"Trick or Treating" in Estate Planning -The Lesson of Francis Ogden

 "Trick of Treating" in Estate Planning - The Lesson of Francis Ogden

October 30, 2020

By Melinda Gustafson Gervasi

In a hushed whisper my 10 year old daughter called me over to the school desk she uses for remote learning.  "Hey mom, listen to this....it's about a guy who wrote fake wills".  Intrigued by the subject matter, one that squarely falls into my wheelhouse (unlike the advanced math both of kids are taking), I stepped out of work mode and into 5th grader curiosity.

A round of applause is needed for the Madison Metropolitan School District for making the annual 5th Grade Field Trip to the historic Forest Hills Cemetery here in Madison a reality.  Due to Covid19, the field trip this year was virtual, and allowed me to join in on the lessons.

I had never heard of Francis Ogden before.  He moved to Madison in the mid 1800s, and grew a financial empire in real estate and oil holdings in Texas.  Known as the richest man in town, he left Madison after a few spats with the City of Madison over their rejection of land he offered to donate for a library (they did not care for the location) and regulations surrounding his hotel, The Ogden Hotel.  Claiming he had had enough of Madison, he moved to Texas.

Known as an eccentric man, he fed that reputation by taking on a new habit while living in Texas.  Apparently he enjoyed writing wills, in pencil, without witnessing and handing them out to various people including relatives (he never married and had no children) as well as people he had just met, promising them his riches.  When he died many people came forward with those pencil written wills seeking to inherit. He thought he had had the last laugh.

The video fails to tell is what happened to his estate.  My guess, Texas State Statutes (where he was a resident) controlled is intestate estate, likely distributing the assets to his closets living relatives.  But that's a guess.  In the end, his tricks turned on him.  Estate planning is about taking control of who is in charge and where assets go.  Upon his death, Ogden's Wisconsin relatives opted to have him buried at Forest Hills Cemetery, in the heart of the city he despised and moved away from, giving him the cheapest monument possible at the time -one made of zinc.  Writing a valid will is about taking control of the what and the who.  Sadly, Odgen's games landed him back in Madison, for perpetuity. 

Check out this video put together by Wisconsin's Veterans Museum for its Talk Spirits Tour.

What I've Been Reading: Will My Cat Eat My Eyeballs? Big questions from tiny mortal about death

What I've Been Reading: Will My Cat East My Eyeballs? Big questions from tiny mortal about death

Written by Caitlin Doughty

What do you get when you combine kids' questions about death with a mortician -- Will My Cat East My Eyeballs? Big questions from tiny mortal about death.  This quick read consists of just over 30 questions posed my kids along with Doughty's answer.  Most of the Q&As run about 3 to 4 pages long, and are written in a cheeky manner.

Questions range from the very macabre to pure silly:

When I die, will my cat eat my eyeballs?

Will I poop when I die?

Can I use human bones from a cremation as jewelry?

Personally I found the blunt answers to questions disturbing, especially the description of cremation.  Both of my parents are deceased and I made the arrangements for their cremation.  I'd say the process is similar to sausages, I appreciate the end product but would prefer to be spared the details. 

If you enjoy movies or shows with forensic science or are an 8th grade science teacher, you may find this book to be enjoyable and or useful.  Or if you need a unique way to experience fright this Halloween, in the midst of a pandemic, this may be the book for you.

The Teacher Within: Procrastination and Estate Planning

 The Teacher Within: Procrastination and Estate Planning

By Melinda Gustafson Gervasi

October 2020

September of this year ushered in a new chapter in my life, being the parent of a middle schooler.  Our oldest child launched his 6th grade year (virtually), bringing with it my own memories of educational growth.  Some things are different -- he is in "computers" class, in my youth it was just "typing".  Yet, some things remain the same.  The Covid 19 Pandemic has allowed me a window into his classrooms, specifically his teachers' advice.  With middle school comes longer term assignments, and hence the lecture on procrastination. A constant lecture on the educational path. 

Defined as "delay or postpone action; put off doing something", he is learning that weekends pass quickly, Monday mornings loom, and he needs to make the time for his weekend music appreciation writing assignment.  Already he has felt the dread of a Sunday evening spent "working" rather than resting, and the bit of panic that comes with "what if it isn't done".

