Estate Planning Independence: Why You Should Choose Your Agents Before a Judge Has To

Estate Planning Independence: Why You Should Choose Your Agents Before a Judge Has To

By Melinda Gustafson Gervasi

May 1, 2026

When we talk about estate planning, we often focus on the "what"—what happens to the house, the bank accounts, or the sentimental heirlooms. But the "who" is arguably more important. Selecting an agent for your Power of Attorney for Health Care and your Power of Attorney for Finance is not a popularity contest. These are two distinct roles that require very different skill sets. While you might have one person who fits both molds, it is often wise to consider whether your "medical champion" is the same person as your "fiscal steward."

The Health Care Agent: Your Medical Advocate

This person is your voice when you are at your most vulnerable. They don’t just need to care about you; they need to be able to navigate the high-pressure environment of a hospital.  Who in your circle of friends and family checks these boxes:

• The Medical Interpreter: They don’t need to be a doctor, but they should be comfortable with "medical talk." They aren't afraid to ask for clarification on a diagnosis or a treatment plan. 
• The Steadfast Advocate: When you are seriously ill, the medical system can be overwhelming. Your agent must be strong enough to speak up, push back when necessary, and ensure your specific wishes are being honored. 
• Emotional Resilience: They need the internal fortitude to make difficult decisions during a crisis without being paralyzed by the weight of the situation.

The Financial Agent: Your Fiscal Steward

This role is about precision, organization, and a high level of trust. This person manages the engine that keeps your life running—paying the mortgage, managing investments, and handling insurance.  Again, ask yourself who is best at the following:

• The "Checkbook" Standard: Absolute trust is the baseline. This person is essentially stepping into your financial shoes. You need to know, without a shadow of a doubt, that they will act in your best interest. 
• Policy Literacy: A great financial agent is good at the "fine print." Whether it’s deciphering a long-term care insurance policy or understanding the nuances of a medical claim, they need a keen eye for detail. 
• A Sense of Timing: The fiscal world runs on deadlines. From tax filings to insurance premiums, your agent must be comfortable managing timelines to ensure no lapse in coverage or avoidable financial penalties.

It is tempting to choose an agent based on birth order or proximity, but the most loving gift you can give your family is to choose the person best suited for the specific task at hand. Sometimes, the person who is best at holding your hand in the ICU is not the same person you want navigating a complex insurance audit—and that is perfectly okay.  Estate planning is about taking control.  You are the best person to make these decisions.  Inaction may result in a court appointing someone if you never complete these documents.

Remember that a blog is not legal advice.  It is meant to inspire thought and reflection.  Please seek counsel from an attorney licensed in your home state for counsel on your specific situation.  Did you find this post helpful?  Consider sharing it on your favorite social media platform, or drop a tip in the Buy Me A Coffee icon above.  Thanks for reading, and be well. 

The Missing Piece in Your Estate Planning Toolkit: Powers of Attorney

The Missing Piece in Your Estate Planning Toolkit: Powers of Attorney

By Melinda Gustafson Gervasi

April 20, 2026

We all like to think we’re in control, but what happens when you’re suddenly not? Whether it’s an unexpected medical emergency or a simple accident, there's one type document that can make the difference between a smooth transition and a legal nightmare. Surprisingly, nearly 90% of American adults are missing it according to the most recent report by trust & will. This Monday, we’re talking about the documents you should not live without: the Power of Attorney.

MarketWatch's article highlights a significant gap in Americans' estate planning -- only 1 in 10 Americans have a power of attorney in place. If you are one of the many without this key document, here are 5 things to know:

1. A power of attorney comes in to play if you are alive, but unable to act due to illness or an accident. A will only says who is in charge if you have died;
2. There are two types of powers of attorney -- one is for health care decisions, the other is for financial decisions; 
3. In many states, if you do not have a power of attorney in place and you are suddenly unable to make decisions, someone in your circle of family and friends will need court approval (guardianship) to make decisions.  This often involves hiring an attorney and going to court; it takes time, costs money, and happens while you are critically ill;
4. Anyone over 18 benefits from these forms. Accidents and illnesses don't discriminate by age, and once someone turns18, parents no longer have the automatic legal right to manage your affairs; and 
5. Many states offer free, fill-in-the blank forms through State agencies.  For example, in Wisconsin where I live, forms can be found online through the Department of Health Services. 

Thinking about who will act if you are suddenly unable to do so is not fun.  However, it is far easier to digest than having a medical crisis spawn a financial crisis if you are unexpectedly incapacitated.  Take control, complete the forms, and then go about enjoying all life has to offer.

