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See You Later, 2025: What Fisk Taught Us About Heart-Centered Law By Melinda Gustafson Gervasi December 26, 2025 As we prepare to say “See You Later Mate” to 2025, many of us are looking for a bit of "Gal Pal O’Clock" energy offered up in the Australian comedy Fisk.  The Season 3 finale wasn't just about the quirky chaos of Gruber & Associates; it was a masterclass in embracing growth and the (sometimes messy) evolution of our professional lives.  Without spoiling the heartwarming pivots Helen and her colleagues make, there is a specific thread in the episode that struck a chord with me. It’s a list of attributes one should look for in quality legal counsel. But as I reflected on them, I realized they aren't just for lawyers—they are the gold standard for any partnership we enter into, whether in business, health, or creative endeavors. The Power of the "Good Listener" In a world that prizes the "loudest voice in the room," Helen Tudor-Fisk rem...

Precision Over Poetry: Why "Legalese" Actually Protects Your Estate By Melinda Gustafson Gervasi December 19, 2025  In Season 3, Episode 5 of Fisk, we see Helen powering through a marathon of client meetings while the rest of the office descends into its usual brand of chaos. But one specific client interaction perfectly captures a question I hear almost weekly in my own office: “Why does a Will have to have so much legalese?” In this episode, Helen is presented with a Will written by a poet. Seeking to make his final testament a "work of art," he traded clarity for metaphor. Helen’s reaction—“Yeah, I’m sorry, what am I looking at here?”—is the exact face many executors make when they encounter a DIY or "creative" Will. The Problem with "Art" in Legal Documents As Helen wisely points out, “Art means different things to different people.” While that is the beauty of poetry, it is the downfall of an estate plan. When a Will goes to probate, we aren...

Estate Planning Lessons from Fisk: Can You Really Control Your Property After You're Gone? By Melinda Gustafson Gervasi December 12, 2025 If I were an Estate Planning and Probate Law Professor I would certainly use episodes of the Australian comedy Fisk to educate my students.  For example, Season Three, Episode Four, Entitled The Sandman is in the Building, finds Helen and her co-workers temporarily moved to a co-working space due to a bomb threat on their main office. While an Ethics professor would have fun mining the ethical challenges of an attorney working out a co-working space, my lesson would zero in on a conversation Helen has with a set of clients who appear to be sisters. Glennys and Jean live together in a home Glennys owns; she had inherited it from her parents.  Jean voices her concerns to Helen saying “Glennys wants to change the will and leave the house to the church in order to curry favor with a church employee”.  Knowing that if Glennys dies first, an...

Red Flags in the Hospital Room: Why Waiting to Sign Your Will Is a Bad Idea By Melinda Gustafson Gervasi December 5, 2025 Lawyers, we are often the Grinch in a room.  Skeptical, a bit jaded because we’ve seen a lot.  Fisk Season Three, Episode 3 (I’m The Fisk) illustrates this trait, which I personally admit to having as well.  While we may be a killjoy, we are also sometimes correct.  And that benefits our clients.  In “I’m the Fisk” we see the return of the character Malcolm. The former restaurant employee at a neighboring business, he is now a client.  His father recently died, and shortly before his death, he re-did his will.  Malcolm shares this information with Helen, oblivious to the red-flags screaming at Helen.  Six months prior to his death he met and fell in love with his carer (caregiver here in the US) and re-did his will to cut out his only child, leaving his entire estate to his new found love. “Did they really? Gosh that’s good ti...

Estate Planning by Sitcom: Lessons from Fisk on Lawyer Ethics and Inheritance By Melinda Gustafson Gervasi November 28, 2025 Season Three, Episode Two of Fisk jumps right into the depths of estate plan with Helen rapid-fire questioning a woman who has come in to change her will: Helen: Did your husband die? Client: No. Helen: Is your husband dying? Client: No. Helen: Lost capacity? Client: No. Helen: Making bad choices? Client: No Helen: Are you planning to leave your husband? Client: No Helen: Is your husband planning to leave you? Client: No.  You are obsessed with my husband!!! Helen: No, I am trying to establish why you want to re-do your will. Client: Stefan thought it would be a good idea! Helen: Stefan is your husband? Client: No. He’s my financial advisor. Helen: Ohhhhhhhh And there you have a perfect example of clients responding to the nudges and encouragement people in their inner circle offer when it comes to estate planning.  Unfortunately, in this episode the fin...

