Estate Planning by Sitcom: Lessons from Fisk on Lawyer Ethics and Inheritance

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 financial planner aims to send Helen any and all clients, regardless of whether they really need legal counsel.  And in exchange he wants any and all clients from Helen.

Here in my home state of Wisconsin attorneys must adhere to a code of ethics, one drafted and monitored by our State Supreme Court.  Under Chapter 20 (Rules of Professional Conduct) attorneys are prohibited from making non-legal referrals from which they will benefit financially. While the set-up of this episode generates good laughs, it is not an accurate portrayal of how I operated my legal practice.   There is no quid pro quo at my office. Use caution when professionals are giving you a hard sell to work with another professional; sometimes their own financial benefit eclipses what is in your best interest.

Episode 2 continues down a humorous path where Helen’s dad decides to update his will to include Viktor.  However, doing so causes Helen concern.  What if her dad dies, everything goes to Viktor and then Helen inherits nothing?  The Judge (aka Helen’s dad) has an elegant and simple legal fix - Viktor will adopt Helen.  While creative, this underscores the danger of taking any legal advice from a television show, let alone one from a different country.  Here in the US people have “testamentary freedom” – for the most part, they are not required to include certain people in a will.  That means a parent can choose to cut a child out of a will.  Blended relationships, with children from outside the relationship, quickly become complicated.  Estate planning laws vary from state to state in the US.  Always check in with an attorney for advice on how to best accomplish your goals of passing your estate at death. 

Fisk, Season 3, Episode 2 - Burning Up

Thanks for reading!  Remember that a blog is not legal advice; it is meant to spark thought and reflection.  Please seek legal advice from a licensed attorney in your home state for counsel on your specific situation.

Hypothetically Speaking: IOUs, Lawnmowers, and Professional Boundaries in Fisk, Season 3

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 learns that clients often pop out of no where.  Arriving home one evening her neighbor asks if he can give her a hypothetical.  She quickly points out that she cannot give specific legal advice to someone who is not a client.  Unwillingly to pay for her advice, the neighbor does his best to pump Helen for information on whether he needs to pay IOUs made by his recently deceased father to a lawn service.   Taking a twist only allowed in fiction TV series (and movies), Helen finds herself helping the recipient of the IOUs – a highly energetic tween who loves mowing lawns.  This episode leaves the viewer with two important lessons:

One, a lawyer should not give specific advice to anyone unless that person has retained them to be their lawyer.  General advice is fine, but nothing specific.  

Two, in a probate one role of the Personal Representative (commonly called an Executor in our jurisdictions) is to evaluate claims against the estate and use funds of the estate to satisfy valid claims. 

Tune in next week for more lessons learned from Helen and the gang at Gruber and Fisk.  Note, a blog is not meant to be legal advice.  Rather it is meant to spark thought and reflection.  Always seek legal counsel from an attorney in our home state.  

Upset With the World? The Middle Class Philanthropist Has Your Answer on National Philanthropy Day

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 about the current state of the world—whether it’s political gridlock, social unrest, or economic uncertainty. It’s easy to feel powerless and anxious when the issues feel too big and complex for any single person to influence. If you are discouraged by the constant stream of negative news, consider that proactive planning is a powerful antidote to anxiety.

In a world that often feels out of control, your estate plan is the one area where you have absolute authority. When you dedicate a portion of your estate—even a small percentage—to a cause you believe in, you are not just writing a future check. You are legally and definitively stating: "This is what I value. This is what I want to sustain." Transform your frustration into positive, future-oriented action. By integrating charitable giving into your Will or Trust, you ensure that even when you are gone, your life’s earnings continue to support the values you couldn’t fully fund in the present. You are building a permanent counter-narrative to the negative headlines.

I am aware that when most people hear the word "philanthropy," they picture the ultra-wealthy—the foundations, the big names on university buildings or urban concert venues. This perception is exactly what I sought to change back in 2013 when I self-published the small book, Middle Class Philanthropist: How Anyone Can Leave a Legacy.  The core premise of the book remains vital today: legacy giving is not a luxury; it is an accessible choice.