Tune in next week when I share qualities that I think are useful when deciding who to name as your power of attorney for finances as well as your power of attorney for health care.  Remember, a blog is not legal advice -- it is meant to spark thought and reflection.  Seek legal counsel from an attorney in your state of residence.  If you enjoyed this post, consider sharing it on your favorite social media platform.  And if you want to help fuel the creativity, consider leaving a tip in the Buy Me A Coffee icon in the upper right hand corner.  Be well, and thanks for reading!

Monday Musings: Probate is a Marathon, Not a Sprint

Monday Musings: Probate is a Marathon, Not a Sprint

By Melinda Gustafson Gervasi

April 13, 2026

Happy Monday, readers.  Spring has arrived!  For my family that means at least one night a week you will find me in the bleachers of a local high school, cheering on track and field athletes.  My own kids are out there, where they tackle long-distance track events.  Watching them has given me a fresh perspective on my work in probate.

In a sprint, it’s all about explosive energy and immediate results. But probate? Probate is the 3200-meter run. It requires pacing, endurance, and a refusal to give up even if you are getting lapped.  If you have recently been appointed as an Executor (or as we say here in Wisconsin, Personal Representative), you might feel the urge to sprint to the finish line. My advice? Find your stride first. Here are three things to do in "Lap One" to ensure you do not crash and burn before the finish:

1. Survey the Track (Secure the Tangibles)

Before a runner starts, they check the lane for obstacles. In probate, this means securing the "ground" of the estate. Check the locks, collect the mail, and ensure the property is safe. You are not winning the race yet; you are just making sure the track is clear.

2. Check Your Vitals (Gather the Paperwork)

A long-distance runner monitors their breathing and pace. For you, that "vital" data is the documentation. Locate the original Will and order those certified Death Certificates. You cannot maintain your pace with the bank or the court without these essentials.  Keep in mind that a will nominates someone to be the personal representative.  It takes court action to actually be appointed as the personal representative and have authority to act. 

3. Don’t Kick Too Early (Wait to Pay Debts)

The biggest mistake a distance runner can make is "kicking" (speeding up) too early in the race. In the legal world, this looks like rushing to pay off credit card bills or distributing jewelry to cousins in the first week. Hold your position. You need a full view of the estate’s assets and debts before you spend a dime. 

Go Spartans!

The probate process in Wisconsin takes time—often more than people expect. But just like a long-distance race, it is manageable if you keep a steady pace and focus on the lap you are currently in.  There is no requirement to hire an attorney to handle a probate, you can handle it alone in Wisconsin.  However, for those who want some coaching, consider reaching out to an attorney with a practice devoted to estate planning and probate.  

Thanks for reading!  Remember, a blog post is not legal advice.  It is meant to spark thought and reflection.  Always seek advice from an attorney licensed in the state where you have a legal issue.  If you found this post helpful, consider sharing it on your favorite social media platform.  You can also leave a tip in the "Buy Me A Coffee" icon above in the upper right hand corner -- a strong cup of coffee is a wonderful aid when sitting down to share my thoughts on the world of estate planning and probate.  Be well, and thanks again for taking the time to read my posts. 

Legal Lessons from the Page: John Grisham’s "The Widow" and Finding the Right Advocate

Legal Lessons from the Page: John Grisham’s "The Widow" and Finding the Right Advocate

By Melinda Gustafson Gervasi

April 6, 2026

If there is one thing John Grisham knows how to do, it is placing ordinary people in extraordinary legal peril. In his latest work, The Widow, we are once again reminded that the legal world can be a maze of high stakes, hidden motives, and complex paperwork. Without giving away the plot, the story follows the aftermath of a sudden death and a search for justice—and the truth—in a system that does not always make it easy.

For most of us, our lives do not have elements of international legal thrillers. However, a core principle of this book resonates deeply with what I do every day. And that is the importance of having a trusted advocate in your corner when you prepare an estate plan. 

For Grisham's latest book, an elderly women seeks out an attorney she can trust. That is not always an easy thing to asses or find.  It is my opinion that you do not need a high-priced firm in a glass skyscraper to get excellent legal help. Whether you are drafting a will or navigating the probate process, here are three tips for finding an attorney who is right for you:

1. Look for a Specialist, Not a Generalist

The law is vast. An attorney who handles divorces, personal injury, and criminal defense might be a "jack of all trades," but estate planning and probate are nuanced. You want someone who lives and breathes these statutes every day. Look for a practitioner who focuses their energy specifically on the transition of wealth and the protection of families.

2. Prioritize Communication Over Pedigree

In The Widow, communication (or the lack thereof) can be a matter of life and death. In your legal journey, you need an attorney who explains complex concepts in plain English. If a lawyer uses too much "legalese" or makes you feel rushed, they are likely not the right fit. You should leave every meeting feeling empowered, not confused.

