The Death Readiness Podcast: Not your dad’s estate planning podcast

Hiring an estate planning attorney shouldn’t require you to figure out your estate plan before you walk through the door. You don’t need to know whether you need a Will or a trust. You don’t need to have every fiduciary selected or every beneficiary designation figured out. And you definitely don’t need to know what provisions should go into your documents. That’s part of what you’re hiring an attorney to help you determine. In this episode, Jill takes you behind the scenes of the estate planning process and explains three things you should understand before hiring an estate planning attorney: scope, cost, and process. She also walks through her own estate planning process, from the first conversation through drafting, document review, signing, implementation, and an optional Family Estate Planning Meeting—so you know what questions to ask when choosing an attorney and what a thoughtful estate planning process can look like. What You’ll Learn in This Episode The three things to understand before hiring an estate planning attorney: scope, cost, and process. What “scope of representation” actually means. Before focusing only on the price, understand exactly what the attorney has agreed to do. Does the fee include a Will or trust? Powers of attorney? Revisions? Signing? Trust funding? Beneficiary designation assistance? What to ask about legal fees. Whether an attorney charges hourly, a flat fee, or some combination, you should understand how you’ll be charged, what is included, and when additional fees might apply. Why process matters almost as much as the documents. Ask what happens after you hire the attorney. How many meetings will you have? When will you receive drafts? Will the attorney explain them? Can you request changes? What happens after signing? Why you don’t need to arrive with all the answers. You don’t need to know whether you need a revocable trust or exactly what should happen in every possible scenario. Bring information about your family, assets, concerns, and goals. Your estate planning attorney can help you work through the legal solutions. What actually goes into drafting an estate plan. Jill explains why she doesn’t start every Will with a blank Word document and how forms developed, used, and revised over approximately 14 years of practice provide a vetted foundation that can then be customized for each client’s circumstances. Why understanding your documents matters. Receiving a stack of legal documents shouldn’t be the end goal. Jill explains how she reviews documents with clients so they understand what happens at death, who is in charge, what authority they’re giving someone under a power of attorney, and how any trusts will work. Why signing doesn’t necessarily mean you’re finished. An estate plan may also require changes to asset ownership, beneficiary designations, or trust funding. Beautifully drafted documents may not accomplish what you intended if the implementation is never completed. How much should your adult children know? Jill introduces her optional Family Estate Planning Meeting for estate planning clients, which can help adult children understand the big picture of their parents’ plan, where to find important information, who is in charge, and which professionals to contact, without requiring parents to disclose financial information they want to keep private. Remember that you’re evaluating the attorney, too. Do you feel comfortable asking questions? Does the attorney explain things in a way you understand? Do you know what you’re paying for and what happens next? Do you feel heard? Choosing an estate planning attorney is a two-way decision. Resources & Links Watch this episode on YouTube: https://youtu.be/bwP_SrhrLJs Tennessee estate planning services: https://www.deathreadiness.com/estate-planning-solution Start the estate planning process: https://www.deathreadiness.com/get-the-estate-planning-solution Connect with Jill: · Website: DeathReadiness.com · Email: jill@deathreadiness.com · Learn more about Jill’s solutions · Subscribe to the Death Readiness Dispatch! · Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

