both; text-align: center;"><iframe allowfullscreen="" class="BLOG_video_class" height="266" src="https://www.youtube.com/embed/KlHE66ns7Ag" width="320" youtube-src-id="KlHE66ns7Ag"></iframe></div><br /><div class="separator" style="clear: both; text-align: center;"><br /></div>Remember that a blog post is meant to spark thought and discussion, it is not legal advice. Please consult an attorney in your state of residence for legal advice specific to your situation. Thank you for reading, be well. <br /><p><br /></p><p> </p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-10755440851726226902023-11-17T07:00:00.001-06:002023-11-17T07:00:00.142-06:00How to Get Your Elderly Parents Talking About End-of-Life Issues - Use a Book to Spark Conversation<p>How to Get Your Elderly Parents Talking About End-of-Life Issues - Use a Book to Spark Conversation</p><p>By Melinda Gustafson Gervasi</p><p>November 17, 2023</p><blockquote><p>"Seriously Mom, maybe you could try read something a little less depressing. What is this?"</p></blockquote><p>Wisecracked my 13 year old daughter as she passed my home desk one evening. </p><blockquote><p>"Oh, that. It's a book I've read already. Gail gave it to me as sort of a gag 50th birthday gift. Gail's sort of doing <a href="https://www.nbcnews.com/better/health/what-swedish-death-cleaning-should-you-be-doing-it-ncna816511">Swedish Death Cleaning</a> and thought I'd be a good place to re-home the book."</p></blockquote><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjiC2AQOuCHp2jjbQ0WCx48xTUr1VVzZ-ErDEjzlU1VR2SpmG4nneZpiusIVokEeyAc0NHj6GhDCr73L3BQC7gsq43qvzH6jLu6fTa-M9b41s9ZM50vfD-hm-F2BIvF2vtrQqbvVYSkJ7gBtQneTjWDo2rhSG5hJS4sZ8ciCluZWj1VHGFGaCXF9I8Fi0pz/s2560/50.jpg" imageanchor="1" style="margin-left: auto; margin-right: auto;"><img border="0" data-original-height="2560" data-original-width="1920" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjiC2AQOuCHp2jjbQ0WCx48xTUr1VVzZ-ErDEjzlU1VR2SpmG4nneZpiusIVokEeyAc0NHj6GhDCr73L3BQC7gsq43qvzH6jLu6fTa-M9b41s9ZM50vfD-hm-F2BIvF2vtrQqbvVYSkJ7gBtQneTjWDo2rhSG5hJS4sZ8ciCluZWj1VHGFGaCXF9I8Fi0pz/s320/50.jpg" width="240" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;">Image by M. Gustafson Gervasi, the author's 50th ice cream birthday cake</td></tr></tbody></table><p>The book is the graphic novel, a memoir technically, by Roz Chast, titled <a href="https://www.arts.gov/initiatives/nea-big-read/cant-we-talk-about-something-more-pleasant">Can't We Talk About Something More Pleasant</a>. Released in 2014 it was a <a href="https://www.nationalbook.org/">National Book Award</a> Finalist, and it may be just the thing to take with you when you go home for the Thanksgiving Holiday or if you are hosting this year, set it out on the coffee table. The book caught the curiosity of my teenager; it may do the same for the elderly family members who don't know exactly how to get talking about "stuff". You know, "stuff;" powers of attorney, long-term care, wills, funeral arrangements, etc. Sometimes talking about an author's experience is an easy gateway into talking about your own wishes.</p><p>Chast's book is a quick read and offers her experience with parents that were resistant to talking about the end of life and their wishes. As we enter the time for winter holidays, families tend to gather. Many adult children wonder about how to get their parents talking about end-of-life matters, this might be one approach. I'd suggest that if you do get the book and have a talk, pull out some chocolate to soothe the emotions. I keep a bowl of Ghirardelli chocolate in my office for clients -- sometimes they need a boost after talking with me about worst case scenarios.</p><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgeaZldQ9LeipG1aIVZ32RhfU-Emxmcvw1LEhyFyg1crMT3nDv2J_euzjxeoI-hGxEynuLO-KP-AExq70WmGtS6M4B-2DZreqWgMLAYUeyiXo3Yx2oWgf9BvBMt4UV43izyQlRLrZdOAgYnXKheSA0hnWjATopcM6ZjJB75_xOCVvlVwrqN47QjkN0cIS-v/s2560/Chast.jpg" imageanchor="1" style="margin-left: auto; margin-right: auto;"><img border="0" data-original-height="2560" data-original-width="1920" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgeaZldQ9LeipG1aIVZ32RhfU-Emxmcvw1LEhyFyg1crMT3nDv2J_euzjxeoI-hGxEynuLO-KP-AExq70WmGtS6M4B-2DZreqWgMLAYUeyiXo3Yx2oWgf9BvBMt4UV43izyQlRLrZdOAgYnXKheSA0hnWjATopcM6ZjJB75_xOCVvlVwrqN47QjkN0cIS-v/s320/Chast.jpg" width="240" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;">My copy of the book, atop my home writing desk</td></tr></tbody></table><br />A blog is intended to spark thought and discussion, it is not legal advice. Please consult with an attorney in your home state for advice specific to your situation. Thank you for reading! Follow along with future posts; click Follow in the upper right corner and enter your email address. Be well!