3. Check for the "Human Factor"

Estate planning is deeply personal. You are discussing your life’s work, your children, and your end-of-life wishes. You need someone with whom you feel comfortable sharing the "messy" details. Ask yourself: Do they listen more than they talk? Do they seem genuinely interested in my specific family dynamic?

In a Grisham novel, the hero often finds the right lawyer just in the nick of time. In real life, you have the luxury of planning ahead. Don’t wait for a "thriller" moment to start your estate plan.

Thanks for reading!  Never miss a future post; sign up for email alerts above (upper right).  And remember, a blog is not a lawyer and it not legal advice.  It is meant to spark thought and reflection.  Be well, and I'll be back soon with another post!

And the Oscar for Best Estate Plan Goes To…

And the Oscar for Best Estate Plan Goes To…

By Melinda Gustafson Gervasi

March 13, 2026

During law school, immediately after completing a final exam, I went to the movies.  What was playing did not matter as much as the fact the movie allowed me to step out of my life and fall into another reality for 2 hours.  It was an effective way to close the door on worrying about exam questions, and move myself along to a calmer mental state.  However, while we often go to the movies to escape reality, sometimes those films hold a mirror up to reality.  This concept is apparent in several of the films nominated for Best Picture at the upcoming 98th Academy Awards. The nominees are actually masterclasses in the "human" side of the law.

Recently I have resurrected my personal goal of watching all ten films nominated for Best Picture.  So far I have crossed six off the list of ten.  Three of them stood out to my estate planning and probate attorney eyes.  This year the Academy has recognized three powerful movies that illustrate exactly why we plan for the future.

Sentimental Value (The "Family Home" Dilemma)

In this Norwegian drama, two sisters, Nora and Agnes, are forced to confront their estranged father, Gustav, after their mother’s death. Nestled within this family drama is the family home. Upon Gustav's returns to Norway the daughters learn that while their mother remained in the home following their parents' divorce, the home had always been in the sole name of Gustav.  He, and he alone, would determine what happens next with the property.

The Estate Planning Lesson: Real estate is rarely just an asset. When a home has "sentimental value," it becomes a lightning rod for unresolved family dynamics. Whether it’s a vacation cabin or the primary residence, your plan should specifically address who has the right to live there, who pays for the upkeep, and under what conditions the property can be sold. 

One Battle After Another (The "Surprise Heir" Factor)

This sprawling Paul Thomas Anderson epic follows Bob Ferguson (played by Leonardo DiCaprio) as he navigates a paranoid life on the run with his daughter, Willa. A pivotal moment involves a high-stakes DNA test used to confirm biological ties during a confrontation with the relentless Colonel Lockjaw.

The Estate Planning Lesson: Define your "Issue" clearly. In the world of probate, "issue" refers to your direct lineage. Modern science—from DNA tests to ancestry websites—has made it easier than ever for "omitted heirs" or unknown biological children to emerge after someone passes away. To protect your intended beneficiaries and your privacy, your trust should explicitly define who you consider your "children" and "descendants" to prevent unexpected legal battles years down the line.

Hamnet (The "Legacy Beyond Dollars" Perspective)

Directed by Chloé Zhao, this film explores the devastating loss of William Shakespeare’s young son, Hamnet. It isn't a movie about bank accounts or deeds; it’s about how a family processes grief and how that grief is eventually transformed into one of the greatest legacies in human history: the play Hamlet.

The Estate Planning Lesson: Planning is an act of love, not just accounting. While we spend a lot of time talking about tax-advantaged transfers and power of attorney forms, Hamnet reminds us that the most important thing we leave behind is the emotional well-being of those we love. A comprehensive plan includes more than just money—it includes the "soft" side of planning, such as legacy letters or ethical wills, that help your family find a path forward through their grief.

Whether you’re a world-famous playwright or a homeowner on the west side of Madison, your legacy is the story you leave behind. Do not let the "plot twists" of life catch your family off guard.  Take control and make a plan today.

Remember, a blog is not a lawyer nor is it legal advice.  Always seek counsel from an attorney licensed in your state for advice specific to your unique situation.  If you found this post helpful, consider sharing it on your favorite social media platform. Never miss a future post, sign up to follow this blog by entering your email above, on the right.  And if you love coffee as much as I do, consider leaving a tip in the yellow Buy Me a Coffee icon -- caffeine plays a large role in the production of my posts.  Be well, and thanks for reading!

Why Your AI-Drafted Will Might Be Nothing More Than "Words on Paper"

Why Your AI-Drafted Will Might Be Nothing More Than "Words on Paper"

By Melinda Gustafson Gervasi

March 2, 2026

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

The 1970s gave us shag carpeting, water beds, and the song Stayin’ Alive.  The decade also reminded us that there is no such thing as a free lunch. A popular adage promoted by economist Milton Friedman, it promotes the idea that there is no way to get something for free.  Decades later the 2020 docudrama, The Social Dilemma, warned "If you're not paying for the product, you are the product."

