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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 ...

A Final Note: An Estate Planning Love Letter By Melinda Gustafson Gervasi February 14, 2023 Happy Valentine's Day!  Today we pause to send messages of love and affection to our soul mates as well as treasured family and friends.  According to Britannica , the custom of sending missives of love and affection dates back to the 1500s.  The first commercially produced Valentines began to hit store shelves in the 1800s.  Today we can purchase them in bulk at our grocery store, send electronic cards via Hallmark, or post a gif on our social media tagging our beloveds.  Time has changed the medium, but the expression of love remains.  On this day set aside for love, it is with fond memory I recall reading a letter a client had written to their spouse.  It was to be a final letter, and in my mind, a love letter for the ages .  The words were not dripping with love and passion, but were a pragmatic list of items the reader would need to address when the au...

 It's The House With The Creepy Santa -- Estate planning during a pandemic December 18, 2020 By Melinda Gustafson Gervasi Pivot.  It may be "the word" of 2020.  And pivot we did.  Being and estate planning and probate attorney during a global pandemic has been challenging, rewarding, and ever changing.  When I started my practice in 2005, I never imagined that in my 15th year of solo practice I would be holding client meetings outdoors at my home office with my spouse as the witness.  Yet, that has become a reality.  I pivoted away from a conference room, offers of fresh coffee, witnessing by my administrative staff, and closing with a Frango Mint to go.  Instead I now commonly say ".....go North on Whitney Way through the intersection of Whitney and Mineral Point Rd., then make a U-turn at Marathon.  Go about 10 houses South on Whitney.  Our house is the white ranch with a yellow front door and a creepy 1980s (possibly older) plastic Sa...

The practice of law involves many roles: advising clients, researching statutes, following changes in federal law, drafting documents, and on particularly fun days -- being a guest on Wisconsin Public Radio!   This past October I was invited to be a guest on Central Time for a discussion of Swedish Death Cleaning, billed as the next biggest fad to hit the US.  Swedish Death Cleaning is a Scandinavian concept designed to encourage people to review their possessions, doing away with the unneeded and making a plan for the beloved.  The book   The Gentle Art of Swedish Death Cleaning: How to Free Yourself and Your Family from a Lifetime of Clutter by Margareta Magnusson hits American book stores January 2, 2018.  My copy is already preorderd, and a more specific review will be appear in my newsletter and here on Navigator in January 2018.  Based on what I've read thus far, I have two things to add.  First, don't wait until you 80s to tackle the c...

Image by M. Gustafson Gervasi, 2015 Back in July, as irises still bloomed in my garden, I sipped a coffee and glanced at our local free weekly paper The Isthmus .  A story on page 6 caught my attention -- America's longest-serving state legislator, Fred Risser , and his wife Nancy Risser, were profiled for creating an urban oasis in downtown Madison.  Over the years the couple worked to turn an apartment complex parking lot into a lush and welcoming garden.  Towards the end of the article a nugget of estate planning insight jumped off the page -- the bequest of perennials. Nancy is quoted as saying "A garden is a living thing" after she recounted transplanting iris bulbs from her late-grandmother's home in Texas to the garden here in Madison -- the transplant spurred by Nancy's father's death.  While the focus of this article was about creating and fostering natural beauty in an urban setting, the estate planner in me saw the often overlooked bequest -...

My phone chimed, indicating a new Facebook alert. Quick downward swipe of my fore finger and there it was, notice that the Mary and Baby Jesus planter had a new home! Relieved, a smile enveloped my face knowing that: one, I managed to keep this item out of a landfill; and, two, a piece of my mom and dad would live on in the home of neighbors who know the meaning of “it takes a village”. The expression “you cannot take it with you” has never had more impact on me than it did at the moment I read that comment. You die, but your stuff remains. And then the question, where will it all go? Her final breath came on a Sunday, two days after Valentine's Day. One audible exhale akin to sinking into a warm bath, and my mother's earthly days came to an end. It took a few moments for the reality to sink in. She was gone. Both of my parent's were now gone. At age 40 I was an orphan. Sobs finally arrived, having been stoic during her final months, as her body clearly shut d...

T.P.P. -- in the world of estate planning it means your tangible personal property.  Basically it is your "stuff". From a wedding ring to the family piano, anything you can pick up and carry.  And when you leave your earthly word behind, the question becomes -- where will my TPP go? During a client meeting last week this topic came up, as it often does.  I gave my standard response, "use the inventory template I provide but be very specific, imagine telling a stranger what item you mean, where it is located, and who should receive it -- you cannot be too specific."  The wife asked "would pictures be wise?"  My response, "yes!" .  And then the husband said -- "use Encirle , an app on the phone!"  A few minutes later he'd emailed me the link. Marketed for protecting again loss from theft, it would also be an easy way to go through your home and document what you want to go and to whom.  My cautious legal mind says the app wou...