“Don't put off until tomorrow what you can do today.” -Benjamin Franklin

We've all heard this quote multiple times in our lives.  Yet many of us put off unpleasant tasks when they could be crossed-off our to-do lists today.  This is fact I see day after day in my estate planning practice.  Often it would take a death in the family, cancer diagnosis, the birth of a child, and international travel to nudge a client through my office door.  In 2020 the largest nudge I have witnessed in my 15 years of practice has been Covid19.  From doctors to teachers to patients with chronic illnesses, estate planning is at the top of many "to-do" lists.  Thinking about creating, or updating, an estate plan is one thing.  Completing the task something entirely different.  

As I type the yellow, red, and orange leaves fall onto my driveway.  Cars zip passed, eager to start their Friday evening plans.  It's 80 in Madison on October 9th -- the outdoors calls.  But, we all know dark, rainy days, followed by plunging temps and snowfall are just around the corner.  If estate planning is a priority to you, do not fall victim to procrastination.  The winds are blowing.  Illnesses are increasing.  The flu is circulating.  And the local hospitals here are implementing visitor restrictions.  Once it was possible for a client to complete estate planning documents from the comfort of a hospital bed.  My own father was one of them.  The year 2020 is different.  Visitors are being restricted.  Your lawyer may not be allowed to see you.  Or, if you are allowed one person you may not have enough people to serve as a witness.  This is not hyperbolae.  Earlier in the year this was a fact.  Lawyers were denied entry to hospitals, re-hab facilities, hospice centers and senior living complexes.  Listen to Benjamin Franklin; if it is important to you, do it today, not tomorrow.

Thanks for reading.  May you stay safe and healthy as we move towards the end of 2020.  Remember, a blog is not legal advice.  It is a platform to spark discussion and reflection, nothing more.  It is essential you contact a lawyer in your home state for advice specific to your unique situation.  Be well. 

Reflections: 15th Anniversary of Being an Estate Planning & Probate Attorney

It was a Saturday.  The office web site went live.  My professional liability insurance policy kicked in.  I scheduled my first client meeting.  It was fifteen years ago, October 1, 2005, and my journey as a solo estate planning & probate attorney had begun.  

Over the decade and a half to follow, my days were filled with interesting legal questions and fact patterns.  Laws evolved, statutes were modified, courts shifted to online filings only.  The well from which I drew stories to illustrate concepts of estate planning & probate deepened. For example, a Personal Representative has the ability to "demolish or erect structures" in the course of a probate.  I had a case once where this power was needed; decedent had built a garage over the lot line and it needed to be torn down before the property could sell.  I have a lot of stories I can pull from to educate current clients, and I mean a lot.

None of this really surprised me.  Back in 2005 I anticipated building a wealth of knowledge in the subject area I decided to focus on. I assumed my career path would allow me to give seminars (I do, routinely), to teach (I have at the undergrad level), and even to write (in 2013 I released a small book on philanthropy).  But there was something I didn't see coming back when I went through the mechanics of setting up this practice.  Along with the graying hair, bouts of carpal tunnel, and an increased need for "my readers", I've learned how critical it is to sit down at a client meeting with open ears and a caring heart.

My clients are not textbook hypotheticals.  They are real people.  And they deserve a lawyer who has more than the mere mechanical tools of estate planning & probate.  They need a lawyer with a heart, one who cares, one who listens, and one who helps them navigate the terrain of illness and death.  More than once I have cried with a client grieving the death of a spouse; handed tissues to clients telling me how their child died, necessitating an update in their documents; and going to the hospital so a client in palliative care can sign her final papers.  

Looking back I can say that an estate planning & probate practice is far more than citations, processes, and official signings.  It is navigating another person through the sea of family dynamics, thorny relationships, and the reality that none of us are getting out of this alive.  It is far more rewarding than I could have ever imagined on that Saturday long ago.  

 

The Teacher Within: Channeling Debbie Downer (SNL)

The Teacher Within: Channeling Debbie Downer (SNL)
June 2020
Melinda Gustafson Gervasi, Attorney & Author

More often than not, in my legal counsel, I am the Debbie Downer in the meeting.  My role as teacher to my clients requires it at times.

Debbie Downer was a character on the NBC show Saturday Night Live played by actress Rachel Dratch who debuted in 2004.  The name "Debbie Downer" has become a slang phrase, meaning someone who frequently adds bad news and negative feelings to a gathering. In the end, she brings down the mood for everyone.

For example:

• Great, you want your estate to go to your children if both spouses have died -- what happens if your children predecease you?
• Who will you name as a back-up health care agent if both you and your primary agent are in a car crash together and s/he cannot act?
• What happens to your estate if neither your spouse nor any of your children/grandchildren survive you?
• Keeping a will at home is dangerous -- there are fires, floods, thieves walking off with your safe box, or a relative who reads it, disagrees, and tears it up.