Looking forward AI - Artificial Intelligence - dominates the horizon.  It seems to be everywhere. From the medical world to finance to the Pentagon - it seems to be all about AI, all the time.  The legal world is not exempt from the mad rush to embrace what promises to be a revolutionary technological development.  Even in my small, solo practice AI dominates.  Will clients opt for AI to draft a will rather than seek my counsel.  Perhaps.  The allure of a free product is powerful.  However, a few issues may slow that flood:

• AI is a "prediction engine," not a "fact engine." It is optimized to sound confident and legally formal, which creates a dangerous precedent.  Some attorneys who have turned to it for research have found themselves sanctioned by a court for citing fictitious cases. This examples is from Massachusetts.  
• The holy grail of privacy that shrouds all law offices evaporates when a person feeds their net worth, family secrets, or specific fears about an heir’s substance abuse into AI.  That data may no longer be private, likely becoming part of the AI's training set and is stored on third-party servers. 
• AI is great at generating text, but it is physically incapable of executing a plan.  Until a will is signed properly (each state has its own signing requirements - for example, who must witness it) it is nothing more than words on paper.  Working with a living breathing attorney means you will have a guide for “executing” the will, a final step in making it legally binding.

Frugality is admired in my home and at my law office.  I love a good deal and take pride in being a good steward of our resources, allowing me to support my family, my community, and causes close to my heart.  However, after two decades of practicing estate planning and probate, I know that it is usually less expensive to hire a professional to get the job done correctly than to hire one to clean up a mess from a DYI project.

Remember, a blog is not an attorney.  This post is meant to spark thought and reflection.  Please seek legal advice from an attorney licensed for your home state.  If you found this post helpful, consider sharing it on your favorite social media.  You can also leave a "tip" on Buy Me A Coffee -- see the yellow icon above.  Thank you for reading, and be well. 

The Sentimentality Trap: Why "Death Cleaning" is the Best Gift for Your Executor

The Sentimentality Trap: Why "Death Cleaning" is the Best Gift for Your Executor

By Melinda Gustafson Gervasi

February 23, 2026

In previous posts, we have discussed döstädning—the "gentle art of Swedish Death Cleaning." I is the practice of organizing and paring down your life’s "stuff" now so that your children or other heirs are not left to do it while they are grieving.  While it my be easy to toss an old toaster, it is much harder to part with your father’s collection of vintage maps or your grandmother’s (slightly chipped) dishes. A recent New York Times piece, "Letting Go of Sentimental Objects Is Hard," offers some useful psychological tools that may help you push past the mental roadblock and actually clear out some clutter this Spring.  

To "soften" this process, consider the following:

"Use it or Lose it" Rule: The Times suggests keeping only what you can use daily. If the item is tucked away in a back closet and rarely used, consider "gifting" those other items now. If you have jewelry or heirlooms you want a niece to have, give them to her for her 30th birthday rather than leaving them in a box for her to find after a funeral.

Document the Story, Not the Stuff: The article notes that we often keep things to keep the memory. In your estate plan, consider a "Legacy Letter." Write down the stories of the items you are keeping. If an item doesn't have a story worth writing down, then it might be time to let it go.  Also, perhaps a photo of the item is all you need to go with your letter, allowing you to preserve the memory but let the physical item move on to a thrift store or be added to your recycling bin. 

The "Didn't Know" Rule for Heirs: If you find something in the back of a closet that you forgot existed, the Times says you can let it go. Do your heirs a favor: if you haven’t looked at it in a decade, they shouldn’t have to decide its fate during their first week of mourning.

As an estate planning and probate attorney, I see it constantly: a probate process that should take six months stretches into two years because the family is paralyzed by a house full of "sentimental" items.  Even worse, family members transfer their mourning grief and instead squabble over who will get mom's armoire.  Take control now and re-home as many items as possible with the least amount of family drama. 

Estate planning is not just about who gets the house or the 401(k); it’s about the efficiency of the transition. Decluttering yourself ensures that your "personal property" (as we call it in the law) is a curated collection of memories, not a mountain of chores for the people you love most.

Now make a plan.  Pull up your calendar and designated two hours each month to decluttering. Start with one distinct "pain point", such as the kitchen junk drawer. If you find something you did not know was there, consider it a gift to your future executor to let it go today.

A blog is not a lawyer; it is meant to spark thought and reflection.  Please consult an attorney in your home state for advice specific to your situation. If you enjoyed this post, please share it on your favorite social media platform.  And if you are so inclined, you can leave a "tip" on my Buy Me a Coffee page (yellow button, upper right corner) to help keep the caffeine powered posts coming.