Your parenting plan may require you to maintain life insurance for your children. But does your beneficiary designation actually accomplish what the court order requires? In this episode of The Death Readiness Podcast , Jill looks at a life insurance provision in Tennessee’s form parenting plan and walks through what happens when you try to translate those instructions onto an actual life insurance beneficiary form. She explains why naming a minor child directly can create problems, the difference between a custodian and a trustee, and how thoughtful estate planning can help make sure the parenting plan, life insurance policy, and estate planning documents all work together. Having the life insurance policy is only part of the plan. The money also needs a clear path to the people you intended to protect. What You’ll Learn in This Episode Why divorce should trigger an estate plan review. If your parenting plan or divorce agreement requires you or your former spouse to maintain life insurance, that requirement needs to be considered alongside your estate planning documents and beneficiary designations. Why a court order may not tell you everything you need to know. Tennessee’s form parenting plan can require a child to be named as the beneficiary of life insurance with an adult serving as “trustee,” but that language may be surprisingly difficult to translate onto an insurance company’s beneficiary designation form. What can happen when you name a minor directly. A life insurance company may not be able to simply hand a large death benefit to a child. Depending on the circumstances, payment could be delayed while a court appoints a guardian to manage the child’s assets. The difference between a custodian and a trustee. A custodian under the Uniform Transfers to Minors Act, or UTMA, can manage property for a minor without a separately drafted trust. But a custodian and a trustee are not the same thing, and that distinction matters when you’re also trying to comply with a court order. Why UTMA can be useful but may not be the ideal long-term solution. UTMA can provide a relatively simple way for an adult to manage money for a child, but the child eventually receives control of the property at the age specified by state law, usually age 21. That may not be what you want for a significant life insurance benefit. Why simply selecting “trust” on a beneficiary form may not solve the problem. If the insurance company asks for the trust’s name, date, and other identifying information, you need an actual trust, not simply language in a parenting plan referring to someone as a trustee. How a trust created under a Will can provide the missing instructions. A properly drafted Will can create a trust that identifies who manages the life insurance proceeds, what the money can be used for, how long the trust lasts, what happens to money that remains, and who steps in if the original trustee cannot serve. Why the beneficiary designation cannot be considered in isolation. The goal is for the parenting plan, estate planning documents, and life insurance beneficiary designation to all tell the same story. Why state law matters. In the Tennessee example discussed in the episode, Jill explains how she may coordinate the beneficiary designation with a trust created under the Will. But the treatment of life insurance proceeds is state-specific, so this is not a strategy to adopt without first considering the law where you live. Resources & Links Watch this episode on YouTube: https://youtu.be/vmCCII-x5AU Tennessee Permanent Parenting Plan Order. Review the Tennessee form discussed in this episode, including the life insurance provision in Part III, Section E. https://circuitclerk.nashville.gov/forms-permanent-parenting-plan/ Estate Planning After Divorce. Listen to Jill’s earlier episode about estate planning changes to consider after a divorce. Episode 49: How to Keep Your Ex Out of Your Estate Plan: https://www.deathreadiness.com/podcast/49 Revocable Trusts. Listen to Jill’s episode explaining what revocable trusts do, when they can be useful, and why having one doesn’t automatically mean your estate will avoid probate. Episode 19: Why You Need (or Don’t Need) a Trust: https://www.deathreadiness.com/podcast/episode-19-how-to-know-if-you-need-a-trust Sample Children’s Trust Language. Download the sample language discussed in this episode showing how Jill would draft a trust under a Will to coordinate with a parenting plan’s life insurance requirement. https://drive.google.com/file/d/16WSPUWRc4T1tFEgRUAP13LWPaGHYqRm_/view?usp=drivesdk Work With Jill. If you live in Tennessee and want to make sure your estate planning documents, beneficiary designations, and other pieces of your plan actually work together, learn more at https://www.deathreadiness.com/estate-planning-solution Connect with Jill: · Website: DeathReadiness.com · Email: jill@deathreadiness.com · Learn more about Jill’s solutions · Subscribe to the Death Readiness Dispatch! · Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

What actually happens after a professional trustee takes over a trust and a beneficiary asks for money? In this episode, Jill sits down with longtime friend and trust advisor Alex Fisher for a behind-the-scenes look at how professional trustees actually do the job. They walk through how distribution requests are evaluated, what happens when the answer is no, and why naming the “responsible child” as trustee may come with costs parents don't always consider. They also discuss what professional trustees look for before agreeing to serve, why flexibility matters when drafting a long-term trust, and how an estate plan can adapt when the family, the assets, or the world looks very different decades from now. What You’ll Learn in this Episode What a professional trustee actually does. Alex explains the different roles a trust advisor may play, from working with families on estate planning issues to administering long-term trusts and serving as executor or trustee after someone dies. What happens when a beneficiary asks for money. A request for tuition, a car, medical expenses, or home improvements isn't necessarily answered with a simple yes or no. The trustee may review invoices or estimates, the terms of the trust, its investments, previous distributions, and how long the trust is intended to last before making a decision. Why having discretion doesn't automatically mean making the distribution. A trustee has to consider not only whether the trust permits a distribution, but whether making it is consistent with the beneficiary's interests, the purpose of the trust, and its long-term financial health. How professional trustees make difficult decisions. Alex describes taking distribution requests to a trust committee and how she prepares beneficiaries when she thinks a request might not be approved. Why saying “no” can be easier for a professional trustee. When a sibling serves as trustee, a denied request can become personal. A professional trustee can make the same decision without years of family history entering the equation. The hidden cost of naming the “responsible child.” Your daughter may be willing to serve as trustee without charging a fee, but that doesn't make the job free. Serving can take significant time away from a career, family, sleep, exercise, and everything else that was already competing for that child's attention. It can also create an emotional cost when the trustee has to make unpopular decisions involving siblings. Why a professional trustee and family member can sometimes work together. A co-trustee arrangement may combine professional expertise with the knowledge and personal perspective of someone who knows the family well. Naming a professional trustee doesn't necessarily mean they'll agree to serve. The institution may review the trust, the family circumstances, and the assets before accepting the appointment. That's one reason it can be helpful to talk with a potential professional trustee while you're creating your estate plan rather than assuming they'll step in later. Not every trustee is equipped to manage every asset. Stocks and bonds may be relatively straightforward, while real estate, mineral interests, farmland, and other specialized or illiquid assets can require additional expertise and resources. Why your trust needs room for life to change. A beloved lake house may be the center of family life today. Decades from now, family members may live across the country, insurance may become prohibitively expensive, or the property may no longer serve the purpose you intended. Trust language that is too restrictive can leave a future trustee seeking court approval, and incurring significant expense, to solve a problem you never anticipated. What really matters when choosing a trustee. Technical expertise matters, but so do judgment, empathy, communication, and the ability to make difficult decisions while remembering that there are real people affected by them. Resources & Links Alex Fisher Trust Advisor, Regions Bank Alex shares her perspective and experiences in this episode in her personal capacity and is not speaking on behalf of Regions Bank. Phone: 615.365.5281 Alexandria.fisher@regions.com www.linkedin.com/in/alexandria-s-fisher Watch on YouTube: https://youtu.be/rNnZAZUNibU Related Death Readiness Podcast Episodes Episode 83: What You Should Know Before Naming a Corporate Trustee: https://www.deathreadiness.com/podcast/83 Episode 49: How to Keep Your Ex Out of Your Estate Plan: https://www.deathreadiness.com/podcast/49 Episode 7: What it Takes to Raise a Child with Special Needs: https://www.deathreadiness.com/podcast/what-it-takes-to-raise-a-child-with-special-needs Episode 8: A Parents’ Guide to Special Needs Estate Planning: https://www.deathreadiness.com/podcast/a-parents-guide-to-special-needs-estate-planning Episode 9: How to Choose the Right Special Needs Estate Planning Team: https://www.deathreadiness.com/podcast/how-to-choose-the-right-special-needs-estate-planning-team Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

