Lessons from Fisk, Season 2, Don't Be a Dumpster Diver

Lessons from Fisk, Season 2, Don't Be a Dumpster Diver

August 26, 2024

By Melinda Gustafson Gervasi

Most families have them -- unique and quirky belongings that mean the world to us, but to others they are nothing more than rubbish.  Episode Four, Season 2 of Fisk has Helen overseeing the purge of a home as part of probate.  Out with the old before the property is sold and the new moves in.  Unknown to Helen and the crew she hires is the beloved Polish recipe book.  It's added to the trash, but only when the granddaughter comes into the office does Helen realize she mistakenly tossed something the value viewed as priceless.  Into the dumpster dives Helen, emerging with success and a need for a shower.

Avoid being a dumpster diver.  Work with family and friends to make sure the personal items that mean a great deal to us are called out with instructions on where the items should go at death.  Everything from photographs to hobbyist tools to rare collections, make a list of what it is, where you keep it, and where it should go. This may include: family, friends, co-workers, thrift stores, charitable organizations, or a museum or heritage center.  All it takes is an afternoon or two to review your belongs, identify what means something to you, and then sketch out a plan.

Thanks for reading.  Remember that a blog is not legal advice; it is meant to spark thought and discussion.  Please consult an attorney in your home state for advice specific to your situation.  Be well, and click the Follow button in the upper right hand corner to receive future posts. 

Lessons From Fisk, Season 2: Letter of Wishes, the Supporting Documents of Estate Planning

Lessons From Fisk, Season 2: Letter of Wishes, the Supporting Documents of Estate Planning

By Melinda Gustafson Gervasi

August 16, 2024

Episode 3 of Fisk, Season 2, has Helen working with two estranged brothers.  Once upon a time the two had played in a band together, but life took them separate ways.  Their unhappy mother addressed the break up via her will, in a manner that left one brother feeling left out.  Helen discovers that "Mum" had left a Letter of Wishes in the attorney file, which explains the reasoning behind the unequal distribution. And it provides for a remedy.  The take-away from this episode is the role of supporting documents in an estate plan.

Generally and estate plan includes your powers of attorney as well as a will and or trust.  When I work with clients I routinely provide them with sample letters.  There is one to the Personal Representative (called an Executor in most other states).  Another for the Trustee or the children's Guardian.  When you create an estate plan, do not overlook the opportunity to create a letter that provides some guidance or explanation of your thoughts and wishes.  It might just lead to the band getting back together again!

Thanks for reading, and check out Fisk on Netflix for some laughs.  Remember that a blog is not legal advice; it is meant to spark thought and discussion.  

Lessons from Fisk, Season 2 - Drafting a Will Can Be Boring

Lessons from Fisk, Season 2 - Drafting a Will Can Be Boring

By Melinda Gustafson Gervasi

August 9. 2024

Episode 2 of Season Two of Fisk contains possibly one of my favorite characters - the Millennial who wants to be the first to do a video will, branding it "Willennial".  Upon hearing Attorney Helen Tudor Fisk explain that an Australian will must be in writing, the young women scoffs and says "that's boring", then proceeds to pack-up and leave.  Karma intervenes and the Millennial receives a blunt reminder that life is short, plan while you can.  She rolls up her sleeves and completes a boring will with Helen.

Estate planning can be boring.  It is tedious in nature and revolves around arcane language.  Yet, none of us are not going to die.  Eventually, one day your earthly time will come to an end.  Plan while you can.  Accidents and sudden illnesses happen leaving you either incapacitated and unable to create documents, or you die without any plan at all.  

Here are some steps I use with clients to make this tedious task a bit more tolerable:

1. Break it down into small steps.  For example, start by creating your powers of attorney or updating your beneficiary forms.
2. Educate yourself.  When I work with clients there is a heavy dose of "teaching" going on.  Take the time to learn the language of estate planning.  For example, "issue" means your offspring by birth or adoption, forever.  
3. Work with a Buddy.  As the attorney I function as an accountability coach.  If you choose to do this on your own, consider aligning with a sibling or friend to make sure you are sticking with the plan.  
4. Treat yourself. Every client in my office is offered a piece of nice chocolate and the end of every meeting.  I joke "if you had to meet with me today, you deserve some chocolate!"  A reward is a great was to power through tedious work.

Remember that a blog is not legal advice.  It is a platform to spark thought and discussion.  Please consult an attorney licensed in your state for advice specific to your situation.  Thank you for reading, and be well!

Lessons From Fisk, Season 2 - The Power to Destroy

Lessons From Fisk, Season 2 - The Power to Destroy

By Melinda Gustafson Gervasi

August 2, 2024

I'm back with another six-part series on lessons learned from the Australian Comedy, Fisk.  The show, set in Melbourne, focuses on Attorney Helen Tudor Fisk, who is an associate with a small law office that focuses on estate planning and probate.  I find the show to be a wonderful source of laughter in my otherwise intense and slightly stressful life as an attorney.

Season Two, Episode One focuses on a women who's mother has recently died.  A tenant in the back flat has placed a claim on the women's estate, stating she had intended to include him in the will.  I will not ruin the resolution for you, but I will say the show ends with an excellent example of a power enumerated in the wills I draft; #13 - the Personal Representative has the authority to demolish or erect structures.  Clients often express puzzlement for this power, but it does happen.

For example, many years ago I had a client who owned two parcels of land.  She built a garage that was over the lot line.  Then she died.  How do you sell property with a structure over the lot line?  In that case, the sister was the Personal Representative, and she used #13 to hire a contractor to tear down the structure.  Fish illustrates this same concept in a more dramatic fashion.  

 

Remember that a blog is not legal advice.  It is meant to spark thought and reflection.  Please consult an attorney in your home state for advice specific to your situation.  Thank you for reading!  Sign up for updates by clicking on the Follow button in the upper right hand corner, and then enter your email address.  Be well!