Navigator

Growing Up, Moving On: Why Your Estate Plan Needs to Evolve as Your Kids Hit Their Teens By Melinda Gustafson Gervasi July 31, 2026 The days are long, but the years are short.  If you are a parent of a teen or young adult you likely just nodded in agreement.  In what feels like a blink of the eye, my youngest just celebrated her Sweet 16 earlier this week.  Before she was born, even before her older brother was born, my estate plan was drafted to plan for the children we hoped for down the road.  Yes, I am that "type A" of a person, but as an estate planning attorney I knew it would be less emotional to write before I had a small bundle in my arms.  When you first draft an estate plan with young children, the focus is almost entirely on protection and survival. You are consumed by the heavy "what-ifs": Who will raise them if the worst happens? How will they be financially supported until they reach adulthood? At that stage, guardian designations and straightforw...

National Drive-Thru Day: Why There is No "Value Menu" for a Good Will By Melinda Gustafson Gervasi July 24, 2026 Today is July 24th, which means it is officially National Drive-Thru Day . It is a celebration of the ultimate American innovation of convenience. We’ve all relied on them. You pull up to a speaker, read off a standardized menu, hand over a few dollars, and a minute later, a paper bag is handed through your car window. It is cheap, it is fast, and it satisfies an immediate need.  Parenting two teenagers who run cross country as well as track means we have our fair share of trips through the Culver's drive-thru.  It's fast and relatively affordable.  But it's not exactly a quality meal for two athletes.  We are living in the digital age.  Are you bombarded with social media ads for online will kits or do you receive email offers from a nonprofit you donate to that wants to give you a "free will"? In the internet era, it is incredibly tempting t...

How Deep is Your Bench? What the World Cup Can Teach Us About Estate Planning By Melinda Gustafson Gervasi July 17, 2026 Worldwide, it is anticipated that 1.5 billion (yes, that is with a "b" not an "m") are expected to watch the World Cup Final  this Sunday when Spain takes on Argentina.  Even I will tune in, having recently fallen in love with this sport that seems to be unifying people from across the globe. But I won't try and fool you that I know much of anything about soccer.  What I know about the sport can be sourced to watching episodes of Ted Lasso and a few pointers I picked up watching the Ghana vs. Panama match I attended while in Toronto this past June.  My knowledge is limited, yet I have heard it said that championship depends on the "depth of the bench".  Basically, the term refers to the overall quality, skill, and reliability of the substitute players on a roster.  I emphasized the word substitute because it serves as the inspiration...

The Trust vs. The Allegation: Understanding "Slayer Statutes" in the Wake of Tragedy By Melinda Gustafson Gervasi July 10, 2026 The headlines out of California recently have been nothing short of devastating. Late last year, the tragic deaths of acclaimed filmmaker Rob Reiner and his wife, Michele, stunned the public. Now, a complex legal battle is unfolding in a Los Angeles County probate court, thrusting a quiet corner of estate law directly into the national spotlight. Their son, Nick Reiner, who has pleaded not guilty to charges in connection with their deaths, recently petitioned the court to compel a trustee to release over $1.5 million from a trust his parents established for him. His defense argues that he is presumed innocent and legally entitled to his own resources to fund a private criminal defense. The trustee, however, has withheld the funds. This aspect of the trial highlights a fascinating and rigid legal mechanism embedded in probate codes across the country:...

Red, White, and True Independence: Why Turning 18 Requires More Than Just a Vote By Melinda Gustafson Gervasi July 3, 2026 Image by M. Gustafson Gervasi 2026 The Summer of 2026 holds to significant birthdays for me.  First, our nation turns 250 years old.  As a member of the legal profession, I hope we see renewed reverence for the rule of law, and strengthen our democratic institutions.  Second, my oldest child turns18 in late summer.  Both of these events cause my mind to think about independence, duty and responsibility that culminate in a desire to educate young adults on a key task they should consider completing on our near their birthday. Turning 18 ushers in a new chapter of your life, heavily dosed with a helping of independence. You can vote, sign up for the selective service, and sign contracts. You are officially an adult in many aspects of life.  However, with this independence comes a responsibility. Many families are surprised to learn that with t...

Hollywood vs. Reality: The Problem with Netlix's "The Life List"  By Melinda Gustafson Gervasi June 26, 2026 The premise of Netflix's The Life List makes for great cinema: a grieving daughter is forced to revisit her 13-year-old self’s dreams—like overcoming a fear of horses or finding true love—within a strict one-year deadline to claim her inheritance. It’s poignant, it’s dramatic, and from a legal standpoint, it is an absolute nightmare.   While the film is highly entertaining, it highlights a major misconception. In the real world, estate planning is not a tool for gamifying your family’s personal growth or forcing adult children out of a rut from beyond the grave.  When you strip away the Hollywood script, three major issues expose why this kind of planning fails in real life. 1. The Legal Reality of "Conditional Bequests" In actual estate law, you can put conditions on an inheritance, usually by setting up a trust. However, the legal system draws a ver...

