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

Sample Letter to the Trustee of a Child's Trust By Melinda Gustafson Gervasi October 22, 2021 Today I dip into my own files to share the sample letter I give to all of my clients who have opted to create a testamentary trust for their children.  What is a testamentary trust?  It is a will that allows a parent to appoint the Personal Representative (known as an Executor in other states), a Guardian for a minor child, distribute their probate assets, and includes the recipe for a trust to be created if both parents die.   This is a way to transfer your assets into a trust if you die, managed by a trustworthy trustee you appoint, until an age you set for the children to reach before taking control of the money themselves.  Children can request funds from the trustee for expenses, but the trust has to agree to the expenditure.  Providing guidance to that trustee on what you think should be paid for is crucial when making this trust the most useful if you die be...

Estate Planning in the Age of Misinformation By Melinda Gustafson Gervasi June 7, 2021 As the academic year comes to a close, I reflect on the many concepts my children studied during a year of virtual learning.  Math has gone from numbers the symbols used in geometry and algebra and social studies as moved beyond memorized State Capitals to more in-depth critical analysis skills.  Primarily the validity of source information.   As my daughter finishes her elementary school years I read along as she studied the last novel of her 5th grade education -- The Westing Game by Ellen Raskin.  Published by Puffin Modern Classics in 1978 the book plunges the reader into a mystery surrounding the will of an eccentric millionaire who lived in town.  Sixteen named heirs compete with each other to determine who killed the testator, Sam Westin, with the winner set to claim the $200 million estate.  Well I wasn't 5 pages into the book and rolling my lawyer eyes at th...

Estate Planning: develop a comprehensive list of your assets By Melinda Gustafson Gervasi May 24, 2021 Frenzied frustration, that is how I describe the adolescent emotions evoked when I played Whack-A-Mole at the Dane County Fair or random arcade.  Armed with a black mallet, the goal was to whack moles randomly popping up out of the half-dozen or so holes.  You would hit one another another would taunt you from the corner of your eye.  It was frenzied.  It was frustrating.  Yet, I loved that game and the challenges it presented.  Today as an estate planning and probate attorney that feeling emerges in each and every probate I assist with. Frenzied because someone has just died and the surviving family and/or friends want to move quickly to "take care" of things.  Sometimes a large family is all together for a funeral or memorial service, combining that event with cleaning out the deceased's home.  Grief, memories, surprise, and confusion hover o...

What is a Beneficiary Form? March 24, 2021 By Melinda Gustafson Gervasi Every day I work with clients to create or update an estate plan.  Over the years I have learned many things from my clients.  One of the standout lessons is that many people are fuzzy on what a beneficiary form is.  Beneficiary forms are a critical piece of an estate plan because they control the distribution of certain assets  Here are a few key concepts I share with clients when educating them about this area of estate planning: The forms tell your financial service company where those specific assets will go upon your death.  Normally you can list a primary beneficiary (or beneficiaries) as well as contingent(s). But for a few exceptions, the person(s) named on your beneficiary form will receive those funds no matter what your will or trust might say. Name the person(s) you intend for the assets to belong to on the form rather than a person who will "take care of handling the money"....

 Planning for the Unexpected By Melinda Gustafson Gervasi November 2020 Earlier this week I was reading my Google News Feed when an article caught my attention.  My heart broke reading every word of a story about a young mother who died due to complications from a pregnancy.  She left behind a large family with very young children who now relied solely on their father for support.  One sentence jumped out for me, causing my head to tilt to one side -- a habit I have when I come across a piece of information that seems "off".  The sentenced went something like this -- "because her death was unexpected there was no life insurance in place." I believe the true take-away from the story of this mother who died far too young is that we all need to plan for the unexpected.  That belief is the cornerstone of my estate planning practice.  Life happens, it twists, turns, and bucks like a rodeo horse.  Creating an estate plan (a will, powers of attorney, etc...

Stay In Your Own Lane: When non-lawyers give flawed legal advice January 30, 2020 By: Melinda Gustafson Gervasi With a deep, long sigh my frustration and annoyance was revealed to the client sitting across my conference table.  It's hard to hide it anymore.  After 15 years of counseling clients on the ins and outs of estate planning and probate, I wonder what my work day would be like if I did not have to spend so much time unwinding flawed legal advice dispensed by non-lawyers.  It's the financial planners, bankers, and in some cases tax experts that fuel my trademark sigh.  Don't get me wrong, I value the advice these experts provide on mortgages, index funds, and tax deductions. I just cannot tolerate it when they veer out of their lane, going full speed ahead with brazen authority, dispensing directives on what my clients can, and cannot due, within legal documents.  I stay in my lane, eyes on wills, powers of attorneys, trusts, domiciliary letters and...