You created a revocable trust to avoid probate. So why did your attorney also give you a Will? That Will is a pour-over Will, designed to catch assets that are still in your individual name when you die and direct them into your trust. But there’s an important catch: those assets have to go through probate first. In this episode, Jill explains how pour-over Wills actually work, why creating a trust and funding a trust are two very different things, and how the way you own each individual asset determines whether it will avoid probate. The takeaway? If avoiding probate is your goal, don’t just ask, “Do I have a trust?” Ask, “What happens to each of my assets when I die?” What You’ll Learn in This Episode Why you may still need a Will even if you have a revocable trust. A pour-over Will acts as a backup for probate assets that never made it into your trust. Why a pour-over Will doesn’t avoid probate. It can direct an asset into your trust, but the asset first needs to pass through the probate process. The difference between creating and funding a trust. Signing a trust agreement creates the legal structure. Funding the trust means actually transferring assets into that structure. How a bank account can avoid probate. Depending on your circumstances and goals, you might retitle an account into your revocable trust or name the trust as a payable-on-death or transfer-on-death beneficiary. Why those options aren’t necessarily interchangeable. Having an account owned by your trust during your lifetime may make it easier for a successor trustee to manage it if you become incapacitated. A payable-on-death designation doesn’t take effect until death. What makes something a probate asset. An asset owned in your individual name at death with no surviving joint owner, beneficiary designation, POD/TOD designation, or other built-in method of transfer is a probate asset that needs probate to reach its next owner. Why I think of probate as a bridge. Probate gets an asset from its deceased owner to its next owner. Your pour-over Will can tell us where the asset should go after it crosses that bridge, but it doesn’t eliminate the bridge. Why one forgotten asset doesn’t necessarily mean your trust plan failed. A pour-over Will exists because financial lives change. You may open a new account, switch banks, or simply overlook something after creating and funding your trust. What could happen without a pour-over Will. If an asset is subject to probate and you don’t have a Will directing it into your trust, your state’s intestacy laws determine who receives it. The question to ask about every asset you own: What happens to this asset when I die? Resources & Links Watch this episode on YouTube: https://youtu.be/oeXWOkYpjoQ Tennessee estate planning services: https://www.deathreadiness.com/estate-planning-solution Episode 19: Why You Need or Don’t Need a Trust: https://www.deathreadiness.com/podcast/episode-19-how-to-know-if-you-need-a-trust Probate Infographic: https://www.deathreadiness.com/probate-infographic Episode 38: Why You Need or Don’t Need a Will: https://www.deathreadiness.com/podcast/why-you-need-or-dont-need-a-will Financial Power of Attorney podcasts : Episode 17: How Powers of Attorney Work, When to Use Them, and When It’s Too Late to Get One: https://www.deathreadiness.com/podcast/episode-17-how-powers-of-attorney-work-when-to-use-them-and-when-its-too-late-to-get-one Episode 68: Why Good Powers of Attorney Still Fail: https://www.deathreadiness.com/podcast/68 Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