Philanthropy simply means "the desire to promote the welfare of others." From a legal perspective, achieving this through a legacy gift means including a charity in your estate plan. This could be:

• Decluttering your home during life and donating the unneeded items to a nonprofit's thrift store;
• Designating a nonprofit organization to receive gifts in lieu of flowers at a funeral or memorial service;
• Leaving a percentage of your retirement account or life insurance to your favorite nonprofit organization;
• Establishing a donor-advised fund (DAF) that is funded upon your death; or
• Writing into your will or trust a directive to give a certain percentage of your estate to a cause that you hold dear.

Every amount, no matter the size, represents a significant final vote of confidence in the causes you care about. This November 15th, do not let frustration define you. Let your legacy define the future. If you have already created a will or trust, use this National Philanthropy Day as a prompt to pull out those documents. Does your current plan still reflect your values and, specifically, include the causes you want to champion?  If you have not yet created an estate plan, consider the immense satisfaction and peace of mind that comes from knowing you have formalized your final wishes.

Decluttering outdated school supplies - a great donation
to the Dane County Humane Society Thrift Store

Thank you for reading.  If you enjoyed this post, consider sharing it on your favorite social media platform.  Keep in mind that a blog is not legal advice; it is meant to spark thought and reflection.  Reach out the an attorney in your home state for counsel specific to your organization.  Be well!

Stop the Fights Before They Start: Planning for 7 Sentimental Thanksgiving Heirlooms

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 that may have special meaning for your loved ones at Thanksgiving (or other holidays and celebrations):

1. The Dinner Table (or the Leaf Set):  Perhaps it is marked and stained from the toddler years, the actual table you gather around may hold immense emotional value to your loved ones. 

2. The Traditional Linens (Tablecloth and Napkins): Perhaps they were gifted to you at your wedding, purchased while traveling abroad, or a fantastic find at a thrift shop, tablecloths, runners, napkins and other linens are often associated with special holidays and family traditions. 

3. The Special Serving Dishes and Plates: Many people may think about an antique gravy boat, the ceremonial turkey platter, or specific set of china used once a year.  Personally, my great-grandmother’s collection of unique salt and pepper shakers comes to mind.  These may be things you overlook, but through the eyes of a child they can serve as a connection to the older generations in a family tree.

4. The Handwritten Recipes and Cookbooks: Faded to the point I can hardly read it anymore, I treasure my mom’s recipe card for Cinnamon Moons.  While she passed away in 2014, this index card joins me every year during the holiday season.  Consider how fragile these handwritten recipes will become and consider updating them or putting them in digital format. 

5. The Cooking Utensils (Rolling Pin or Pie Dish): Perhaps it is the rolling pin that belonged to your grandmother or the mixing dish used by your grandfather or, like in my house, my mom’s collection of cookie cutters – these are all family heirlooms that may have little to no monetary value, but hold a large amount of sentimental value. 

6. The Traditional Holiday Apron: A simple piece of cloth, often stained but associated with the warmth and work of the cook/host, it can symbolize the passing of the torch.  Consider who in your circle of family and friends shares your love of cooking. 

7. The Sentimental Decorations (e.g., Centerpieces): Think beyond the generic Fall decor you may pull out this time of year, and consider if there is anything particularly unique.  In our house I would nominate my Fall Gnome collection.  Both kids know how I love a “good gnome” and they are a nod to my Scandinavian heritage. 

Many state statutes allow you to create a separate inventory form to dispose of your personal tangible property.  Rather than listing these items in your will, your will references this inventory form.  It is often a simple and flexible tool to direct precious items to your loved ones.  Don't let your Thanksgiving traditions become the source of conflict. Take control today and put together a plan to keep the love flowing during the holidays for decades to come. 

Prior to The Big Meal our family completes a Thanksgiving 5K -- it's tradition!

Thank you for reading.  Remember that a blog is not legal advice; it is meant to spark thought and reflection.  Please seek legal counsel from an attorney licensed in your state of residence for guidance specific to your situation. If you found this post helpful, consider sharing it on your favorite social media platform.  Be well, and enjoy the holidays!