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

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

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

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

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

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