Navigator

 Planning for the Unexpected By Melinda Gustafson Gervasi November 2020 Earlier this week I was reading my Google News Feed when an article caught my attention.  My heart broke reading every word of a story about a young mother who died due to complications from a pregnancy.  She left behind a large family with very young children who now relied solely on their father for support.  One sentence jumped out for me, causing my head to tilt to one side -- a habit I have when I come across a piece of information that seems "off".  The sentenced went something like this -- "because her death was unexpected there was no life insurance in place." I believe the true take-away from the story of this mother who died far too young is that we all need to plan for the unexpected.  That belief is the cornerstone of my estate planning practice.  Life happens, it twists, turns, and bucks like a rodeo horse.  Creating an estate plan (a will, powers of attorney, etc...

  Control: An Acrostic Poem By Melinda Gustafson Gervasi November 5, 2020 Not only are my children expanding their knowledge though the Madison Metropolitan School District's virtual learning this year, their daily recounts of classroom activities sparks many a memory for me.  Most recently the topic was poetry, specifically 5th graders studying Acrostic Poetry .  This writing style takes a word, such as November, and uses each letter to describe November.  My elementary school days ended in the early 1980s, however, my creative spirit survived my legal education.  Here is my attempt at an acrostic poem, for CONTROL, a concept at the heart of estate planning.  C reate documents that take effect O n your death N o uncertainties left T ake no chances R ecord your wishes O utlined on paper in a L egally binding manner Death and taxes are two certainties of our lives.  Why take chances when you can take control.  Estate planning may be a fancy soundin...

 "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...

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 f...

 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...

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 m...

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 a...