<br /><p><br /></p><p><br /></p><p> </p><blockquote><p><br /></p></blockquote>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-64272355130127328362023-11-10T07:00:00.000-06:002023-11-10T07:00:00.137-06:00Middle Class Philanthropist - How Anyone Can Leave a Legacy<p>Middle Class Philanthropist - How Anyone Can Leave a Legacy</p><p>By Melinda Gustafson Gervasi</p><p>November 10, 2023</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgkl4Zhyphenhyphen5_mg5Y24KoYuxRvIHULHIeK9tvH7rg4V5caNgCUPlmHOwso_GHC8ztJZ50g8-h8q0sU0HraT6f09NxDJaztrdXwtDPgRVHpJC235k_E0_rXhaLE9ST8dHk1LcHzkc6AfigytDDjccNVfDOuGoKyfamaHmDV61ulhvBlKvNi_NZn6hcUoYGcZsOx/s612/MiddleClass.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="612" data-original-width="612" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgkl4Zhyphenhyphen5_mg5Y24KoYuxRvIHULHIeK9tvH7rg4V5caNgCUPlmHOwso_GHC8ztJZ50g8-h8q0sU0HraT6f09NxDJaztrdXwtDPgRVHpJC235k_E0_rXhaLE9ST8dHk1LcHzkc6AfigytDDjccNVfDOuGoKyfamaHmDV61ulhvBlKvNi_NZn6hcUoYGcZsOx/s320/MiddleClass.jpg" width="320" /></a></div><br /><p>Ten years ago I published a small book, designed to be read in an afternoon while enjoy a mug of coffee or a cup of tea. The intent behind <a href="https://www.amazon.com/Middle-Class-Philanthropist-Anyone-Legacy/dp/0989808203">Middle Class Philanthropist: How Anyone Can Leave a Legacy </a>was to inspire the average American to be philanthropic when creating or updating an estate plan. Much is written about philanthropy in November because the 15th of the month is <a href="https://www.afpmadison.org/national-philanthropy-day#:~:text=National%20Philanthropy%20Day%20is%20a,the%20enrichment%20of%20our%20world.">National Philanthropy Day</a>. All too often the stories of giving involving multi-millionaires donating sums most of us cannot wrap our minds around. But there is another path to philanthropy, one any of us can take. </p><p>I hold the core belief that anyone can leave a legacy. It does not require excessive wealth when directed with intention and purpose. If you want to leave this world with a final gift, here are a few options noted in my book:</p><p></p><ul style="text-align: left;"><li>Designate an In Lieu of Flowers charitable cause. Recently I attended the funeral of the father of a childhood classmate. Instead of purchasing flowers the family encourage mourners to donate to one of his favorite causes. My family did, sending a donation in his honor to the UW Veterinary School of Medicine fund for families in need of financial assistance.</li><li>Donate 2% of your retirement accounts to a non-profit. All it takes in a quick update to your beneficiary form to name a nonprofit that made a difference in your life. I opt for 2% because it is "a little something" that in the end may not be missed by other dependents.</li><li>Encourage your family and loved ones to hold a garage sale for tangible personal items that no one else needs, with the proceeds being directed to a nonprofit you select. Promote this giving opportunity at the sale, and have literature on hand for shoppers who may want to learn more about a cause you felt was worthy.</li></ul><div>These are three simple acts, which you can likely accomplish without having to visit an attorney's office. Everyone can make a difference in this world. If you want to read more about my thoughts on Middle Class Philanthropy I encourage you to purchase my book, or for those in Dane County, Wisconsin, check a copy out from your local library.