What You’ll Learn in This Episode What really changes when your child turns 18. Being Mom or Dad no longer necessarily means you’re entitled to healthcare information or automatically have authority to make medical decisions. Why a HIPAA authorization matters. Once your child is an adult, their medical information belongs to them, even if they’re still on your health insurance and you’re paying the bills. A HIPAA authorization lets them decide who can receive that information. What a healthcare power of attorney actually does. Access to information and authority to make decisions are two different things. A healthcare POA lets your adult child choose who can make healthcare decisions if they’re unable to make those decisions themselves. Why naming an agent isn’t enough. Your child can give you authority to make a decision but would you know what they wanted you to decide? How a healthcare advance directive helps. An advance directive allows your child to document wishes involving serious illness and end-of-life care, including preferences about quality of life and treatments such as CPR, life support, and tube feeding. The conversation to have with your 18-year-old. Instead of saying, “Sign these so I can still help you,” start with whom they trust. And consider going first by sharing the decisions you’ve made in your own healthcare documents. What to consider when your child goes to college out of state. State laws vary, so consider whether completing forms for the state where your child attends school could make things easier for healthcare providers in an emergency. What happens if there’s no healthcare power of attorney. Some states have backup rules. In Tennessee, for example, a healthcare provider may have to identify a surrogate—and potentially sort through competing family relationships and opinions in the process. Why this is really about autonomy, not parental control. Turning 18 gives your child an opportunity to decide who receives their healthcare information, who speaks for them, and what that person should know about their wishes. Resources & Links Watch this episode on YouTube: https://youtu.be/YEW3jlgLoW0 Episode 22: What Every Parent Needs to Know When Their Child Turns 18: https://www.deathreadiness.com/podcast/episode-22-what-every-parent-needs-to-know-when-their-child-turns-18 Episode 23: What Happens When a Pregnant Woman is Declared Brain Dead?: https://www.deathreadiness.com/podcast/episode-23-what-happens-when-a-pregnant-woman-is-declared-brain-dead Tennessee advance directive: https://www.tn.gov/content/dam/tn/hfc/documents/Advance_Directive_for_Health_Care.pdf State-specific healthcare forms: https://www.caringinfo.org/planning/advance-directives/by-state/ Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

You’ve seen the scene in movies: the family gathers in a lawyer’s office, the Will is dramatically read aloud, and everyone discovers who inherited what. Real life looks very different. In this episode, Jill Mastroianni explains what actually happens to a Will after someone dies, who receives a copy, why being an heir-at-law isn’t the same as being a beneficiary, and what it really means when a Will becomes “public record.” She also explains why reading someone’s Will may give you only part of the story of what happens to their assets after death. What You’ll Learn in this Episode Why there isn’t a formal “reading of the Will.” In real life, the Will is typically filed with the probate court and copies are mailed to beneficiaries and heirs-at-law. Why your Will doesn’t control everything you own. A Will controls probate assets, but assets with beneficiary designations or certain forms of ownership pass outside of the Will entirely. Why inheriting “everything” under a Will might not mean much. If most of someone’s assets pass through beneficiary, payable-on-death or transfer-on-death designations, very little may actually pass under the Will. What a probate asset is. Generally, a probate asset is an asset that does not automatically pass to someone else at death because of the way it is titled or because of a beneficiary designation. Why the original Will matters. In Tennessee, a missing original Will can create significant problems, including a presumption that the person destroyed the Will intending to revoke it. The difference between a beneficiary and an heir-at-law. A beneficiary inherits because the Will says they inherit. An heir-at-law is someone who would inherit under state law if there were no valid Will. What happens when probate begins. The attorney gathers information, prepares a petition, submits the Will to the probate court and asks the court to officially appoint the Executor. What Letters Testamentary actually do. Being named Executor in a Will does not automatically give someone authority to administer an estate. The court must appoint the Executor, who then receives documentation establishing that authority. How you might actually find out what a Will says. Instead of gathering in a lawyer’s conference room, you may simply receive an envelope containing a probate petition and a copy of the Will. What it means when a Will becomes public record. “Public” doesn’t mean the Will is broadcast to the world. It means someone may be able to obtain a copy from the probate court. Why Wills can be difficult to understand. Wills often contain precise legal language and standardized “boilerplate” provisions designed to address circumstances that may arise after death. Whether the estate’s assets become part of the public record. An inventory of probate assets may become part of the public court record if one is required and filed, but the requirement to file an inventory can sometimes be waived. Why communication matters while you’re alive. A Will is a legal document designed to accomplish legal objectives. It may not be the best place to explain your decisions, communicate your reasoning or leave one final message for the people you love. Resources and Links Watch this episode on YouTube: https://youtu.be/OM5nvNSixqQ How Assets Pass at Death Infographic Download the infographic referenced in this episode for a visual explanation of which assets are controlled by your Will and which pass outside of probate. https://www.deathreadiness.com/probate-infographic Episode 89: Why Your Original Will Matters More Than You Think Learn what can happen when your family can find a copy of your Will after your death but no one can locate the original. https://www.deathreadiness.com/podcast/89 Tennessee Estate Planning with Jill Mastroianni A Will is only one part of an estate plan. Jill works with Tennessee clients to consider how their Wills, beneficiary designations, asset ownership and other estate planning documents work together. https://www.deathreadiness.com/solutions Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