And now I can add to the list -- don't overlook the chance your dog may eat and destroy your will.  Straight from the headlines -- a Texas Probate Judge hears a dispute about a missing will.  The decedent had three children from a prior relationship, and was married to a man that was not the father of her children. A daughter claims that a 2009 will, which gave the estate to the three children, was eaten and destroyed by the drafting attorney's dog (a 2 year-old Golden Doodle named Linus).  To complicate matters, the decedent made another will in 2003, leaving her assets to her husband.  And there you have it, a will dispute because the lawyer's dog is alleged to have eaten a will.  This is not made up.  It will linger in my mind until it comes up one day in a client meeting or seminar.  Plan for the worse case scenario.  You'll be thankful.  Apparently dogs don't just eat homework, but Last Wills & Testaments as well.

Remember, this blog generates ideas and conversations.  It is meant to be educational, and should not be taken as legal advice.  Please consult an attorney in your state of residence for legal advice specific to your situation. Thanks for reading. 

Keeping An Estate Plan Organized During Chaotic Times

Keeping An Estate Plan Organized During Chaotic Times
By Attorney Melinda Gustafson Gervasi
June 4, 2020

Estate planning to me is planning for three things: illness, death and taxes.  Not all estate plans look alike, but all should address these issues.  Your documents might include powers of attorney, beneficiary forms, authorization for burial, a will, and sometimes a trust.  But an estate plan goes beyond paperwork. Estate planning is the act of taking control. 

Control includes saying who will do what, and where assets will go. However, control extends beyond putting your wishes in a legal binding format. It includes controlling your paperwork.  What good is an estate plan if it cannot be found when it is needed?  If a sudden illness or death happened tomorrow, would your loved ones know where to find your documents?

A simple 3-ring binder clearly marked may serve you well.  Include subject dividers, but instead of saying math, science, and history, they would say:

• Powers of Attorney
• End-of-Life wishes
• Beneficiary Forms for your retirement, insurances, and or investments
• Will and or Trust
• Deed to your real estate
• Car Title(s)
• Phone numbers and emails of key people in your life: family members, primary care doctor; accountant; pet sitter; nanny; etc. 
• Copy of your most recent holiday card mailing address list
• Pre-written obituary or bullet points on key points
• List of recurring bills on autopay

Kindergarten Chaos After Teddy Bear Sleepover

Thank you for reading this educational piece.  Please do not take it for legal advice, as everyone’s situation is unique.

What I've Been Reading: Bye-Bye Toys: A story about giving

What I've Been Reading -- Bye-Bye Toys: A story about giving by Anisha Mack Blumenberg. Melinda Gustafson Gervasi
May 2020

Are you a parent of young children?  Do you tuck a child in a night hoping to leave the room without stubbing your toe or twisting an ankle on the cascade of toys, books, and trinkets falling off of bookshelves onto the floor?  If so, you are not alone.  I'm prominently raising my hand as part of this group. 

For many the Pandemic of 2020 has given them plenty of time to sort, organize and purge items from every corner of their home.  While I love this idea, copious amounts of free time allude me for now.  But here and there, I purge.  A little one day, more the next.  Purging my own items is easy, I do not have attachments to a lot of stuff (books are my exception).  When it comes to my kids, it's a different story.

Me asking a child: "Look at this toy dinosaur, ready to pass this along to a littler kid?", and all of a sudden my child drops what s/he was doing, scoops up the toy and says "oh, I forgot about you Dino!  No, we can't give this away!!!!"   I've found that instead of saying "let's give this shirt away" the question "shall we give this shirt to William?" is more than likely met with concurrence by my child.  Passing on an item to a friend, or a specific organization focused on helping children helps them say good-bye to a long forgotten toy or outgrown clothing item.

For those with really little kids, you may enjoy reading Bye-Bye Toys: A story about giving written by Anisha Mack Blumenberg (who is also a Wisconsinite).  It is a very simple book you can read with a child to nudge them towards giving items to a new baby.  I'll admit the giving away for a teddy bear made both my kids and myself quiver a bit - stuffies for them are more than toys, and we'll hold on to them until my children are old enough to firmly say good-bye.  That might not be until High School or College. 

Best of luck. And may you not step on too many stray Legos in your quest to purge children's toys.