Scanning my emails last week three little letters caught my eye, TPP.  Hmmm, what is this organization doing talking about TPP.  Turns out the letters in the email referred to a trade deal known as the Trans-Pacific Partnership, not Tangible Personal Property.  Acronyms are everywhere, and three little letters in one discipline mean something entirely different in another. Among estate planning and probate attorneys the letter TPP refer to the client or decedent's tangible personal property.  In plain English, his or her stuff.  Items one can pick up and carry, generally excluding cash and vehicles.  Think jewelry, collectibles, furniture, hobbyist gear, etc.  We all have it to some extent or another, and the question often becomes what will happen to it at death. Should you desire a specific piece to pas to a specific individual, and you have a will empowering you to leave a legally binding inventory distribution list (requirements for vary from s...

Have you seen it?  The Facebook photo that says something along the lines of  my biggest fear is one day I will die and my wife will sell my guns (or derby cars) for what I said I paid for them!  Emphasis being placed on  said  I paid for them .  Underlying the language is the fact that Facebook user has not been truthful in what was really paid for the items, and you can assume it was more than what was reported to the spouse. Sometimes substantially more. Pushing beyond the joke, this Facebook post highlights a key element of the probate process.  When an individual dies his or her probate property is distributed via the probate court unless some other instrument (i.e. a living trust) had been created and funded (i.e. assets transferred to the trust from the individual).  A first step in the process is to complete an inventory of all the decedent's probate property.  Things such as a house, vehicle, bank account, and tangible perso...

Sibling closeness I, as a mother and estate planning attorney, seek to preserve.  Take control and let them know your wishes.  If not, unpleasant disputes tend to arise. As the mother of two young children and as an estate planning and probate attorney, I can tell you that the "stuff" in your life is most likely to ignite sibling rivalry when you die.  From jewelry to collectibles to hunting gear -- the items that hold little to no monetary value often ignite the most intense disputes when a loved one dies. And apparently leaving tangible personal property, what we in the legal practice call your TPP, is the number one thing Baby Boomers care about leaving at death , not money.  Who gets what, that is the essential question.  When I work with my clients documents generally say "I may create an inventory form the disposes of my tangible personal property" , if so, the personal representative is obligated to distribute accordingly.  And then I add t...

Grandma AnnaLee is in her late 70s, living in a Midwestern town.  Like many people, over the years she has acquired some art work.  Paintings to be specific.  Some she purchased, others were inherited from an uncle who was an artist. Unlike many people, Grandma AnnaLee is comfortable with the fact that one day she will be gone, but her art work will remain.  Wanting to take control of the situation now, when she still has a say, she contacted the big art museum in town.  One she enjoys visiting and thought would be a good home for her paintings when her time comes.  To her surprise the museum said "thank you for thinking of us, but do know that if you leave them to us they will essentially be put in storage...in our basement, we have more than we can display." By now you know that Grandma AnnaLee is a savvy woman, and she took this cue from the museum and tried another approach.  After some thought and research she located a smaller, more regional (...

The purchase of a first home triggers many things: a sharper focus on property taxes in your area; selecting color schemes for dinning rooms; and in my case, finding a gentle way to say "thank you, but no thanks" to a mother wishing to transfer all the family "heirlooms" occupying her home to mine. Yes, the toss to the next generation.  A discussion of this crops up in my seminars, but focuses on issues related to step-up in basis and or capital gains tax when those items are later sold by the next generation.  Of great important when stock in Coca-Cola, the family farm, or a Monet is changing hands.  The finances surrounding great-grandmas salt and pepper collection are non-existent.  But still, handling the desire of one generation to pass along items to the next can be a tricky situation. My parents were keepers.  Born into families with little resources, stuff was hard to come by.  As such, they have a strong emotional attachment to rolling pins, va...

Whether it is during your life or at your death, philanthropic giving is within the reach of everyone through the art of a well designed garage sale.  They are great ways to give tangible items a second life, while clearing out your home or that of a loved one.  And, when done with a slight twist, promote your legacy.  Instead of pocketing the proceeds, designate them to a favorite charity.  Keep the following ideas in mind if you opt to try a sale for your favorite cause: hold the sale in a high traffic area (busy road, ask a community center or church or school to donate space for the sale); skip the pricing and simply ask people to make donations....it is for charity; see if a local bagel shop or bakery will donate food to sell, or ask friends to bake items for sale; sell brown garbage bags for $8 or $10 and allow people to fill them up for that price; in the last 2 hours slash prices by 50% or more (if you are pricing); have literature on hand about the c...