</div><div><br /></div><div>Remember a blog is not legal advice, but rather a spark for thought and discussion. Please consult an attorney in your state for advice specific to your situation. Thank you for reading, and be well. </div><p></p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-31740445933968432012023-11-03T07:00:00.001-05:002023-11-03T07:00:00.141-05:003 Situations When A Living Revocable Trust May Make Sense<p>3 Situations When A Living Revocable Trust May Make Sense</p><p>By Melinda Gustafson Gervasi</p><p>November 3, 2023</p><p>America is made up for fifty different states. Laws related to estate planning and probate are written at the state level. That means there are fifty different sets of laws and regulations governing end-of-life matters. It is critical to know the ins and outs of the laws of the state you reside in when creating an estate plan because terms, fees, and responsibilities can vary greatly. For example, the cost of going through probate in Wisconsin is quite low compared to an estate in California. More specifically, under Wis. Stats. 814.66 the fee assessed on a probate estate is 0.2 percent. In contrast, according to online research the fee in California is more complicated and costly:</p><p><span id="docs-internal-guid-0ea707b7-7fff-45a4-3d71-7e5c57396bd9"></span></p><p dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;"><span style="background-color: transparent; color: black; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;"></span></p><blockquote><span style="font-family: times;">In California, statutory probate fees are based on the gross value of the estate and are as follows: 4% on the first $100,000; 3% on the next $100,000; 2% on the next $800,000; 1% on the next $9,000,000; 0.5% on the next $15,000,000.</span></blockquote><p></p><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgBrCV7hQRAPSCyaL0P-0fbWdwqjYTp3AdAKZ8QWAwlqMSGV-HVStGSi4KS0lGxfcZZXSPkDu3RYvwmc2KSbYlcNQ7seqYMFQFp8gUW1pbemSTTeMAzIn52auspdfGJylt0L4S1qL7GnjaZoavy3Rw5yDDG5ZpsWJEeyqMZ1s8pNF_b9zNDxu6zcrURYV5T/s4496/DSC_0043.JPG" imageanchor="1" style="margin-left: auto; margin-right: auto;"><img border="0" data-original-height="3000" data-original-width="4496" height="214" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgBrCV7hQRAPSCyaL0P-0fbWdwqjYTp3AdAKZ8QWAwlqMSGV-HVStGSi4KS0lGxfcZZXSPkDu3RYvwmc2KSbYlcNQ7seqYMFQFp8gUW1pbemSTTeMAzIn52auspdfGJylt0L4S1qL7GnjaZoavy3Rw5yDDG5ZpsWJEeyqMZ1s8pNF_b9zNDxu6zcrURYV5T/s320/DSC_0043.JPG" width="320" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;">Image by M. Gustafson Gervasi, 2023</td></tr></tbody></table><p>Because probate in Wisconsin is not nearly as expensive as other states, I find that many of my Wisconsin clients can accomplish their goals without the cost and complexity of a Living Revocable Trust, which is a sophisticated tool that creates a virtual basket to hold your assets and distribute them at death, bypassing the probate court system. However, there are 3 situations in which I think a Living Revocable Trust needs consideration:</p><p></p><ol style="text-align: left;"><li><b>Owning real estate in multiple states.</b> Years ago I had a client with a home in Wisconsin, a cabin in Michigan and a condo in Arizona. If the client used a basic will, probate would happen in three states (WI, MI, and AZ). Using a Living Revocable Trust would allow the properties to be re-titled and placed into the trust, which would distribute them at death, and thus avoid probate. In this situation the client opted to use a more simple tool, the Transfer on Death Deed, which was available in 2 of the 3 states;</li><li><b>Families with second marriages and children from outside the union. </b>In this situation you may want to use a Living Revocable Trust to create an asset pool the surviving spouse can use, but not deplete or re-direct to other people when the first spouse dies. A Living Revocable Trust can be used to "lock-down" part of a couple's assets at the death of the first spouse in an attempt to ensure children from outside the marriage inherit. This does set up a situation in which the surviving spouse's activity is scrutinized by the deceased spouse's children, which could lead to awkward holiday gatherings and tension; and</li><li><b>When you are "writing out" a natural heir from your estate.</b> A Living Revocable Trust allows for your final expenses to be paid and your assets distributed without going through probate. Normally, the probate process requires notification of all "interested persons" -- those named in the will and those who would inherit under statutes if there were no will. It acts as a check on the will to root out fraud or undue influence, and can create an easy venue for a disgruntled person to challenge a will. Since a Living Revocable Trust does not go through the court process, these this too-easy to dispute path is avoided. In a sense, it can reduce the chance of needless litigation.