Looking for A Solid Estate Plan? Who You Appoint is Key

 Looking for A Solid Estate Plan?  Who You Appoint is Key

By Melinda Gustafson Gervasi

January 30, 2025

As I approach my 20th anniversary of operating an estate planning and probate practice I find my mind cataloging lessons I have learned along this journey.  There is the flippant quip that the word deceased is typed entirely with my left hand.  Interesting, but not of much value in terms of passing along wisdom.

Which brings me to today’s blog post.  Without doubt, a primary motivator for my clients creating or updating an estate plan is to have things in order so that their death is as easy as possible on their loved ones.  Just this week a client asked for my opinion on a decision, stating “I’ve never died before, so this is all new to me….what do you think?”  Well, I have not died before either, but for two decades I have paired my estate planning work with a practice administering probates and trusts.  My take-away has been that far more than the tool you use (oh that eternal question, should I use a will or a trust) it is who you appoint to handle your final affairs that matters the most.  It’s the who, not the what.

Delay, discord, disaster – they all seem to stem from a person who is in charge that is well beyond their skill set.  Perhaps they are a smart person, but simply do not have the bandwidth to take on all that is involved in dying.  So the work is pushed off and off until a crisis develops.  Managing a crisis is never ideal.  Other times the person put in charge has the time and skill-set, but not the best temperament when interacting with other loved ones who are also grieving.  Perhaps they relish the chance to finally take the reins and do exactly what they have wanted to do for so long, forgetting the feelings of others involved.  And sometimes the person who finds themself in charge of a probate estate or a trust is simply not good with details and numbers.  “Oh, I didn’t know that” is not a viable defense when the IRS starts asking questions about income tax filings that were wrong, or never even filed.  Trust me, no one enjoys an IRS inquiry.

Estate planning is one area in life where you can take control and make things happen.  Whether you need a Personal Representative (that is the title we use in Wisconsin, other states use Executor) of your will or you need a Successor Trustee for a Living Revocable Trust (the go to for residents of California) give a good deal of thought to you name to be in charge of final affairs.  Aim for Switzerland.  Who in your life is efficient, precise, and relatively neutral.  If no one fits that bill, look for a corporate entity to act as your fiduciary.  

Image by M. Gustafson Gervasi, 2025, Hamburg, Germany

Thank you for reading.  If you have found this helpful, considering sharing it via your favorite social media platform.  Remember, a blog is not legal advice.  It is meant to spark thought and reflection; please seek legal counsel specific to your situation in your state of residence.  Be well!