Hypothetically Speaking: IOUs, Lawnmowers, and Professional Boundaries in Fisk, Season 3 By Melinda Gustafson Gervasi November 21, 2025 Six Fridays remain in 2025!  We’ll close out the year here on Navigator with a weekly post about the lessons learned from the Australian comedy Fisk.  Entering its third season, the show puts a hysterical spin on the issues related to practicing estate planning and probate law.  While the show is set in Melbourne, Australia – with its own set of laws – it provides great fodder for exploring the law that affects us all. In Season 3 Helen is finally a partner in the small law office of Gruber & Fisk.  Partnership may allow her to install a barista-grade coffee machine in the breakroom, but it also means she needs to start bringing in clients.  Fans of the show know that Helen’s communication style may make this new job function quite challenging.  She is blunt, quirky and prone to interrogation.   Quickly Helen ...

Upset With the World? The Middle Class Philanthropist Has Your Answer on National Philanthropy Day By Melinda Gustafson Gervasi November 14, 2025 November 15th marks National Philanthropy Day , a time when we celebrate the incredible generosity that fuels countless charitable missions across the globe. President Ronald Reagan officially proclaimed the first National Philanthropy Day on November 15, 1986, with the signing of Proclamation 5571. The proclamation followed a joint resolution passed by Congress and was intended to recognize the enormous achievements of the millions of Americans engaged in charitable giving and volunteerism. Reagan emphasized the literal meaning of philanthropy—"affection for mankind"—and celebrated the American tradition of voluntarism as one of the country's greatest strengths. As our nation prepares to celebrate another National Philanthropy Day this weekend, it is impossible not to acknowledge a deep sense of frustration many of people feel ...

Stop the Fights Before They Start: Planning for 7 Sentimental Thanksgiving Heirlooms By Melinda Gustafson Gervasi November 7, 2025 November winds will blow in cold weather this weekend; flurries are possible here in Madison on Sunday. As the temperatures drop, my attention at home has turned to mapping out plans for our family’s Thanksgiving holiday. The big day will be here in a blink of an eye.  For those of us who put thought, care and planning into this annual meal, I encourage you to build in some extra time to think about the bigger Thanksgiving picture. While large financial assets are covered in a will or trust, small tangible personal property—like holiday heirlooms—often goes unaddressed. These items, despite low monetary value, often cause the most intense family disputes.  Grief can surface in unpredictable ways, do your best to prevent family fights over your tangible possessions and make a plan for the long run.  Specifically consider the following items tha...

Don't Let Intestacy Turn Your Home Into a House of Horrors By Melinda Gustafson Gervasi October 31, 2025 October ends with chilly nights, colorful costumes, and plentiful jump scares. But what truly sends a shiver down this attorney's spine is not a cackling witch or shadows in the night—it is the loss of control that happens far too often in the lives of my clients and their families. When the unexpected happens—a debilitating illness or a sudden death—chaos engulfs a family. Wishes and good intentions become irrelevant. Instead, state statutes spring into action, seizing a person’s ability to control who is in charge and where assets will go. Estate planning boils down to control. If you do not draft your own estate plan, one likely exists for you, embedded in state statutes, written by your legislature. Chances are you will not agree with it entirely. The state’s statutory distribution plan often ignores your unmarried life partner, beloved stepchildren, or the charity you h...

