4 Steps for Pet Lovers to Include in an Estate Plan

4 Steps for Pet Lovers to Include in an Estate Plan

By Melinda Gustafson Gervasi

April 4, 2025

Her name was Kiki, and she was a full-of-life 5 year old cat who all of a sudden found herself in need of a new home.  When her human companion suffered a sudden and severe illness, it became clear that under no circumstances would they be able to continue sharing the downtown condo they had called home.  Like countless other animals, Kiki's path was uncertain – now what?  

It was the promise of a dear family friend that secured Kiki secured a new family.  And that family is my own. Kiki's sudden need for a second family is not unique, and is one I routinely discuss with clients.  Now aged 18, she remains full of sass and demands her breakfast and dinner with the precision of a Swiss train. 

When assisting people in drafting powers of attorneys, wills, and trusts – I routinely ask them “what if questions”.  And more often than not I hear “Oh, I hadn't thought of that!”  In the case of clients who are human companions to dogs, cats, and other animals I offer the following suggestions:

• Program the ICE in your Smart Phone (it's the In Case of Emergency key) to have a Pet Contact. Should you be in a car accident or other situation where you are fall ill away from home, make sure emergency personnel know about animals in your home that may need care within the next 12 hours.  It is common practice for authorities to use your phone to locate loved ones, and it can alert them to special circumstances in your home.
• Post a Care Contact Document on your fridge.  Parents of young children often have a magnet on the fridge with the phone number for the pediatrician, etc.  Those with animals in the home should create a similar document and list: name and phone number of veterinarian; list of prescription food or medicines for each animal, if any; contact information for a short-term pet sitter; and the name and number of one or two people who are willing and able to offer a new permanent home to an animal.
• Create powers of attorney for finance, which allow your agent to manage your financial affairs if you are alive, but too sick to act.  This should include services related to animal health and care.
• If medical or other care costs will be a financial burden on future caretakers, consider creating a pet trust in a will.  This tool can be simple (usually four paragraphs long), and allow you to transfer animals and money to a trust managed by someone you appoint, cared for my a person of your choosing, and direct where any remaining monies should upon the death of the animal.

Ms. Kiki - now aged 18

Please know that a blog is not intended to be legal advice.  Rather, it is meant to spark thought and reflection.  Please consult with an attorney licensed in your state.  Be well, thanks for reading, and share this post on your preferred social media if you think others might enjoy it as well!

Financial Elder Abuse: What is It and What to Look For

Financial Elder Abuse: What is It and What to Look For

By Melinda Gustafson Gervasi

March 14, 2025

Waiting for the A line on the BRT

Once a month I bus to downtown Madison, WI for a Legal Association for Women luncheon.  Over a lovely meal at Copper’s Tavern the group listens to a guest speaker, fulfilling our requirement to complete 30 hours of continued legal education every two years.  I enjoy my Sweet Corn Salad with Chicken (yes, I get the same meal every month) while a speaker expands my knowledge on subjects outside my area of focus.  This past week the speaker was preaching to the choir; as an estate planning and probate attorney I have a front row seat to the growing concerns related to elder financial abuse.  

What is elder financial abuse? It involves the illegal or improper use of an older adult's funds, property, or assets. It can range from simple theft to complex schemes involving power of attorney. A power of attorney is a legal document that gives authority to someone you appoint to make financial decisions for you.  Sometimes this power is only “triggered” if you are incapacitated and unable to act.  Other times it takes effect immediately.  It is up to you to decide under what conditions you want another person making your financial decisions.  Note, at death the authority to act for you ends.  

Concerned about an older loved one that might be subject to financial abuse?  Keep the following in mind:

1. Sudden Changes in Financial Habits:

• Are there unusual transactions in your loved one's bank statements? 
• Look for large or frequent withdrawals that don't match their typical spending patterns.  
• Are there new "friends" or caregivers exerting influence. 
• Be wary of individuals who suddenly become overly involved in your loved one's finances. 
• If your loved one suddenly alters their will or trusts, especially under pressure, it could be a red flag to abuse. 
• If your loved one is struggling to pay bills despite having adequate income, it could indicate financial exploitation. 
• Are valuable items like jewelry, electronics, or artwork disappearing?