</li></ol><div>Those are the 3 scenarios that immediately lead me to discussing a Living Revocable Trust with clients. Note, a blog is NOT legal advice. It is meant to spark thought and discussion. Please consult with an attorney in your home state for advice specific to your unique situation. Thanks for reading, be well, and click FOLLOW in the upper right corner to enter your email and receive future posts. </div><div><br /></div><div><br /></div><p></p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-47222834410136502642023-10-27T07:00:00.002-05:002023-10-27T07:00:00.140-05:00Annual Checklist for Estate Planning<p>Annual Checklist for Estate Planning</p><p>By Melinda Gustafson Gervasi</p><p>October 27, 2023</p><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgPNJcbnuCwgcRFnd7JzYDrnHUvSTBA0yQg_tZdmNJZL-Seo4WjHbcTKObqLJqrul9rG1S958F1Ij2w3x8b-K7tFdUx8Y5rjB0cHKSGQP9_Oqk8S4JP4dtosjCEEThLxIv3VYyNWAF8WfBAfiwExyM7_JoX1ze52N9h8c-FCB35EjQ9m4uQGldQuOpurN7a/s2048/plane.jpg" imageanchor="1" style="margin-left: auto; margin-right: auto;"><img border="0" data-original-height="2048" data-original-width="1367" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgPNJcbnuCwgcRFnd7JzYDrnHUvSTBA0yQg_tZdmNJZL-Seo4WjHbcTKObqLJqrul9rG1S958F1Ij2w3x8b-K7tFdUx8Y5rjB0cHKSGQP9_Oqk8S4JP4dtosjCEEThLxIv3VYyNWAF8WfBAfiwExyM7_JoX1ze52N9h8c-FCB35EjQ9m4uQGldQuOpurN7a/s320/plane.jpg" width="214" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;">Image by M. Gustafson Gervasi, 2023</td></tr></tbody></table><p>Monday, the 30th of October, ushers in <a href="https://www.daysoftheyear.com/days/checklist-day/">National Checklist Day</a>. Yes, it is a real thing according to the internet. It's origins are tied to the aviation industry, specifically pilots and flight attendants created safety checklists to make the new era of aviation safer. Defined, a <a href="https://www.merriam-webster.com/dictionary/checklist">checklist </a>is a list of requirements, things to be done, points to be considered and or a reminder. </p><p>Within the area of estate planning and probate, here are 7 items to include on your annual checklist to ensure your plan is up-to-date and accessible:</p><p></p><ol style="text-align: left;"><li>Copies of your power of attorney for health care are on file with your primary care doctor, any specialist you use, and your hospital of record as well as with the agent(s) you named to speak for you if you are too sick;</li><li>Copies of your power of attorney for finances are with the agent(s) you have named to handle your financial matters if you are alive but too sick to manage your own affairs;</li><li>Your original will is in a safe and secure location that is accessible to your Personal Representative (Executor in other states) -- for residents of <a href="http://gustafsonlegal.blogspot.com/2021/02/will-safekeeping-dane-county-wisconsin.html">Dane County, Wisconsin, an original will can be filed for safekeeping with the probate court</a>;</li><li>You have a complete list of assets that have named beneficiaries;</li><li>A copy of the deed to your home or other real estate that you own;</li><li>Names and contact information of professionals who assist you in your life -- CPA, veterinarian, insurance agent, financial planner, attorney; and</li><li>List of organizations that should be contacted in the event of your death -- religious organization, professional associations, civic clubs, neighborhood groups.</li></ol><div>This list mentions 7 items to include on your checklist. It is by no means a full and complete list, but enough to prime the pump. Remember that a blog is not legal advice, it is meant to spark thought and discussion. Please consult an attorney licensed in your home state for counsel specific to your situation. Thank you for reading, be well, and click FOLLOW above to enter your email and receive updates on future posts.