Beyond the Will: Weddings, Father’s Day, and Estate Planning for Our History By Melinda Gustafson Gervasi June 19, 2026 The third weekend in June brings a unique collision of energy. We are right in the thick of the summer wedding season—a time of new beginnings, crisp tuxedos, and beautiful white gowns. At the exact same time, we pause to honor Father’s Day, a moment to reflect on the men who shaped our families and the legacies they left behind.  For me, this specific time of year always brings back a memory of a unique choice I had to make years ago. After both of my parents had passed away, I found myself doing what so many of my clients eventually have to do: sorting through a lifetime of accumulated belongings. Among the boxes and heirlooms was my great-grandfather’s wedding suit. It was a beautiful, historic piece of our family fabric, but it faced a common question "what can I do with this that is meaningful?" I didn't want it to eventually end up on the racks of ...

Lost to the Cloud: The Hidden Risks of Purely Digital Estate Planning By Melinda Gustafson Gervasi June 12, 2026 Schools Out for the Summer!  My teenagers are thrilled that this school year has come to an end.  Both kids, like me, love and thrive in school.  But after a combined total of 8 AP exams and the conclusion of the rack season, they both need a break.  Over the long, hot summer they'll work on their driving skills, keep up their running habits, work in a bit of travel, and clean their rooms.  This involves the annual purge of papers from the past school year.  But that paper spilling out of their desks and onto the floor reminds me of an important fact related to my work as an estate planning and probate attorney.  Paper can be king! Fun fact about me -- I can still open my 1980s Trapper Keeper from the 1980s (yes, I still have it!), but I cannot open my college files containing my college senior thesis -- a complex regression analysis on the ...

20 Years of Probate, 5 Common Mistakes: What Not to Put in Your Will By Melinda Gustafson Gervasi June 5, 2026 What is a Will, Anyway?  At its core, a Last Will and Testament is a legal document with a specific, focused job: it directs how your probate assets should be distributed after you pass away, and it names the person (the personal representative or executor) responsible for making sure those wishes are carried out. Think of it as the ultimate set of instructions for your probate estate.  Note -- probate assets are those assets that have no co-owner or named beneficiary.  If an asset has a co-owner or named beneficiary, that asset will pass to the person(s) named directly, ignoring the will and avoiding the probate process.  Because a will has such a specific purpose, cramming it full of every final thought, personal detail, or medical wish can actually cause major legal headaches. Over my two decades of practicing estate planning and probate law, I’ve seen a ...

Passports, Packing, and Peace of Mind: The One Thing You Should Not Forget to Pack By Melinda Gustafson Gervasi May 29, 2026 For many, the official launch of summer travel season is here or right around the corner. According to AAA, 45 million Americans traveled over the recent Memorial Day holiday weekend. Homes across America are filled with the chaotic energy of trip preparation: laying out outfits, double-checking flight times, holding the mail, and tracking down that one elusive phone charger.  You are busy making lists to ensure you don’t forget the essentials.  The front door is locked, the thermostat is set, and the mail is on hold.  You are ready to go, but did you overlook a key item? If you are leaving home without your Power of Attorney for Health Care, stop and add this crucial document to your suitcase or carry-on.  A Power of Attorney for Health Care is a document that designates a trusted person to make medical decisions for you if you become incapac...

Passing Down Memories: A Memorial Day Reflection on Rosie Grant’s To Die For: A Cookbook of Gravestone Recipes May 22, 2026 Melinda Gustafson Gervasi As we head into Memorial Day weekend, our calendars naturally fill with family gatherings, backyard cookouts, and shared meals that anchor our holiday traditions. It is a poignant time explicitly dedicated to remembrance, where the flavors on our tables often spark stories of the loved ones who first prepared them. This connection between memory and meals came alive beautifully during a recent gathering of my book group. I coordinate "Book Club with a Twist."; Unlike traditional clubs where everyone reads the same selection under strict deadlines, our members simply gather to report on what they have read lately. There is no pressure to finish a book or to choose something that appeals to the masses; instead, we are gently nudged to keep reading just to have a fresh discovery to share. The only true hazard of our untraditional f...

The Clear Path: What Bird Migration Can Teach Us About Estate Planning By Melinda Gustafson Gervasi May 15, 2026 It’s officially migration season here in Madison, Wisconsin . This week, I’ve been busy stocking my feeders and, more importantly, turning off my outdoor lights at night .  If you’ve been following the local news, you know that artificial light can disorient birds, leading them off-course during their long journey. By "dimming the lights," we provide them with a clear, safe passage. It occurred to me that estate planning is very much the same. Our goal is to remove the "glare" of confusion so our loved ones can navigate the probate process without getting lost. If you want to make your final affairs easier for those following behind you, here are five "navigation markers" you can set today: 1. Review Your Beneficiary Forms Think of these as your North Star. Because beneficiary designations on retirement accounts and life insurance policies typic...