2. Behavioral Changes in the Elder:

• Does your loved one seem afraid or uncomfortable around a particular family member, caregiver, or friend? 
• Are they withdrawing from social activities or becoming isolated from friends and family? This could be a sign that someone is controlling their access to others. 
• While cognitive decline can be a natural part of aging, sudden changes in mental clarity can also be a sign of manipulation or abuse.
• If your loved one becomes secretive or defensive when asked about their finances, it's a cause for concern.
• Are there signs they are not receiving adequate care, even though they have the money to pay for it?

3. Actions of the Potential Abuser:

• Does someone consistently interrupt or monitor your conversations with your loved one? 
• Are they constantly asking for loans or gifts? 
• Do they have access to bank accounts, credit cards, or online banking without a clear explanation? 
• Are they pressuring your loved one to sign documents without allowing them to consult with an independent attorney?
• Do they control the elder's access to mail, phone, or transportation?

Prevention may be key to keeping our seniors safe.  When possible, stay in close contact with your elderly loved ones and encourage them to discuss their finances with you. Help them understand their financial options and how to protect themselves from scams. Periodically review bank statements, credit card bills, and other financial documents for any irregularities.  For those in Wisconsin, there is an Elder Abuse Hotline to call to leave an anonymous report.  You can call 1-800-586-0107 or visit www.gwaar.org. 

Thank you for reading.  As a reminder, a blog is not legal advice.  It is meant to spark thought and reflection.  Please consult an attorney licensed in your state of residence for advice specific to your situation.  Again, thank you for reading.  Be well!

And The Academy Award Goes To…..Estate Planning Nightmares

And The Academy Award Goes To…..Estate Planning Nightmares

By Melinda Gustafson Gervasi

March 7, 2025

Sunday dinner was prepared far earlier than normal, a fact that did not slip passed my always hungry teenagers.  March 2nd marked the 97th annual Academy Awards, and even though I had not watched a single nominated film this year, I was determined to keep my tradition of watching the big show.  Dinner was ready early, and I settled into my favorite chair by 6pm to enjoy the glitz and glamour of Hollywood.  

Brush with a Start: Author (Melinda) with LeVar Burton
and her spouse, a huge Star Trek Fan 

Unlike prior years, the crop of films being recognized this year do not appear to delve into the nitty gritty complexity of family tensions in estate planning. However, several Oscar winning films of the recent past do just that – reflecting the real-life complexities of families and inheritances.  Family tensions, long-buried resentments, and unexpected inheritances can all collide, leading to dramatic and often heartbreaking consequences. Let's take a look at three films that illustrate this point:

1. The Descendants (2011)

This poignant film starring George Clooney delves into the complexities of family, grief, and land ownership in Hawaii.  The film highlights the importance of clear communication and planning, especially when dealing with significant assets like land. It shows how differing opinions and hidden family dynamics can surface when major decisions need to be made about an estate. The emotional weight of inheritance, and the responsibilities that come with it, are powerfully displayed.

2. Knives Out (2019)

This clever whodunit showcases a wealthy family riddled with secrets and greed, all vying for their patriarch's inheritance. "Knives Out" serves as a cautionary tale about the dangers of unclear or hastily changed wills. It underscores the importance of carefully considering all potential beneficiaries and the potential for family conflict when large sums of money are involved. The film brilliantly shows how hidden motivations can destroy family bonds.

3. Rain Man (1988)

This classic film explores the relationship between two estranged brothers, one of whom is autistic, and the inheritance left by their father. "Rain Man" highlights the importance of considering all family members when creating an estate plan, including those with special needs. It also raises questions about guardianship and the ethical considerations involved in managing someone else's assets. It shows that sometimes, inheritances can be a catalyst for family reconciliation, though it is often a very bumpy road.

