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The Missing Piece in Your Estate Planning Toolkit: Powers of Attorney By Melinda Gustafson Gervasi April 20, 2026 We all like to think we’re in control, but what happens when you’re suddenly not? Whether it’s an unexpected medical emergency or a simple accident, there's one type document that can make the difference between a smooth transition and a legal nightmare. Surprisingly, nearly 90% of American adults are missing it according to the most recent report by trust & will . This Monday, we’re talking about the documents you should not live without: the Power of Attorney. MarketWatch's article highlights a significant gap in Americans' estate planning -- only 1 in 10 Americans have a power of attorney in place. If you are one of the many without this key document, here are 5 things to know: A power of attorney comes in to play if you are alive, but unable to act due to illness or an accident. A will only says who is in charge if you have died; There are two types of p...

Monday Musings: Probate is a Marathon, Not a Sprint By Melinda Gustafson Gervasi April 13, 2026 Happy Monday, readers.  Spring has arrived!  For my family that means at least one night a week you will find me in the bleachers of a local high school, cheering on track and field athletes.  My own kids are out there, where they tackle long-distance track events.  Watching them has given me a fresh perspective on my work in probate. In a sprint, it’s all about explosive energy and immediate results. But probate? Probate is the 3200-meter run. It requires pacing, endurance, and a refusal to give up even if you are getting lapped.  If you have recently been appointed as an Executor (or as we say here in Wisconsin, Personal Representative), you might feel the urge to sprint to the finish line. My advice? Find your stride first. Here are three things to do in "Lap One" to ensure you do not crash and burn before the finish: 1. Survey the Track (Secure the Tangibles) Befo...

Legal Lessons from the Page: John Grisham’s "The Widow" and Finding the Right Advocate By Melinda Gustafson Gervasi April 6, 2026 If there is one thing John Grisham knows how to do, it is placing ordinary people in extraordinary legal peril. In his latest work, The Widow , we are once again reminded that the legal world can be a maze of high stakes, hidden motives, and complex paperwork. Without giving away the plot, the story follows the aftermath of a sudden death and a search for justice—and the truth—in a system that does not always make it easy. For most of us, our lives do not have elements of international legal thrillers. However, a core principle of this book resonates deeply with what I do every day. And that is the importance of having a trusted advocate in your corner when you prepare an estate plan.  For Grisham's latest book, an elderly women seeks out an attorney she can trust. That is not always an easy thing to asses or find.  It is my opinion that you d...

And the Oscar for Best Estate Plan Goes To… By Melinda Gustafson Gervasi March 13, 2026 During law school, immediately after completing a final exam, I went to the movies.  What was playing did not matter as much as the fact the movie allowed me to step out of my life and fall into another reality for 2 hours.  It was an effective way to close the door on worrying about exam questions, and move myself along to a calmer mental state.  However, while we often go to the movies to escape reality, sometimes those films hold a mirror up to reality.  This concept is apparent in several of the films nominated for Best Picture at the upcoming 98th Academy Awards . The nominees are actually masterclasses in the "human" side of the law. Recently I have resurrected my personal goal of watching all ten films nominated for Best Picture.  So far I have crossed six off the list of ten.  Three of them stood out to my estate planning and probate attorney eyes.  This yea...

Why Your AI-Drafted Will Might Be Nothing More Than "Words on Paper" By Melinda Gustafson Gervasi March 2, 2026 I get it.  Inflation continues to nip at our heels.  Housing, college, insurance, food – they all feel so much more expensive than the past.  So we turn to cost saving measures.  Sometimes we postpone spending – my own family has decided we have no immediate need to pull out our passports for travel.  One day we’ll pack our suitcases and explore a new country, but not this summer.  Other times we eliminate an expense.  Like many Americans, in my household we have turned off some streaming services, freeing up space in our monthly budget.  And then there is the quest to get something for free.  Who else out there uses a Buy Nothing Group?  I’ve have great luck finding items my teenagers have needed from group projects (think having to dress up as historical figures).  But, is it really free? The 1970s gave us shag carpeting...

The Sentimentality Trap: Why "Death Cleaning" is the Best Gift for Your Executor By Melinda Gustafson Gervasi February 23, 2026 In previous posts, we have discussed döstädning—the "gentle art of Swedish Death Cleaning ." I is the practice of organizing and paring down your life’s "stuff" now so that your children or other heirs are not left to do it while they are grieving.  While it my be easy to toss an old toaster, it is much harder to part with your father’s collection of vintage maps or your grandmother’s (slightly chipped) dishes. A recent New York Times piece, "Letting Go of Sentimental Objects Is Hard," offers some useful psychological tools that may help you push past the mental roadblock and actually clear out some clutter this Spring.   To "soften" this process, consider the following: "Use it or Lose it" Rule: The Times suggests keeping only what you can use daily. If the item is tucked away in a back closet and ...

From My Madison Living Room to the Boardroom: The Seahawks, Super Bowl 60, and Estate Planning By Melinda Gustafson Gervasi February 13, 2026 Superbowl 60 is now in the books, and the Seattle Seahawks were crowned World Champions.  Even though I live deep in Green Bay Packer Country (our home is in Madison, Wisconsin), we follow the Seahawks religiously because my oldest child has been a huge fan since his elementary school years.  As parents we’ve made it a goal to support our children to follow their own path rather than follow the pack.  Which is why this past Sunday the lower level of our house was full with his teenage buddies, cheering the Seahawks on their path to victory. With the game behind us, news of the Seahawks has taken another, expected turn.  We’ve all seen the headlines: “Jody Allen to sell the Seahawks to honor her late brother, Paul Allen.” It’s a touching sentiment. It paints a picture of a grieving sister making a personal choice to carry out a ...