Apollo's Lesson: What The Film, The Friend, Teaches Us About Pet Trusts By Melinda Gustafson Gervasi October 24, 2025 Times change, even at libraries. NPR recently ran the story 7 surprising ways the public library can save you money .  Long a fan of my public library, my current library card use centers around borrowing DVDs.  It’s a frugal and practical way to watch films that always seem to leave theaters before I get around to buying a ticket.  A recent library loan was the 2025 film, The Friend .   Based on the novel by Sigrid Nunez, the movie centers on Iris (played by Naomi Watts), a writer living a solitary life in a small, rent-controlled New York apartment. Her comfortable existence is thrown into chaos when her closest friend and mentor, Walter (played by Bill Murray), dies suddenly by suicide and, leaving behind Apollo, his beloved 150-pound Great Dane. Without any legal plan in play for his companion, Apollo finds his way to Iris’ apartment, which d...

Make The Right Choice: 5 Traits of a Fiscally Responsible Personal Representative By Melinda Gustafson Gervasi October 17, 2025 Image by M. Gustafson Gervasi 2025 Choosing a Personal Representative (also known as an Executor in other states) is one of the most critical decisions you'll make when drafting your will. This person will step into your shoes, manage your finances, and settle your affairs after you're gone. This role is not a ceremonial title; it's a serious legal and financial responsibility. A poor choice can lead to family disputes, unnecessary expenses, and months—or even years—of probate headaches. When selecting your representative, look for these five non-negotiable traits that define fiscal responsibility. 1. Strong Organizational and Record-Keeping Skills  This is the most fundamental trait. A personal representative is essentially the temporary financial manager of an estate, and their success hinges on their ability to organize. This is not a "shoe...

Asset Inventory Alert: Don't Drop the Ball on These Overlooked Estate Items By Melinda Gustafson Gervasi October 10, 2025 It was a perfect Saturday in August.  Mild temps and clear skies.  My family piled into my SUV and headed north to Lambeau Field for a match-up between the Green Bay Packers and my son’s beloved Seattle Seahawks.  It was a pre-season game, explaining why we were able to affordably purchase four tickets to the game.  The Packer franchise is legendary selling out every game, but also for having the longest wait list (reported as 140,000) for season tickets. Our trek to Green Bay and back provided several hours for family banter, bouncing around our favorite topics.  My comments touched on the place season tickets to the Packer Games can take in estate planning.   “Really, people can pick who inherits their tickets!!!”   my kids half asked, half expressed shock from the back seat.  “Yes!  I have had several clients lucky...

20 Years, 5 Questions: How the Five Ws Can Build Your Perfect Estate Plan By Melinda Gustafson Gervasi October 3, 2025 This past Wednesday marked my 20th anniversary of operating my legal practice, where I focus on estate planning and probate administration.  Looking back, I can now say that every estate plan, regardless of its size or complexity, is a direct answer to the most fundamental questions of life and death: the Five Ws. These journalistic essentials—Who, What, When, Where, and Why—form the backbone of both proper planning. Today I want to explore five essential questions everyone must face when creating an estate plan.  Who - when making the decision to name people for certain roles in your estate plan be honest with yourself.  Who is best equipped to handle health care decisions if they are your agent for the power of attorney for health care? Who do you trust with your checkbook if you are alive but too sick to manage your finances? And who is most like Swit...

More than Just a Movie: What Manchester by the Sea Teaches Us About Guardianship By Melinda Gustafson Gervasi September 26, 2025 Scanning the shelf of recently returned DVDs at my local library branch my eyes landed on the film Manchester by the Sea.  A faint memory clicked in my brain; this was a film I had wanted to see.  I added it to my stack of library materials, checked out, and headed home.  Looking up the film I learned that in 2017 it was nominated for 6 Oscars, including best picture.  Actor Casey Affleck won for best actor, and writer and director Kenneth Lonergan was awarded Best Original Screenplay. As the end credits ran, it was obvious why the film had garnered critical acclaim. The film tells the story of Lee Chandler, a Boston janitor who becomes the sole guardian of his teenage nephew, Patrick, after his brother, Joe, unexpectedly dies from a heart condition.  Lee returns to his hometown of Manchester, Massachusetts, to handle Joe's funeral arr...