Key Takeaways from these three films:

1. Communication is crucial: Open and honest conversations with family members about your estate plans can prevent misunderstandings and conflict. 
2. Clarity is essential: A well-drafted will or trust can ensure your wishes are carried out and minimize the potential for disputes. 
3. Seek professional guidance: Consulting with an estate planning attorney can help you navigate the complexities of inheritance and create a plan that protects your loved ones.

These films provide entertaining drama, they also offer valuable lessons about the importance of proactive and thoughtful estate planning. Don't let your family become the subject of a real-life estate planning nightmare.

As we move through 2025, I vow to return to my movie going ways -- hopefully I will see most, if not all, of the films nominate at the next awards ceremony.  Thank you for reading!   Remember, a blog is not legal advice.  Consult with an attorney, licensed in your home state, for advice specific to your situation.  Be well, and subscribe to my blog (enter your email in the upper right corner) so that you never miss new content.

What Exactly Is An Estate Plan?

What Exactly Is An Estate Plan?

By Melinda Gustafson Gervasi

February 28, 2025 

Crown - Copenhagen, Denmark, Image by M. Gustafson Gervasi

“So, what exactly is an estate plan, and do I need one?” asked the client seated across from me earlier this week.  “Um, my life is really pretty simple…do you think I need something like that?” they added.

My response was a simple “Yes”. To me an estate plan means preparing for illness, death, and taxes. It may not look like the estate plan used by the rich and famous, but it will address preparing for illness and death”

Here are common types of documents that make up an estate plan:

• Power of Attorney for Finances is a document that allows another person to handle financial tasks and decisions, such as banking, taxes, real estate, legal actions, and professional assistance if you are alive but too sick to act.
• Power of Attorney for Health Care – is a document that gives someone else the power to make health care decisions for you if you are unable to do so yourself.  For example, consenting to surgery, coordinating in home health care, or securing long-term care. 
• Advance Directive (also known as a Living Will) is a document that allows you to express your wishes about feeding tubes and other life sustaining procedures if you are in a persistent vegetative state or are terminally ill and the physicians do not think you will recover. 
• Authorization of Final Disposition is a government form that allows you to designate a person to make burial and funeral arrangements as well as express your intention for cremation or green burial.  In Wisconsin, when you die your powers of attorney end and our statutes assume your next of kin will make burial decisions.  This may not mirror your wishes, especially if you are in a committed relationship but not legally married.  
• Beneficiary designations are labels you place on assets that direct the assets distribution at your death.  You can create these for life insurance, retirement accounts, pensions and annuities with a death benefit, financial investments (brokerage, HSA, money market, etc), standard bank accounts such as checking, savings, and CDs, as well as real estate in some states (in Wisconsin it is called a Transfer on Death Deed).  
• A will is a legal document that facilitates probate (a will does not avoid probate).  A will tells the court who will be in charge of administering your estate (called an Executor in many states; in Wisconsin the role is called Personal Representative); nominates guardians for any of your minor children; and distributes property that did not have a co-owner or named beneficiary.  
• Living Revocable Trust is an instrument that you create during your lifetime to hold your assets, and then upon your death the instrument states where the assets held in trust shall be distributed.  This designation means they pass outside of the probate process.  They are very useful in states with high probate fees.  

The expression Estate Plan may come off as highfalutin; do not let it deter you from the important work of creating a plan for illness and death.  Without legal documents in place, a sudden illness or death can cause chaos on top of grieving.  Make the time to make a plan, then put it into a legal binding format that conforms to the laws of your state of residence.

Thank you for reading. As a reminder, a blog is not legal advice.  It is meant to spark thought and reflection.  Please seek legal advice from a licensed attorney in your state of residence.  Make sure to receive future posts; enter your email in the upper right corner to receive notifications when new material is posted.  Thanks again for reading, be well!