Should you add your child to your deed or bank account? It sounds like a simple way to avoid probate or make things easier if you need help later in life. But that estate planning shortcut can create risks you never intended, from exposing your home to your child's creditors to accidentally changing how your estate is distributed. In this episode, estate planning attorney Jill Mastroianni explains why the first question should never be, "What's the solution?" Instead, it should be, "What problem are you actually trying to solve?" Once you know the problem, you can choose the right estate planning tool. What You’ll Learn in This Episode Why adding your child to your deed or bank account can create unintended legal and financial risks The one question you should ask before making any estate planning decision When avoiding probate actually makes sense, and when it doesn't How revocable trusts help avoid probate while also planning for incapacity The advantages and limitations of ladybird or transfer-on-death (TOD) deeds in estate planning Why naming multiple TOD beneficiaries can produce surprising results How payable-on-death (POD) and transfer-on-death (TOD) bank account designations work Why your estate may still need liquid assets even if you've mostly avoided probate How financial powers of attorney differ from joint ownership in estate planning Why healthcare powers of attorney and advance directives are essential parts of a complete estate plan Resources & Links Watch this episode on YouTube: https://youtu.be/3tlGkQk1Sac Episode 19: Why You Need (or Don’t Need) a Trust: https://www.deathreadiness.com/podcast/episode-19-how-to-know-if-you-need-a-trust Episode 36: When Transfer-on-Death Deeds Promise to Avoid Probate but Create Chaos: https://www.deathreadiness.com/podcast/when-transferondeath-deeds-promise-to-avoid-probate-but-create-chaos Episode 68: Why Good Powers of Attorney Still Fail: https://www.deathreadiness.com/podcast/68 State-specific healthcare powers of attorney: https://www.caringinfo.org/planning/advance-directives/by-state/ Tennessee estate planning: https://www.deathreadiness.com/estate-planning-solution Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

Have you ever wondered whether a photocopy of your Will is enough? In this episode of The Death Readiness Podcast, estate planning attorney Jill Mastroianni explains why the answer is often no. You'll learn what happens when an original Will can't be found, why courts may presume it was intentionally destroyed, and how that one missing document can completely change who inherits an estate. Along the way, Jill shares two real court cases, including a Tennessee probate dispute that became a true crime story, and explains the practical steps you can take to protect your own estate plan. What You’ll Learn in This Episode Why an original signed Will matters more than a photocopy or PDF. The legal presumption that can arise when an original Will is missing. What it means to die intestate and how state law determines who inherits. The difference between probate and non-probate assets. Why simply signing your Will isn't enough—you also need to make sure someone knows where the original is. A Tennessee probate case involving a missing Will, murder allegations, and the state's slayer statute. Why probate litigation often begins with one powerful emotion: the belief that something wasn't fair. A real client story demonstrating how honoring a loved one's wishes sometimes means receiving less, not more. Resources & Links Watch this episode on YouTube: https://youtu.be/RIdWNpQemLQ Free Probate vs. Non-Probate Assets Infographic Download the infographic referenced in this episode to understand which assets pass under your Will and which transfer automatically outside of probate. https://www.deathreadiness.com/probate-infographic Need help with your Tennessee probate or estate plan? Visit https://www.deathreadiness.com/solutions Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

