And the Oscar for Best Estate Plan Goes To…

And the Oscar for Best Estate Plan Goes To…

By Melinda Gustafson Gervasi

March 13, 2026

During law school, immediately after completing a final exam, I went to the movies.  What was playing did not matter as much as the fact the movie allowed me to step out of my life and fall into another reality for 2 hours.  It was an effective way to close the door on worrying about exam questions, and move myself along to a calmer mental state.  However, while we often go to the movies to escape reality, sometimes those films hold a mirror up to reality.  This concept is apparent in several of the films nominated for Best Picture at the upcoming 98th Academy Awards. The nominees are actually masterclasses in the "human" side of the law.

Recently I have resurrected my personal goal of watching all ten films nominated for Best Picture.  So far I have crossed six off the list of ten.  Three of them stood out to my estate planning and probate attorney eyes.  This year the Academy has recognized three powerful movies that illustrate exactly why we plan for the future.

Sentimental Value (The "Family Home" Dilemma)

In this Norwegian drama, two sisters, Nora and Agnes, are forced to confront their estranged father, Gustav, after their mother’s death. Nestled within this family drama is the family home. Upon Gustav's returns to Norway the daughters learn that while their mother remained in the home following their parents' divorce, the home had always been in the sole name of Gustav.  He, and he alone, would determine what happens next with the property.

The Estate Planning Lesson: Real estate is rarely just an asset. When a home has "sentimental value," it becomes a lightning rod for unresolved family dynamics. Whether it’s a vacation cabin or the primary residence, your plan should specifically address who has the right to live there, who pays for the upkeep, and under what conditions the property can be sold. 

One Battle After Another (The "Surprise Heir" Factor)

This sprawling Paul Thomas Anderson epic follows Bob Ferguson (played by Leonardo DiCaprio) as he navigates a paranoid life on the run with his daughter, Willa. A pivotal moment involves a high-stakes DNA test used to confirm biological ties during a confrontation with the relentless Colonel Lockjaw.

The Estate Planning Lesson: Define your "Issue" clearly. In the world of probate, "issue" refers to your direct lineage. Modern science—from DNA tests to ancestry websites—has made it easier than ever for "omitted heirs" or unknown biological children to emerge after someone passes away. To protect your intended beneficiaries and your privacy, your trust should explicitly define who you consider your "children" and "descendants" to prevent unexpected legal battles years down the line.

Hamnet (The "Legacy Beyond Dollars" Perspective)

Directed by Chloé Zhao, this film explores the devastating loss of William Shakespeare’s young son, Hamnet. It isn't a movie about bank accounts or deeds; it’s about how a family processes grief and how that grief is eventually transformed into one of the greatest legacies in human history: the play Hamlet.

The Estate Planning Lesson: Planning is an act of love, not just accounting. While we spend a lot of time talking about tax-advantaged transfers and power of attorney forms, Hamnet reminds us that the most important thing we leave behind is the emotional well-being of those we love. A comprehensive plan includes more than just money—it includes the "soft" side of planning, such as legacy letters or ethical wills, that help your family find a path forward through their grief.

Whether you’re a world-famous playwright or a homeowner on the west side of Madison, your legacy is the story you leave behind. Do not let the "plot twists" of life catch your family off guard.  Take control and make a plan today.

Remember, a blog is not a lawyer nor is it legal advice.  Always seek counsel from an attorney licensed in your state for advice specific to your unique situation.  If you found this post helpful, consider sharing it on your favorite social media platform. Never miss a future post, sign up to follow this blog by entering your email above, on the right.  And if you love coffee as much as I do, consider leaving a tip in the yellow Buy Me a Coffee icon -- caffeine plays a large role in the production of my posts.  Be well, and thanks for reading!