What I’ve Been Reading: Let’s Talk About Aging Parents: a real-life guide to solving problems with 27 essential conversations by Laura Tamblyn Watts

What I’ve Been Reading: Let’s Talk About Aging Parents: a real-life guide to solving problems with 27 essential conversations by Laura Tamblyn Watts

February 18, 2025

By Melinda Gustafson Gervasi

“Ahhhh, Mom….why are you reading a book about aging parents?” asked my observant 14 year old.  With her head tilted just so she added “....um you know we don’t have grandparents, right, you “k”?”  Rather than be frustrated with my teenager for pointing out the obvious and conveying with her eyes a concern about my possible dementia, I classified the moment as one in which my child’s maturity is starting to deepen.  The simple “k” being her way of saying “mom, are you doing okay?”  Smiling, I reminded her that I often read books for work to find ones my clients might enjoy.  Well aware that we have no “aging parents” on either branch of our family tree, I still picked up a copy of Let’s Talk About Aging Parents: a real-life guide to solving problems with 27 essential conversations by Laura Tamblyn Watts at our local library.

Book, tea, and more books.

True to its title, the book presents 27 chapters, each addressing a discrete topic covering a wide and realistic range of issues.  From how safe a home is to legal documents to addressing drinking problems of the elderly, the book is easy to read and offers a variety of conversation starters.  Most of us either have an elderly loved one in our family circle or may be ourselves the aging person others care about; either way, most readers can read this book and finish with a few useful tools and things to think about.

What stood out to me the most was the book's approach to the reality of life.  How to approach thorny conversations that reflect modern life is the biggest asset of this book.  For me (who lost both of her parents at a relatively young age due to alcoholism) I appreciate how the book addresses the issue of elderly drinking.  A reality of life in many homes, but one not portrayed on Thursday night sit-coms.  

If I had to point to a weakness in the book, which any solid book review should do, I would say it was the section on estate planning documents.  The reader is left feeling like they could and or should guide their parents through the process of setting up powers of attorney, a will, and or trust.  From where I sit as an estate planning and probate attorney, I find this problematic. An ideal situation for me is to hear directly from a client who wants to create or update an estate plan; I do not want the child to contact me saying “my parent needs to do work with you.”  The appearance of undue influence is so easily created by an overly helpful child trying to get paperwork in order.  Keep that in mind as you work to assist your parent, but not cross the line into taking over.

All in all, I think most readers will enjoy this book.  My favorite take away are here 3 rules: keep moving, but never rush; ask for help if needed; and stay hydrated.  This is the perfect example of her easy to embrace suggestions for navigating life with an older loved one.  

My 14 year old.....before the more mature side kicked in.

Thanks for reading!  Never miss a post; follow this blog by entering your email in the box located in the upper right hand corner of this page.  Remember, a blog is not legal advice.  It is meant to spark thought and reflection.  Please consult with an attorney in your home state for advice specific to your situation.  

Embrace A Low-Tech Foundation For Your Estate Plan

Embrace  A Low-Tech Foundation For Your Estate Plan

By Melinda Gustafson Gervasi

February 7, 2025

Geroges -- everyone paid attention!

“Rome is a lasagna,” said Georges, our tour guide for Palatine Hill, the Forum, and The Colosseum, “we have built layer upon layer.” Spry and a fountain of information on Roman history, Georges filled my brain not only with basic facts about Rome, but he planted a seed in my mind to reinforce the importance of a quality foundation in my verbal and written work as an estate planning and probate attorney.  

Roman Holiday

For just about twenty years I have spent my working days counseling on the ins and outs of estate planning and probate.  As a result of my work in this often gloomy area of life, I know that tomorrow is never guaranteed.  Rather than wait until my retirement years to travel, I work travel in whenever our schedules and budgets allow.  That is why this past December, Santa pulled out the passports and delivered my family a Roman Experience as a holiday gift.  

As we toured the modern capital city, its lengthy history was constantly visible. The sun soaked structures upon which Rome was built reinforced the power of a solid foundation. Foundation – the word means the underlying structure or backbone of a building or enterprise.  It provides essential support, allowing for stability and longevity.  For those interested in building a solid and sound estate plan, start with your fundamentals.  Specifically, review what foundation do you have in place for your estate plan.  Can it be built on overtime?

