Posts

Financial Elder Abuse: What is It and What to Look For

Image
Financial Elder Abuse: What is It and What to Look For By Melinda Gustafson Gervasi March 14, 2025 Waiting for the A line on the BRT Once a month I bus to downtown Madison, WI for a Legal Association for Women luncheon.  Over a lovely meal at Copper’s Tavern the group listens to a guest speaker, fulfilling our requirement to complete 30 hours of continued legal education every two years.  I enjoy my Sweet Corn Salad with Chicken (yes, I get the same meal every month) while a speaker expands my knowledge on subjects outside my area of focus.  This past week the speaker was preaching to the choir; as an estate planning and probate attorney I have a front row seat to the growing concerns related to elder financial abuse.   What is elder financial abuse? It involves the illegal or improper use of an older adult's funds, property, or assets. It can range from simple theft to complex schemes involving power of attorney. A power of attorney is a legal document that g...

And The Academy Award Goes To…..Estate Planning Nightmares

Image
And The Academy Award Goes To…..Estate Planning Nightmares By Melinda Gustafson Gervasi March 7, 2025 Sunday dinner was prepared far earlier than normal, a fact that did not slip passed my always hungry teenagers.  March 2nd marked the 97th annual Academy Awards , and even though I had not watched a single nominated film this year, I was determined to keep my tradition of watching the big show.  Dinner was ready early, and I settled into my favorite chair by 6pm to enjoy the glitz and glamour of Hollywood.   Brush with a Start: Author (Melinda) with LeVar Burton and her spouse, a huge Star Trek Fan  Unlike prior years, the crop of films being recognized this year do not appear to delve into the nitty gritty complexity of family tensions in estate planning. However, several Oscar winning films of the recent past do just that – reflecting the real-life complexities of families and inheritances.  Family tensions, long-buried resentments, and unexpected inherit...

What Exactly Is An Estate Plan?

Image
What Exactly Is An Estate Plan? By Melinda Gustafson Gervasi February 28, 2025  Crown - Copenhagen, Denmark, Image by M. Gustafson Gervasi “So, what exactly is an estate plan, and do I need one?” asked the client seated across from me earlier this week.  “Um, my life is really pretty simple…do you think I need something like that?” they added. My response was a simple “Yes” . To me an estate plan means preparing for illness, death, and taxes. It may not look like the estate plan used by the rich and famous, but it will address preparing for illness and death” Here are common types of documents that make up an estate plan: Power of Attorney for Finances is a document that allows another person to handle financial tasks and decisions, such as banking, taxes, real estate, legal actions, and professional assistance if you are alive but too sick to act. Power of Attorney for Health Care – is a document that gives someone else the power to make health care decisions for you if you ...

What I’ve Been Reading: Let’s Talk About Aging Parents: a real-life guide to solving problems with 27 essential conversations by Laura Tamblyn Watts

Image
What I’ve Been Reading: Let’s Talk About Aging Parents: a real-life guide to solving problems with 27 essential conversations by Laura Tamblyn Watts February 18, 2025 By Melinda Gustafson Gervasi “Ahhhh, Mom….why are you reading a book about aging parents?” asked my observant 14 year old.  With her head tilted just so she added “....um you know we don’t have grandparents, right, you “k”?”  Rather than be frustrated with my teenager for pointing out the obvious and conveying with her eyes a concern about my possible dementia, I classified the moment as one in which my child’s maturity is starting to deepen.  The simple “k” being her way of saying “mom, are you doing okay?”  Smiling, I reminded her that I often read books for work to find ones my clients might enjoy.  Well aware that we have no “aging parents” on either branch of our family tree, I still picked up a copy of Let’s Talk About Aging Parents: a real-life guide to solving problems with 27 essential c...

Embrace A Low-Tech Foundation For Your Estate Plan

Image
Embrace  A Low-Tech Foundation For Your Estate Plan By Melinda Gustafson Gervasi February 7, 2025 Geroges -- everyone paid attention! “Rome is a lasagna,” said Georges, our tour guide for Palatine Hill, the Forum, and The Colosseum, “we have built layer upon layer.” Spry and a fountain of information on Roman history, Georges filled my brain not only with basic facts about Rome, but he planted a seed in my mind to reinforce the importance of a quality foundation in my verbal and written work as an estate planning and probate attorney.   Roman Holiday For just about twenty years I have spent my working days counseling on the ins and outs of estate planning and probate.  As a result of my work in this often gloomy area of life, I know that tomorrow is never guaranteed.  Rather than wait until my retirement years to travel, I work travel in whenever our schedules and budgets allow.  That is why this past December, Santa pulled out the passports and delivered ...

Looking for A Solid Estate Plan? Who You Appoint is Key

Image
 Looking for A Solid Estate Plan?  Who You Appoint is Key By Melinda Gustafson Gervasi January 30, 2025 As I approach my 20th anniversary of operating an estate planning and probate practice I find my mind cataloging lessons I have learned along this journey.  There is the flippant quip that the word deceased is typed entirely with my left hand.  Interesting, but not of much value in terms of passing along wisdom. Which brings me to today’s blog post.  Without doubt, a primary motivator for my clients creating or updating an estate plan is to have things in order so that their death is as easy as possible on their loved ones.  Just this week a client asked for my opinion on a decision, stating “I’ve never died before, so this is all new to me….what do you think?”  Well, I have not died before either, but for two decades I have paired my estate planning work with a practice administering probates and trusts.  My take-away has been that far more tha...

Don't Let Frugality Complicate Your Estate

Image
Don't Let Frugality Complicate Your Estate By Melinda Gustafson Gervasi January 21, 2025 It's waiting for that lazy morning when I have time to bake..... A piece of satire from our neighbors to the North recently popped up in my social media feed.  Woman with freezer full of overripe bananas dies never having made banana bread – the algorithm decided this 2017 piece from The Beaverton (Canada’s version of The Onion) should rise to the top of digital articles waiting for my eyes.  So yes, the algorithm nailed it.  In my professional world I tend to read about end of life regrets and assorted issues; I’ve been practicing estate planning and probate law for 20 years.  And in my personal life, I have a freezer full of ripe bananas waiting for the one lazy morning when I have time to bake. Show of hands – who else stashes useful items away for the proverbial rainy day.  Bananas in the freezer?  Check.  Twist ties from the bread bag in the kitchen drawer?...