</div><div><br /></div><div><br /></div><p></p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-64416822859596236882023-10-20T07:00:00.001-05:002023-10-20T07:00:00.143-05:00Buyer Beware - Spotting Trouble in the Land of Trusts<p>Buyer Beware - Spotting Trouble in the Land of Trusts</p><p>By Melinda Gustafson Gervasi</p><p>October 20, 2023</p><p>After a decade of public speaking on the ins and outs of estate planning and probate, mainly as a guest presenter for a financial education nonprofit or a local library, my words flowed freely during my talks. After covering the basics of powers of attorneys, wills, and probate, I would briefly comment on the roles of trusts in estate planning.</p><blockquote><p>"A trust is a tool that functions like a basket, it holds your assets. A trust can be created during your lifetime, known as a Living Revocable Trust. Or a trust can be formed at your death, called a Testamentary Trust. One feature of a Living Revocable Trust is that the assets inside avoid probate at your death, and transfer directly to the people and or organizations you designate in the paperwork. For a Living Revocable Trust to work you have to transfer your assets from your name to the name of the trust. For example, if my spouse and I decided to create a Living Revocable Trust we would have to change the deed to our home in order for the trust to work properly. It would go from "Charles J. Gervasi and Melinda Gustafson Gervasi, marital property with the right of survivorship" to "The Charles J. Gervasi and Melinda Gustafson Gervasi Living Revocable Trust of [date it was created]". </p></blockquote><p>Then I'd insert a bit of levity:</p><blockquote><p>"For those of you over a certain age you will receive fliers in the mail inviting you for a free fish dinner at a local restaurant as apart of a speaking series on the wonders of trusts."</p></blockquote><p>Audience members would nod and laugh knowingly. Many were approaching or at retirement and knew these fliers well. Their arrival correlated with the solicitations to <a href="https://www.aarp.org/membership/bc5-calc/?campaignid=UTJP339B&rkc=UTRP339B&flow=o-6-a-y-i-db-r-m-s-n-u-1&cmp=KNC-MIV-sb_g_CoreExact_Remarketing_Join&loc_id=9018945&campaign=sb_g_CoreExact_Remarketing_Join&adgroup=Google+Ad+Visitors&kw=aarp-e&device=c&gclid=Cj0KCQjw1aOpBhCOARIsACXYv-c2gDo02DgNacZewY7aqp0hauXlWcAhQ20dTDAuu-ySIulU3UaVUAsaAq-4EALw_wcB&gclsrc=aw.ds&tc_tm_meth=MAN&tc_hpc=join.aarp.org&tc_tm_xg=sbrandremark&tc_campaign=SBRANDREMARK&tc_channel=SEM&tc_vendor=Google&tc_tm_uid=AARP65297160650A7&tc_tm_visitid=AARP65297160650AB&tc_hpc=join.aarp.org">join AARP</a>.</p><blockquote><p>"Be careful, many of these organizations are LLCs that open-up shop in your area, sell a bunch of overpriced trusts, and then close the doors leave town without ever helping you fund the trust. They are trust mills, and border on fraud."</p></blockquote><p>I'd take a sip of my hot tea to calm my vocal cords and launch into the dangers of trust mills and fraud, providing listeners with a few simple tools to assess whether or not the "free dinner" was worth it, and when the expense of a Living Revocable Trust might make sense of them. The seminar would wrap up, with me commenting that I would stick around for a few minutes to take questions from those who did not want to ask in front of a large crowd. I would add that I would need to head out by 9pm in order to tuck in my two young children at home. </p><p>Time has a habit of moving forward. Those two kids of mine are now both teenagers, and this past week my husband received such a flier in our mailbox. A subtle reminder that in some database we are now deemed eligible for the "free fish dinner" seminar. Needless to say, we will not be sending in a RSVP. </p><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg9HE26uZ7Wqd6wfxJa-O4109_5kNtaObmmZDuP0ik1S8KnLxAmm729ReJTVnHnCP4pVhMxgzZsfFfCGew9iHTjQnBdkfWta_8kH91OXNA2bbZkUFuFXJOvIhpUDYRDDxzVfQteeXxPp3yQad8YL3xzmo4JSbHB734hI1KV9eh5mJj9kxwYke8sAOEKpPa_/s4496/DSC_0019.JPG" imageanchor="1" style="margin-left: auto; margin-right: auto;"><img border="0" data-original-height="3000" data-original-width="4496" height="214" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg9HE26uZ7Wqd6wfxJa-O4109_5kNtaObmmZDuP0ik1S8KnLxAmm729ReJTVnHnCP4pVhMxgzZsfFfCGew9iHTjQnBdkfWta_8kH91OXNA2bbZkUFuFXJOvIhpUDYRDDxzVfQteeXxPp3yQad8YL3xzmo4JSbHB734hI1KV9eh5mJj9kxwYke8sAOEKpPa_/s320/DSC_0019.JPG" width="320" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;">Badlands, South Dakota, Image by M. Gustafson Gervasi, 2023</td></tr></tbody></table><br /><p>If you receive such a mailer, beware and remember, there is no such thing as a free lunch. Keep in