Roman Foundations, the Lasagna Style of Building

In addition to my wanderlust, I am also a luddite.  My interest in travel fits well with my spouse’s travel habits, but my resistance to technology leaves him baffled.  In his defense, he is an electrical engineer who spends his working days designing the green printed circuit boards in medical devices (and other electronics).  He loves the digital world, while I am a bit more skeptical.  That is why our estate plan is built off of a 3-ring binder rather than a digital application.  

My resistance to digital estate planning approaches is how quickly they become obsolete.  If I were to attempt to access files from my undergraduate days at UW-Madison I would hit a brick wall.  Back in the early 1990s everything was stored on floppy disks.  I cannot just open those up. Yet, I can easily flip through writings from my middle school and high school years because they were on paper and stored in a trapper-keeper.  And, not only can I just flip that trapper keeper open, so can my kids.  Ease of access is my primary draw to using a tangible system upon which to create an estate plan.  

Examples of low-tech, easy to access, and affordable foundations for your estate plan include:

• three-ring binder; 
• drawer in a filing cabinet; 
• portable plastic storage box; and 
• small home safe

Thank you for reading.  Please remember that a blog is not legal advice; it is intended to spark thought and reflection.  It is always best to seek legal advice from an attorney licensed in your state to address your own unique situation.  If you found this post helpful, consider sharing it on your favorite social media platform.  And never miss a post; become a “follower” of this blog by entering your email in the prompt above (upper right).  Again, thanks for reading and be well.

Looking for A Solid Estate Plan? Who You Appoint is Key

 Looking for A Solid Estate Plan?  Who You Appoint is Key

By Melinda Gustafson Gervasi

January 30, 2025

As I approach my 20th anniversary of operating an estate planning and probate practice I find my mind cataloging lessons I have learned along this journey.  There is the flippant quip that the word deceased is typed entirely with my left hand.  Interesting, but not of much value in terms of passing along wisdom.

Which brings me to today’s blog post.  Without doubt, a primary motivator for my clients creating or updating an estate plan is to have things in order so that their death is as easy as possible on their loved ones.  Just this week a client asked for my opinion on a decision, stating “I’ve never died before, so this is all new to me….what do you think?”  Well, I have not died before either, but for two decades I have paired my estate planning work with a practice administering probates and trusts.  My take-away has been that far more than the tool you use (oh that eternal question, should I use a will or a trust) it is who you appoint to handle your final affairs that matters the most.  It’s the who, not the what.

Delay, discord, disaster – they all seem to stem from a person who is in charge that is well beyond their skill set.  Perhaps they are a smart person, but simply do not have the bandwidth to take on all that is involved in dying.  So the work is pushed off and off until a crisis develops.  Managing a crisis is never ideal.  Other times the person put in charge has the time and skill-set, but not the best temperament when interacting with other loved ones who are also grieving.  Perhaps they relish the chance to finally take the reins and do exactly what they have wanted to do for so long, forgetting the feelings of others involved.  And sometimes the person who finds themself in charge of a probate estate or a trust is simply not good with details and numbers.  “Oh, I didn’t know that” is not a viable defense when the IRS starts asking questions about income tax filings that were wrong, or never even filed.  Trust me, no one enjoys an IRS inquiry.

Estate planning is one area in life where you can take control and make things happen.  Whether you need a Personal Representative (that is the title we use in Wisconsin, other states use Executor) of your will or you need a Successor Trustee for a Living Revocable Trust (the go to for residents of California) give a good deal of thought to you name to be in charge of final affairs.  Aim for Switzerland.  Who in your life is efficient, precise, and relatively neutral.  If no one fits that bill, look for a corporate entity to act as your fiduciary.  

Image by M. Gustafson Gervasi, 2025, Hamburg, Germany

Thank you for reading.  If you have found this helpful, considering sharing it via your favorite social media platform.  Remember, a blog is not legal advice.  It is meant to spark thought and reflection; please seek legal counsel specific to your situation in your state of residence.  Be well!