The biggest obstacle to estate planning isn't procrastination. It's confusion and overwhelm. In this episode, Jill shares why she changed the way she practices law, the surprising lesson a surgeon taught her about communication, and why helping clients understand their estate plan is just as important as drafting excellent legal documents. Through stories about a graphic designer, AI, a 90-year-old client, and even her own financial planner, Jill explores how great professionals not only know their subject, they know how to explain it. What You’ll Learn in This Episode Why confusion and overwhelm, not procrastination, keep many people from completing their estate plan. How Jill's approach to estate planning has evolved over the past 12 years. The importance of translating estate planning legal jargon into everyday language. Why AI is a valuable tool, but a poor substitute for professional judgment. How Jill uses AI in her own estate planning practice and podcast without letting it replace experience or critical thinking. The unexpected communication lesson Jill learned after thyroid cancer surgery. Why excellent estate planning documents aren't enough if clients don't understand what they're signing. Why Jill charges flat fees for estate planning and encourages clients to ask questions without watching the clock. The reminder that we're all experts at something and beginners at something else. Resources & Links Watch this episode on YouTube: https://youtu.be/1Ivqf4_izD4 Jill’s Estate Plan Audit: https://www.deathreadiness.com/audit Jill’s Tennessee Estate Planning Services: https://www.deathreadiness.com/estate-planning-solution Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

Losing someone you love is hard enough. Figuring out what to do next can feel overwhelming. In this episode, estate planning attorney Jill Mastroianni sits down with estate administration expert Mollie Lacher to discuss the practical realities of settling someone's affairs after death. From securing a vacant home and locating hidden assets to navigating customer service, digital accounts, and the responsibilities of serving as executor during probate, this conversation offers practical guidance for anyone facing the loss of a loved one or preparing to ease the administrative burden for their own family. What You’ll Learn in This Episode Why the first things you should do after a death probably aren't what you expect How to secure a vacant home and avoid costly insurance mistakes Why paying bills immediately isn't always the best first step How to gather financial information before making important decisions The “breadcrumb” clues that can help uncover forgotten assets Why estate planning documents alone don't tell the whole story How organized records can save your family countless hours of stress Strategies for talking with banks, utilities, and customer service representatives Why transferring utilities can become surprisingly complicated How to protect a loved one's digital accounts and avoid accidentally locking yourself out Steps to reduce the risk of identity theft after someone dies What it really means to serve as an executor Resources & Links Watch this episode on YouTube: https://youtu.be/AvkGEQNcMNY Learn more about Mollie Lacher and Sunny Care Services: https://sunnycareservices.com/ Mollie's course, What to Do After Losing a Loved One: https://sunnycareservices.thinkific.com/order?ct=e2fc8f07-c0fe-46b6-a9ee-5ad3b4302916 Set up your Google Inactive Account Manager: https://myaccount.google.com/inactive Add a Legacy Contact to your Apple Account: https://support.apple.com/en-us/102631 Add, change or remove your Legacy Contact on Facebook: https://www.facebook.com/help/1070665206293088?helpref=faq_content Listen to Jill's previous interview with Mollie Lacher, Episode 6: What to Know Before Choosing an Executor or Agreeing to Serve as One: https://www.deathreadiness.com/podcast/what-to-know-before-choosing-an-executor-or-agreeing-to-serve-as-one Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

If your children inherited a million dollars tomorrow, would you want them to receive a check—or a trusted guide? In this episode, Jill pulls back the curtain on her own family's estate plan and walks you through exactly what would happen if she and Jeremy died while their children were still young. Using their own Wills, life insurance beneficiary designations, and testamentary trusts as real-life examples, she translates complicated legal language into plain English so you can understand how trusts actually work—and why they aren't just for wealthy families. Along the way, Jill explains why she intentionally chose to leave her children's inheritance in trust, how trustees make financial decisions, and why thoughtful estate planning is really about giving your family guidance when you can no longer be there yourself. What You’ll Learn in This Episode Why trusts aren't just for wealthy families. What your Will actually does if you have minor children. Why the person raising your children isn't always the best person to manage their inheritance. How life insurance beneficiary designations work alongside your estate plan. Why naming your estate as a contingent beneficiary can be intentional. What probate looks like when a life insurance policy is payable to your estate. The difference between specific gifts and your residuary estate. How testamentary trusts are created through a Will. What a trustee actually does. What “HEMS” (Health, Education, Maintenance and Support) means in a trust. Why “sole and absolute discretion” gives trustees flexibility rather than confusion. What a “disinterested trustee” is and why one may be the best person to make major financial decisions. How trusts can help pay for extraordinary opportunities like: buying a first home, starting a business, professional education, and wedding expenses Why trusts are designed to help beneficiaries enjoy their inheritance, not simply preserve it. Resources & Links Watch this episode on YouTube: https://youtu.be/AVXdVUB6_eg Episode 19: Why You Need (or Don’t Need) a Trust: https://www.deathreadiness.com/podcast/episode-19-how-to-know-if-you-need-a-trust Tennessee Estate Planning: https://www.deathreadiness.com/estate-planning-solution Tennessee Probate: https://www.deathreadiness.com/probate-solution Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