mind:</p><p></p><ul style="text-align: left;"><li>Probate in Wisconsin is not as expensive as other states. Our statutory fee is 0.2 percent while other states are 6 or 8 percent. A quick back-of-the-envelope calculation will show you how much a house, car, bank accounts (assets without a named beneficiary) would cost going through probate. You can then compare that fee with the fee of creating the Living Revocable Trust being sold (the fee on a $350,000 home going through probate is $700);</li><li>Living Revocable Trusts do not hold certain assets well, such as retirement accounts. This means you cannot use the trust to hold that asset and have to make other plans;</li><li>Individuals selling these instruments may not be attorneys licensed in Wisconsin, meaning they are limited in their ability to help you create, fund and maintain a trust. A simple test is to ask the attorney for their <a href="https://www.wisbar.org/Pages/default.aspx">Wisconsin Bar Association</a> Number -- we know them by heart and should be able to recite it quickly;</li><li>Gather information, but take time to process, reflect and comparison shop. Never feel pressured to sign up for an appointment the night of the dinner;</li><li>Read the fine-print. Our flier says "Financial Professionals, Accountants, and Attorneys will be charged a $5,000 educational fee". So, if I were to attend, they'd charge me $5,000 -- hmmm, seems like they want to discourage me from attending, I wonder why? </li></ul><div>Thank you for reading. Remember that a blog is meant to spark thought and discussion, it is not legal advice. I encourage you to seek counsel from an attorney licensed in your home state for help with your unique goals and needs. And if you are curious about those pre-pandemic talks I used to give here is a sample from one done via Zoom as the pandemic shifted how we gathered.</div><div><br /></div><div class="separator" style="clear: both; text-align: center;"><iframe allowfullscreen="" class="BLOG_video_class" height="266" src="https://www.youtube.com/embed/2fzTYOz1InM" width="320" youtube-src-id="2fzTYOz1InM"></iframe></div><br /><div><br /></div><p></p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-54629874145673923392023-10-13T07:30:00.006-05:002023-10-13T07:30:00.147-05:00Friday the 13th: Dying in the Age of Tech<p>Friday the 13th: Dying in the Age of Tech</p><p>By Melinda Gustafson Gervasi</p><p>October 13, 2023</p><p><a href="https://www.history.com/topics/folklore/friday-the-13th" target="_blank">Friday the 13th</a>, is a day associated with all things bad luck. From the Biblical account of 13 people attending the Last Super to the 1980s pop culture hit movie with Jason in a ski mask, this is a day known for darkness. So it seems appropriate for today's post to mix two areas of doom and gloom: death and tech, more specifically, tech that is not easy to operate.</p><p>Marriage to an electronics engineer has amped up my <a href="https://www.merriam-webster.com/dictionary/Luddite" target="_blank">luddite</a> tendencies, leaving me with less than adequate skills to operate our tech devices. Over the years when a cell phone needed an update or it was time to install a new printer or adjust our Smart thermostat, I commonly let my spouse take the lead. He is more more efficient, capable, and considers these tasks fun. His professional hours are spent designing circuit boards, so the decision was a no brainer. However, with my entrance to a new decade (I recently celebrated my 50th birthday), I realized that I should know how to do some of these things as well. Just in case. Maybe my phone will need to be replaced while he is traveling for business, or maybe.....my well-trained estate planning and probate brain quickly spins scenarios in which I will need to sort these issues out on my own. </p><p>Which leads me to this list, 13 tech devices that may need some explaining about how to operate and or maintain. Such a list may be useful to your life partner and or personal representative (known as an Executor in most states) should your time come:</p><p></p><ol style="text-align: left;"><li>Cell phone</li><li>Personal computer</li><li>Home security system (including cameras)</li><li>Heating, ventilation and air conditioning</li><li>Energy efficient power sources, such as solar panels</li><li>Outdoor garden equipment</li><li>Assorted