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!
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