From the Oval Office to the Junk Drawer: Learning to Curate a Legacy by Melinda Gustafson Gervasi May 8, 2026 I have a personal goal that takes me across the country: visiting every Presidential Library in the United States . During the Summer of 2024, my family and I drove from Madison, Wisconsin to Austin, Texas.  Along the way we saw friends, family, and five Presidential Libraries (pictures are below). I’m nearing the finish line, with only the Carter library in Georgia and the Nixon and Reagan libraries in California left on my list. Coming this summer I can add two more to the list: one, the Obama Presidential Center will open in Chicago this June; and two, the T heodore Roosevelt Presidential Library in Medora, North Dakota, with tickets offered July 4th of this year.  While I have no immediate travel plans, I am looking forward to visiting sometime soon.   Presidential libraries are fascinating because they represent a massive effort to archive, organize, a...

Estate Planning Independence: Why You Should Choose Your Agents Before a Judge Has To By Melinda Gustafson Gervasi May 1, 2026 When we talk about estate planning, we often focus on the "what"—what happens to the house, the bank accounts, or the sentimental heirlooms. But the "who" is arguably more important. Selecting an agent for your Power of Attorney for Health Care and your Power of Attorney for Finance is not a popularity contest. These are two distinct roles that require very different skill sets. While you might have one person who fits both molds, it is often wise to consider whether your "medical champion" is the same person as your "fiscal steward." The Health Care Agent: Your Medical Advocate This person is your voice when you are at your most vulnerable. They don’t just need to care about you; they need to be able to navigate the high-pressure environment of a hospital.  Who in your circle of friends and family checks these boxes: The...

The Missing Piece in Your Estate Planning Toolkit: Powers of Attorney By Melinda Gustafson Gervasi April 20, 2026 We all like to think we’re in control, but what happens when you’re suddenly not? Whether it’s an unexpected medical emergency or a simple accident, there's one type document that can make the difference between a smooth transition and a legal nightmare. Surprisingly, nearly 90% of American adults are missing it according to the most recent report by trust & will . This Monday, we’re talking about the documents you should not live without: the Power of Attorney. MarketWatch's article highlights a significant gap in Americans' estate planning -- only 1 in 10 Americans have a power of attorney in place. If you are one of the many without this key document, here are 5 things to know: A power of attorney comes in to play if you are alive, but unable to act due to illness or an accident. A will only says who is in charge if you have died; There are two types of p...

Monday Musings: Probate is a Marathon, Not a Sprint By Melinda Gustafson Gervasi April 13, 2026 Happy Monday, readers.  Spring has arrived!  For my family that means at least one night a week you will find me in the bleachers of a local high school, cheering on track and field athletes.  My own kids are out there, where they tackle long-distance track events.  Watching them has given me a fresh perspective on my work in probate. In a sprint, it’s all about explosive energy and immediate results. But probate? Probate is the 3200-meter run. It requires pacing, endurance, and a refusal to give up even if you are getting lapped.  If you have recently been appointed as an Executor (or as we say here in Wisconsin, Personal Representative), you might feel the urge to sprint to the finish line. My advice? Find your stride first. Here are three things to do in "Lap One" to ensure you do not crash and burn before the finish: 1. Survey the Track (Secure the Tangibles) Befo...

Legal Lessons from the Page: John Grisham’s "The Widow" and Finding the Right Advocate By Melinda Gustafson Gervasi April 6, 2026 If there is one thing John Grisham knows how to do, it is placing ordinary people in extraordinary legal peril. In his latest work, The Widow , we are once again reminded that the legal world can be a maze of high stakes, hidden motives, and complex paperwork. Without giving away the plot, the story follows the aftermath of a sudden death and a search for justice—and the truth—in a system that does not always make it easy. For most of us, our lives do not have elements of international legal thrillers. However, a core principle of this book resonates deeply with what I do every day. And that is the importance of having a trusted advocate in your corner when you prepare an estate plan.  For Grisham's latest book, an elderly women seeks out an attorney she can trust. That is not always an easy thing to asses or find.  It is my opinion that you d...

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 yea...

Why Your AI-Drafted Will Might Be Nothing More Than "Words on Paper" By Melinda Gustafson Gervasi March 2, 2026 I get it.  Inflation continues to nip at our heels.  Housing, college, insurance, food – they all feel so much more expensive than the past.  So we turn to cost saving measures.  Sometimes we postpone spending – my own family has decided we have no immediate need to pull out our passports for travel.  One day we’ll pack our suitcases and explore a new country, but not this summer.  Other times we eliminate an expense.  Like many Americans, in my household we have turned off some streaming services, freeing up space in our monthly budget.  And then there is the quest to get something for free.  Who else out there uses a Buy Nothing Group?  I’ve have great luck finding items my teenagers have needed from group projects (think having to dress up as historical figures).  But, is it really free? The 1970s gave us shag carpeting...