Be Alert! Image by M. Gustafson Gervasi 2019 Once upon a time an elderly women, Agnes, went into her bank to review her accounts.  Behind the desk sat an eager and chipper 23 year old "banker".  With good intentions of providing the best banking services possible, the young banker encouraged the older women to add her daughter to her bank accounts in order to "make things easier."  Relying on her long relationship and established trust with the bank, Agnes took the advice.  When the door closed upon Agnes' exit, her daughter, Anne, had been made a joint owner of the bank account. Time passed and Agnes' health took a turn, with her earthly life ending six months after the bank visit.  Grieving, yet still functioning, Anne set about taking care of Agnes' affairs.  One day she went into the bank to settle her mother's accounts, death certificate in hand.  To her surprise, the 23 year old banker informed Anne about the joint ownership of the accoun...

When you hit a certain age you can bet on receiving some sort of invite in the mail offering you a free dinner at lovely restaurant close to your home, served with a side lecture on 101 ways to avoid probate.  Now I love a free meal, but proceed with caution, it  may be a trust mill. What's a trust mill?  It's usually an LLC that sets up shop in an area for several months, fires off a mass mailing to people over a certain age, gives you free food and attempts to scare you into a Living Revocable Trust.  This sales pitch is likely to contain lies, all designed to get you to sign up for a $5,000 or more trust document.  And chances are fairly good the speakers are not attorneys. I'm not alone in my dislike of trust mills.  This was recently posted on a Wisconsin Estate Planners Listserve: "Thought all you fine people should know the truth:  I have a nice lady whose elderly parents are about to become victims of a trust mill.  These fine folks ...

Image by M. Gustafson Gervasi, 2015 "Show of hands, who here does not have a will?"   A standard question I pose to audiences when asked to speak on the basics of estate planning.  Usually one-third to half of the audience raises his or her hand indicating that no, they do not have a will. A recent reported stated that while 69 percent of Americans have given serious consideration to setting up a will, only 34 percent actually have a valid will .  And of those that know it is important, but have not acted, 95 percent say it is because they lack the financial know-how, and not that that topic of death is too taboo. Even as an estate planner the 34 percent shocked me, I would have guessed about 48 to 49 percent of Americans have not created a will.  But I would disagree with the wording in the report that only 34 percent of Americans have a will.  Here is why: "Guess what, those of you with your hands up -- you do have a will.  One the State Legislatu...

Over the past year I have grown accustomed to flipping through the mail at home and seeing at least one mailing addressed to my mother, at our home address rather than the 1121 Valley Stream Drive of my childhood.  She, my mother, left this earthly world February 16th of 2014, but her junk mail lives on.  Most of the time I mark the enveloped "deceased", leaving it for the carrier to cart off the next day, hoping the life insurance company or peddler of products to keep seniors in their homes will update their mailing lifts.  Sharon no longer needs their services. And then one day a mailing caught my attention, it was from a huge on-line bank.  Tearing it open the warning I issue to clients here in my legal office struck home - identity theft of the dead.   Sharon -- Welcome to [insert Bank Name here]!  Here are the account numbers for your new 29 savings accounts!   A whirlwind of emotions ensued.  Sadness for a mother who was gone from my li...

Weekly, if not daily, I find myself in a verbal or email conversation with a client in which I am having to explain why want they have done, or think they can do, is not a wise option.  Frustration on their part is evident.  Why am I telling him or her no when his or her banker, financial planner, sister, or fellow bus rider said they could.  Because I'm their lawyer, that is why.  They accept it, and I feel for them.  Why does it have to be so hard?  Because things get complicated quickly. Add another person to your bank account?  You may have just stepped on the gift tax.  The IRS will not care if the banker suggested this move and thought it was okay. Manage to add your daughter's name to the deed of your condo?  What happens when she dies, gets sued, files for divorce or bankruptcy?  Your financial planner probably never brought those scenarios up before encouraging you to get a quit claim deed to make the change yourself....