What happens if you simply cross out part of your Will, write “VOID” above it, and initial the change? The answer is more complicated, and riskier, than most people realize. In this episode, estate planning attorney Jill Mastroianni explains why making handwritten changes to your estate planning documents can create confusion, trigger litigation, and ultimately change how your assets are distributed. Through two real Tennessee court cases, you'll learn why “just one little edit” can have consequences that last for years and why creating a fresh document is always the better solution. What You’ll Learn in This Episode Why handwritten edits to estate planning documents can create expensive legal disputes. The difference between modifying a healthcare advance directive and creating a new one. Why clean, updated estate planning documents are easier for your loved ones, and medical providers, to rely on. What happened in two Tennessee Court of Appeals cases involving handwritten changes to Wills. How revoking one provision of a Will can unintentionally change who inherits your property. What a residuary clause is and why it’s one of the most important provisions in a Will. Why assets may pass through intestate succession even if you have a Will. The risks of relying on DIY estate planning or making changes with a pen instead of updating your documents properly. Resources & Links Watch this episode on YouTube: https://youtu.be/DIie_NLlXto Free Healthcare Advance Directives: https://www.caringinfo.org/planning/advance-directives/by-state/ Related Podcast Episodes How to Write Your Own Will (and Why You Shouldn't) : https://www.deathreadiness.com/podcast/50 What Every Parent Needs to Know When Their Child Turns 18 : https://www.deathreadiness.com/podcast/episode-22-what-every-parent-needs-to-know-when-their-child-turns-18 Tennessee Cases Discussed In re Estate of Dye, 565 S.W.2d 219 In re Estate of Warren, 3 S.W.3d 493 Need to Update Your Tennessee Estate Plan? Learn more about Jill's flat-fee Tennessee estate planning services: https://www.deathreadiness.com/estate-planning-solution Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

When someone you love names you as agent under a power of attorney, it can feel like you'll be able to step in and handle whatever needs to be done. But what happens when the law says otherwise? In this episode, I share the story of a Tennessee woman who discovered that even a broad financial power of attorney has limits. Through a real-life example involving a conservatorship, a probate estate, and a Florida real estate sale, we'll explore what powers of attorney can do, what they can't do, and how thoughtful estate planning can help ensure the right people have the right authority when it's needed most. Along the way, you'll learn why caring deeply about someone doesn't automatically give you the legal ability to act on their behalf, and how one woman's careful estate planning may continue helping others long after she's gone. What You’ll Learn in This Episode Why a financial power of attorney gives authority over your affairs, but not necessarily over every role you hold. The difference between acting for yourself and serving in a fiduciary role for someone else. Why an agent under a power of attorney cannot automatically step in as an executor, conservator, trustee, board member, or other fiduciary. How courts determine who serves as a successor executor or conservator when the original person can no longer serve. What a fiduciary is and why fiduciary responsibilities are more common than many people realize. How revocable trusts can help avoid probate delays, especially when you own real estate in multiple states. Why funding your trust is just as important as creating it. The importance of confirming that a named successor trustee is actually willing and able to serve. How thoughtful estate planning can remove obstacles for loved ones and even help people you've never met. Resources & Links Related Episodes Watch this episode on YouTube: https://youtu.be/ZAUuZrrsot8 Episode 17: How Powers of Attorney Work, When to Use Them, and When It's Too Late to Get One : https://www.deathreadiness.com/podcast/episode-17-how-powers-of-attorney-work-when-to-use-them-and-when-its-too-late-to-get-one Episodes Featuring Kristen Lewis Episode 8: A Parents’ Guide to Special Needs Estate Planning : https://www.deathreadiness.com/podcast/a-parents-guide-to-special-needs-estate-planning Episode 9: How to Choose the Right Special Needs Estate Planning Team : https://www.deathreadiness.com/podcast/how-to-choose-the-right-special-needs-estate-planning-team Tennessee Estate Planning Services: https://www.deathreadiness.com/estate-planning-solution Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

