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Pocket Peace of Mind: Estate Planning and Probate Lessons from Rome's Pickpockets to Today's Tech Scams By Melinda Gustafson Gervasi May 16, 2025 Streets of Rome, Italy. Image by M. Gustafson Gervasi Taking in the sites of Rome, Italy this past winter break, our itinerary read like the list of “Top 10 places for Pickpockets in Rome”: Roma Termini Train Station; the Colosseum; Trevi Fountain; the Vatican Museum; and Bus #64.  Yet, we felt prepared and did not experience the dreaded missing wallet or phone while traveling.  I read up about common pickpocket techniques in advance, purchased of a Baggallini anti-theft purse, and prepared a few responses to unsolicited offers of help (a common ploy thieves use to distract you abroad).  The trip was a success: we enjoyed the sites and returned to the States with our wallets, phones and passports!  Keep this story in mind as your life kicks into the high-gear of summer living. Yes, your life is about to get busy.  From...

Beyond the Myths: 3 Steps to Understanding Estate Planning Law  By Melinda Gustafson Gervasi May 9, 2025 "Pffhhhh, still saying this....? "  I asked to myself as my eyes fell upon the sign posted in a local store.  "No, that’s not quite right" , I muttered to myself.  The victim does not have the legal authority to prosecute shoplifters; that power lies with the District Attorney.  A victim can report a crime to the police, provide evidence (video surveillance for example), and express their preference.  But the ultimate decision to prosecute is for the District Attorney to make.  Over and over my legally trained eyes see half-truths and myths hovering over our understanding of the judicial system.  Even in my area of focus, estate planning and probate, the general public's knowledge is usually not quite accurate when it comes to the law. The most common example I see relates to power of attorney.  “I need to hire an attorney.  My mom di...

Ensuring Smooth Transitions: Gene Hackman's Will Teaches Us the The Importance of Survivorship Clauses By Melinda Gustafson Gervasi May 2, 2025 “Alright, and then on page six of your will you will see the section called ‘Survivorship’ – this means that a person can outlive you, but not survive you long enough to inherit.  For example, if there is a car accident and you die at the scene and your spouse dies two weeks later, she did not survive you by 90 days (the time frame noted here in the will), so the will treats her as though she predeceased you and your assets will go to the contingency you named.”  Weekly, as I educated my estate planning clients on the basic mechanics of a will, I offer these comments.  In recent weeks I have started to point out that they may have heard about the Survivorship concept because the will of Actor Gene Hackman apparently did not have a survivorship clause. Meaning his share of their combined estate will likely be distributed according ...

Decluttering for Peace of Mind: An Earth Day and Estate Planning Perspective By Melinda Gustafson Gervasi April 22, 2025 Once again a gentle Spring rain greeted my teenagers as they silenced the alarms on their phones and started their day - Earth Day 2025.  Year round they bike to school; studded tires make a Wisconsin winter bike commute a possibility.  Now that the snow is behind us (we hope) its the wet days that spur them to ask for a ride instead.  I said no, not today, and sent them on their way.  And then I zipped up my rain coat, laced up my tennis shoes, and walked to the office in the rain.   Morning walk - the sun arrives My 30 minute walk gave me time to think about all the clients I have helped over nearly 20 years of practicing estate planning and probate.  Many put a huge amount of energy in writing documents, making sure they are stored correctly, and leaving written instructions.  The one area that seems to be neglected by many i...

National Healthcare Decision Day - What to Know By Melinda Gustafson Gervasi April 11, 2025 “ Brain, brain, what is brain ” quipped my almost 15 year old daughter as we wove our way through information tables at the recent UW Carbone Cancer Center Open House .  Among the display tables, all featuring interesting swag, one table offered rubber gloves and the chance to pick up a human brain.  She quoted an episode from her beloved Star Trek (she is very much her father’s daughter in terms of Sci Fi preferences), and then quickly exited the area.  I on the other hand had a few questions for the eager medical students armed with knowledge and props.  As an estate planning and probate attorney, I routinely discuss organ donation with my clients as they complete a power of attorney for health care.  When we think about “donating my body to science” we likely do not think about the role actual human organs play in community outreach!  Now I have a new perspective...

4 Steps for Pet Lovers to Include in an Estate Plan By Melinda Gustafson Gervasi April 4, 2025 Her name was Kiki, and she was a full-of-life 5 year old cat who all of a sudden found herself in need of a new home.  When her human companion suffered a sudden and severe illness, it became clear that under no circumstances would they be able to continue sharing the downtown condo they had called home.  Like countless other animals, Kiki's path was uncertain – now what?   It was the promise of a dear family friend that secured Kiki secured a new family.  And that family is my own. Kiki's sudden need for a second family is not unique, and is one I routinely discuss with clients.  Now aged 18, she remains full of sass and demands her breakfast and dinner with the precision of a Swiss train.  When assisting people in drafting powers of attorneys, wills, and trusts – I routinely ask them “what if questions”.  And more often than not I hear “Oh, I hadn't th...

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...