Last week I had a great phone conversation with someone who had attended a seminar of mine in the past. The caller was exploring long-term care options, and we have a very enjoyable conversation about the pros, cons, and unknowns (that is an entirely different article from this post).  The caller raised a key question when updating or creating an estate plan " who do I know who is savvy enough to understand this long-term care contract, because if it comes into play, I'm not healthy enough to advocate for myself? " Excellent question.  All too often I see people with a knee-jerk response to the question who do you want to list as your agent on the power of attorney for finance.   My son, because he is the oldest or my sister, because if I do not she'll nag me until the day I die -- all things I have heard from clients.  And in my opinion insufficient.  If you are too sick to make your financial decisions, who in your circle of family or friends has the...

Earlier this week I took a call from a financial planner I know.  She was calling for advice to give an elderly client.  In her eighties, the client's health was beginning to decline and the question came up, who would be right to take over the finances when the time comes?   The planner wondered what general advice I might have.  The women had no family nearby.  From my vantage point as an estate planning and probate attorney, I offered the following thoughts: Trust and competency are more important than proximity.  Go with someone who does not have his or her own financial problems, lessen the chance they will either steal or simply drop the ball and create a mess. Finances can be managed from a distance thanks to fax machines, the internet, and smart phones. A remote power of attorney can hire a local daily money manager if local or on-site financial duties are required. Consider skipping over family and friends and naming a professional, such a...

Image by M. Gustafson Gervasi, 2013 Recent news stories out of Ohio underscore the importance of selecting a power of attorney for finance.  In the story a WWII veteran transferred power of attorney for finances to his daughter, and then the daughter transferred his house to her and her husband's names .  A few years later a family rift developed, and the daughter sought to evict the father from his home.  Thanks to his granddaughter and an on-line fundraising campaign, he was able to buy back the home he'd lived in for over 50 years.  It is hard to believe that members of the Greatest Generation could be treated in such a manner, but the reality of life can often be harsh. From my vantage point behind a lawyer's desk, I would keep the following in mind when it comes to nominating someone to act as your power of attorney for finance: use a form that says the power is transferred upon your incapacity (legal standards will vary from state to state) as oppose...

Monday morning had arrived.  A cup or two of coffee already enjoyed, my first meeting of the day arrived.  It was a third meeting for the clients, meaning it was the day they would sign their completed estate plan.  Immediately upon meeting this couple, I knew they were lovely people.  My guess was confirmed when the she of the couple brought out fresh baked blondies (think brownies, but with chocolate chip cookie batter).   Here, these are for you!  That made me smile, but here is what caught my attention and made me choke on what was my third cup of coffee. Papers signed, witnessed, explained, and tucked away.  She was putting things in her bag and said to her husband, " tomorrow we meet with the financial guy about that annuity ."  Then she turned to me and said, " what do you think of those?  He is creating a joint one for us ."  The word "joint" is what caused me to spit and sputter. Image by M. Gustafson Gervasi, 2012 Ori...

Image credit:  www.sxc.hu - free image Due to my line of work -- illness,death and taxes for the middle class -- I often am posed the question is a reverse mortgage a good thing for me?  And of course being an attorney, my answer is it depends. Nothing of quality in the world of estate planning and probate is a one-size fits all program.   It might be a good idea, and it might not.  More information is needed before reaching a conclusion. If you are wondering if a reverse mortgage is right for you, or for your aging parents, the first step is to gather information and learn exactly what a reverse mortgage is.  Second, you need to apply that information to your specific situation and goals. A great place to get started is the Consumer Financial Protection Bureau's web site .  I learned about it in the financial column in Sunday's paper.  It is full of great basic definitions on all things financial, including reverse mortgages.  It then...

Image Credit:  www.sxc.hu - free image Every now and then I will get a call from clients inquiring about whether or not a trust fund is the right for them to use when creating a way to save for a grandchild's college education.  Historically this may have been an ideal vehicle, but it is more obsolete because of the creation of 529 plans. Authorized under Section 529 of the Internal Revenue Service Code, these plans allow tax-advantaged ways to save for college.  Sponsored by states, state agencies, or educational organizations, they are common throughout the country.  My husband and I opted to create one for each of our children; with an initial funding immediately after receiving the Social Security Number!  Deposits give us an income tax break, there is no tax on growth, and when used for higher education, not tax is applied when funds are removed. And 529s are not reserved solely for parents.  Grandparents can also create accounts.  The ad...