home automation - lights or sound systems</li><li>Smart locks to your home and or vehicle(s)</li><li>Automated pet feeding devices</li><li>Internet access and wiring</li><li>Smart lawn mowers and snow blowers</li><li>Your vehicle(s)</li><li>Voice activated controls for home appliances (giving Alexa commands to dim the lights)</li></ol><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgV8zRe9SDSttXmO7jgYEGy8es6vxNcSzp3b7Ry4jYBCp4sN5xqfXcuMj3DlfjVp9zk7ad8KFKrX3vFTf_gPYDVIuc9-CRsWtmAgrTgYgsTc8GQI5_dxTvYlRHq1DBA2Ybu-bMLcTSOiQABO320bQssXneM79ic22Q3NGjnWqpa_xfDNaHUwh0wUmz3E894/s3008/DSC_0237.JPG" imageanchor="1" style="margin-left: auto; margin-right: auto;"><img border="0" data-original-height="2000" data-original-width="3008" height="213" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgV8zRe9SDSttXmO7jgYEGy8es6vxNcSzp3b7Ry4jYBCp4sN5xqfXcuMj3DlfjVp9zk7ad8KFKrX3vFTf_gPYDVIuc9-CRsWtmAgrTgYgsTc8GQI5_dxTvYlRHq1DBA2Ybu-bMLcTSOiQABO320bQssXneM79ic22Q3NGjnWqpa_xfDNaHUwh0wUmz3E894/s320/DSC_0237.JPG" width="320" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;">Willa - author's cat, pictured in 2008. RIP.</td></tr></tbody></table><div><br /></div><div>Death will come for all of us, take the moment to leave some easy to access instructions for the loved ones you leave behind. Then go out and enjoy Fall Fun at a corn maze, apple orchard, or <a href="https://en.wikipedia.org/wiki/Oktoberfest" target="_blank">Oktoberfest</a>. Remember that 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 unique situation. Thanks for reading, be well, and click Follow above to receive updates on future posts. </div><div><br /></div><p></p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-21600303384950272742023-10-06T07:30:00.001-05:002023-10-06T07:30:00.139-05:00Celebrating 50 -- The Gift of Decluttering<p>Celebrating 50 -- The Gift of Decluttering</p><p>By Melinda Gustafson Gervasi</p><p>October 6, 2023</p><p>You only turn 50 once, so I decided to embrace the transition to a new decade rather than shun or ignore the event. Turning 50 is far better than the alternative, something I am reminded daily as an estate planning and probate attorney. After a celebratory weekend, complete with a bonfire with friends and quality time with my family on the <a href="https://www.wisc.edu/" target="_blank">University of Wisconsin - Madison</a> campus, I spent a Monday giving myself the gift of decluttering. More specifically, I pulled EVERYTHING out of my closet and dresser, and put back about one-third of the items. The remainder I packed up and dropped off at my favorite local thrift store - The <a href="https://www.giveshelter.org/our-services/thrift-store" target="_blank">Dane County Humane Society Thrift Store</a>. It is easy for me to release my hold on a item I sort of enjoy knowing it will be generate much needed cash for animals in need. The impact of open space was exhilarating, and I wanted more. Which leads me to this post -- recipes.</p><p>My year of 50 will be populated with decluttering events, saying good-bye to things that may have brought me joy or some fun, but no longer need to be with me during this chapter of my life. My attention is now focused on my kitchen, starting with recipes. </p><p>Recently I made a Mini-Chocolate-Bran Muffin recipe that I have had for over 15 years. It was just okay, no one really loved the muffins. So I opted to put the paper recipe into recycling, not back in my recipe binder. I have resolved to work through the pile of faded, stained, and disorganized recipes to see what needs to be tossed, and what I will keep. The keepers will then be entered into a Goolge Docs form I have created. Why Google Docs? Simple, it is:</p><p></p><ul style="text-align: left;"><li>Free</li><li>Easy to share with my children</li><li>I can copy and paste specific recipes into an email or text to share with friends (or readers)</li><li>The application is already on my phone for easy access at home or on the road</li><li>Edits and notes are easy to make</li><li>It won't fade, stain, or fall between the cracks</li></ul><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgG3cPNDJiopWqXDutuePtnu0e1tAwbQrEYiUqMrvSZX1Kbn0r9BrYKmz8tdbt3FufmdP9BZFGQtusbKRk9-d_C3dnj80JVVY8UTV7EfrFbnhE7ZcunkyMk5lnhhNf2HYOhGr6scZ7LUpAGRom1CIQjE211edEq1K2Y2TaOh5SdhSTAJ3-Dw-Tg9py8DRCV/s4032/Muffins.jpg" imageanchor="1" style="margin-left: auto; margin-right: auto;"><img border="0" data-original-height="4032" data-original-width="3024" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgG3cPNDJiopWqXDutuePtnu0e1tAwbQrEYiUqMrvSZX1Kbn0r9BrYKmz8tdbt3FufmdP9BZFGQtusbKRk9-d_C3dnj80JVVY8UTV7EfrFbnhE7ZcunkyMk5lnhhNf2HYOhGr6scZ7LUpAGRom1CIQjE211edEq1K2Y2TaOh5SdhSTAJ3-Dw-Tg9py8DRCV/s320/Muffins.jpg" width="240" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;">Image by M. Gustafson Gervasi, 2023</td></tr></tbody></table><br /><div>Doing all of this in one day or weekend is simply too much, and would result me throwing my hands up in frustration. Taking a year to work through recipes, many of which are seasonal or holiday based, makes this a far more manageable task. Keep reading and track my progress. And if you have a tip to share on decluttering the kitchen, post a comment!</div><div><br /></div><div>Be well, thanks for reading, and click Follow in the upper right-hand corner to receive future posts. </div><p></p><p><br /></p>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0tag:blogger.com,1999:blog-521387383615651947.post-33060360533886446252023-09-29T09:39:00.003-05:002023-09-29T09:39:55.077-05:00Lights, Camera, Action -- Making a Wise Selection for Your Power of Attorney for Health CareLights, Camera, Action -- Making a Wise Selection for Your Power of Attorney for Health Care<br /><div>By Melinda Gustafson Gervasi</div><div>September 29, 2023</div><div><br /></div><div>Hollywood sets are dark at the moment because of the SAG-AFTRA strike, but you can still cast your agent for Power of Attorney for Health Care in your estate plan. Whether you are creating the document for the first time or completing a much-needed update, here are a few traits I think make for a high-quality power of attorney:</div><div><ol style="text-align: left;"><li>An advocate -- who will champion your needs in today's health care system?</li><li>Comfortable with Medical Jargon -- who will not shy away from medical speak and lingo?</li><li>Follow Your Wishes -- who will speak for you rather than fly into town and start advancing their desires and wishes?</li><li>Has the Time -- who can set aside a large portion of their life to pick-up managing your health care needs?</li></ol><div>Once you have this person in mind, and ideally a back-up, figure out if you can audition them for the role. Have they provided this service to another family member or friend? If so, how did it go for them and for the patient? Throughout the years I have had clients return to my office after witnessing the person they had nominated to be their power of attorney for health care provide the service for another person. Sadly, it did not go well, and my client realized they needed to swap out the players.</div></div><div><br /></div><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto;"><tbody><tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiUslb1dLUm8IAmjfAUX-qu5QNKc-uFReKK43Wu7x92rSpnbNrA_jrb3vPfSruEYyV1aG7CG02Xdlz9yhQFmLFeK6OiS5qi-qzeK7qdmWMpYYURRt1zTTUYE9r2IUzkuUfHMgmwz52YWua8A5Bx0sU8JqQim7DtZLJns5zt7is4aDcEABVXpaB-QD_7VPjw/s4496/DSC_0050.JPG" imageanchor="1" style="margin-left: auto; margin-right: auto;"><img border="0" data-original-height="3000" data-original-width="4496" height="214" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiUslb1dLUm8IAmjfAUX-qu5QNKc-uFReKK43Wu7x92rSpnbNrA_jrb3vPfSruEYyV1aG7CG02Xdlz9yhQFmLFeK6OiS5qi-qzeK7qdmWMpYYURRt1zTTUYE9r2IUzkuUfHMgmwz52YWua8A5Bx0sU8JqQim7DtZLJns5zt7is4aDcEABVXpaB-QD_7VPjw/s320/DSC_0050.JPG" width="320" /></a></td></tr><tr><td class="tr-caption" style="text-align: center;">Author's family at a Star Trek Convention, Chicago, 2022<br /><br /></td></tr></tbody></table><div>Remember, estate planning is about taking control. You, and only you, can make the best determinations about who should be doing what in the area of your health, finances, and ultimate death. A blog is meant to spark thought and discussion, it is not legal advice. Please consult an attorney licensed in your home state for advice specific to your unique situation. Thank you for reading. Receive updates on future posts by clicking Follow in the upper right-hand corner for this page. Be well, and thanks for reading.</div>Melinda Gustafson Gervasihttp://www.blogger.com/profile/16487234878541726805noreply@blogger.com0