More Than Words: Understanding Obituaries, Eulogies, and Other Tributes By Melinda Gustafson Gervasi September 19, 2025 The recliner in my dad’s hospital room was brown, a beige blanket covered my legs, and the computer screen emitted blue light. These things I clearly remember.  Sixteen years ago this week, sometime past midnight on a random weeknight, I nestled in the recliner.  Taking refuge with my computer while my dad rested and was finally sedate, I faced the truth.  My dad had entered hospice care.  Soon the family would need to provide information to the hospital, funeral home, and others.  Sorting this out in a state of grief was not ideal.  If you can, face the reality that we will all be leaving this earth and that a loved one will need to furnish basic information.  Pulling information together yourself can be a lovely gift to your loved ones.   During moments like this emotions are high and details can be overwhelming. Having li...

On Your Marks. Set. Go! Take Control of Your Estate Plan By Melinda Gustafson Gervasi September 12, 2025 Summer of 2025 brought an unplanned hiatus here on Navigator.  Efforts in late June to tame the jungle in our backyard led me down a path of medical intervention.  Unfortunately my weeding path must have hit a patch of poison ivy, which I am apparently highly allergic to.  Multiple doctors visits and nearly 8 weeks of steroid pills later, I’m feeling much better.  The yard remains an overgrown mess.   Travel in early August took me to Las Vegas to attend the 59th Star Trek convention with my family.  “I married into the franchise” best describes why I made my way to a city that is not really my cup of tea.  The people I love the most in this world LOVE the Star Trek franchise.  From the Original Series to the current production of Strange New Worlds, they will dominate any trivia game associated with Trek. Trust me, if you have to spend a ...

Why You Should Read: The Measure of Our Age by MT Connolly By Melinda Gustafson Gervasi June 27, 2025 My copy, complete with post it notes and dogged-eared pages. Recently I read The Measure of Our Age: Navigating Care, Safety, Money & Meaning Later in Life by M.T. Connolly , which explores the fact that while our society has managed to extend the average American life by 30 years, we have lagged on enhancing those years with deeper quality of life.   Composed of 15 chapters the book is a comprehensive look at aging in America.  Topics include the typical: housing and money issues.  It also delves into the topics of elder abuse/neglect and the benefits of intergenerational living arrangements.  Connolly, an attorney and leading expert in the area of elder justice, delivers a sociological style read filled with true accounts and practical considerations.  For anyone planning to age with grace and dignity or those who aim to support a loved one in their e...

Pocket Peace of Mind: Estate Planning and Probate Lessons from Rome's Pickpockets to Today's Tech Scams By Melinda Gustafson Gervasi May 16, 2025 Streets of Rome, Italy. Image by M. Gustafson Gervasi Taking in the sites of Rome, Italy this past winter break, our itinerary read like the list of “Top 10 places for Pickpockets in Rome”: Roma Termini Train Station; the Colosseum; Trevi Fountain; the Vatican Museum; and Bus #64.  Yet, we felt prepared and did not experience the dreaded missing wallet or phone while traveling.  I read up about common pickpocket techniques in advance, purchased of a Baggallini anti-theft purse, and prepared a few responses to unsolicited offers of help (a common ploy thieves use to distract you abroad).  The trip was a success: we enjoyed the sites and returned to the States with our wallets, phones and passports!  Keep this story in mind as your life kicks into the high-gear of summer living. Yes, your life is about to get busy.  From...

Beyond the Myths: 3 Steps to Understanding Estate Planning Law  By Melinda Gustafson Gervasi May 9, 2025 "Pffhhhh, still saying this....? "  I asked to myself as my eyes fell upon the sign posted in a local store.  "No, that’s not quite right" , I muttered to myself.  The victim does not have the legal authority to prosecute shoplifters; that power lies with the District Attorney.  A victim can report a crime to the police, provide evidence (video surveillance for example), and express their preference.  But the ultimate decision to prosecute is for the District Attorney to make.  Over and over my legally trained eyes see half-truths and myths hovering over our understanding of the judicial system.  Even in my area of focus, estate planning and probate, the general public's knowledge is usually not quite accurate when it comes to the law. The most common example I see relates to power of attorney.  “I need to hire an attorney.  My mom di...