Michael thought he had done everything right. He created a revocable trust, avoided probate, and named a neutral third party to serve as trustee after his death. But when the corporate trustee declined to serve, his family spent fourteen years trying to untangle the consequences. In this episode, Jill explains what corporate trustees do, why they sometimes say no, and how to make sure your estate plan works not just on paper, but in real life. What You’ll Learn in This Episode Why avoiding probate shouldn't be the only goal of estate planning What a corporate trustee is and how it differs from an individual trustee Reasons a corporate trustee might decline to serve Why trust companies have minimum asset requirements and internal policies How certain assets, like closely held business interests and mineral rights, can complicate trust administration What silent trusts are and why some corporate trustees are hesitant to administer them Why some institutions decline to serve as trustee of an irrevocable life insurance trust (ILIT) How involving a corporate trustee during the planning process can help identify potential problems before they affect your family What happens when no trustee is available to serve after your death How state trust laws addresses vacancies in trusteeship The importance of naming backup trustees and creating contingency plans Resources & Links Watch this episode on YouTube: https://youtu.be/8yPS4NeTQng Episode 19: Why You Need or Don’t Need a Trust: https://www.deathreadiness.com/podcast/episode-19-how-to-know-if-you-need-a-trust Tennessee Estate Planning Solution: https://www.deathreadiness.com/estate-planning-solution Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

Can you open a probate estate, distribute the assets, close the file, and move on without worrying about creditors? Not quite. In this episode of The Death Readiness Podcast , Jill answers a listener's question about why probate sometimes feels painfully slow. Using Tennessee law as an example, she explains how the creditor claims process works, why executors can't simply skip legal formalities, and what can happen if beneficiaries receive their inheritances before all of the creditor deadlines have expired. What You’ll Learn in This Episode Why probate courts don't allow executors to rush through estate administration What it actually means to "open" a probate estate Why probate courts publish Notices to Creditors What "reasonably ascertainable" creditors are and why they matter How creditor notice deadlines work Why certified mail can play an important role in probate administration What happens if beneficiaries receive distributions before all creditor deadlines expire Why beneficiaries may be required to return inherited funds to satisfy valid creditor claims What it means for a creditor to formally "file a claim" against an estate Why a creditor can't simply call the executor and ask to be paid What documentation creditors must provide when filing a claim Why filing a claim doesn't automatically mean the creditor gets paid How executors decide whether to accept or object to a creditor's claim Why sometimes it makes financial sense to pay a small disputed claim rather than litigate it The importance of following legal formalities, even when they seem inefficient or unnecessary Resources & Links Watch this episode on YouTube: https://youtu.be/CikfGGHRNmQ Ask a question for Tuesday Triage: https://www.deathreadiness.com/tuesdaytriage Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

What estate planning documents does a healthy 30-year-old actually need? In this episode of The Death Readiness Podcast, Jill answers a question from a young listener who wondered what someone her age should be doing about estate planning. Using stories from her own life, including the loss of several young friends, Jill explains why estate planning isn't just for retirees. You'll learn why powers of attorney and healthcare advance directives may be more important than a Will when you're young, how the famous Nancy Cruzan case changed the conversation around end-of-life decision-making, and what a recent Michigan court decision means for pregnant individuals and advance directives. Most importantly, you'll learn why estate planning doesn't have to be perfect; it just has to start. What You’ll Learn in This Episode Why Young Adults Often Avoid Estate Planning Most people in their twenties and thirties aren't ignoring estate planning because they're irresponsible. They're avoiding it because no one has ever explained it to them. Estate planning feels expensive, complicated, and irrelevant—until life proves otherwise. The Four Core Estate Planning Documents Jill explains the four foundational documents that make up a basic estate plan: Last Will and Testament Financial Power of Attorney Healthcare Power of Attorney Healthcare Advance Directive (Living Will) She also shares which of these documents she actually had when she was thirty years old. Why Powers of Attorney Matter More Than You Think A financial power of attorney allows someone you trust to manage financial matters if you're unable to do so yourself. Jill explains the difference between immediate and springing powers of attorney and why she chose to put one in place long before she thought she would ever need it. Bad Things Happen to Young People Too Estate planning isn't just about death. Jill reflects on the loss of former teammates, friends, and family members whose lives changed unexpectedly due to illness, accidents, and catastrophic medical events. Those experiences taught her an important lesson: A tragedy may be unlikely, but it's never impossible. What Nancy Cruzan Can Teach Us Nancy Cruzan was only 25 years old when a car accident left her in a persistent vegetative state. Because she hadn't left clear instructions about her wishes, her family spent years in court, including a case before the United States Supreme Court, trying to answer one heartbreaking question: What would Nancy have wanted? Michigan's New Advance Directive Ruling A recent Michigan court decision struck down a state law that prevented patient advocates from carrying out certain end-of-life decisions for pregnant patients. Jill explains: What the law previously said Why it was challenged How the ruling affects Michigan residents Why pregnancy-related restrictions on advance directives still exist in many states This discussion also connects to the story of Adriana Smith, the Georgia nurse whose case sparked a national conversation about pregnancy and end-of-life decision-making. Do You Need a Will at 30? Jill shares her own situation as a 30-year-old attorney: Single No children Two retirement accounts A checking account A house She explains why she didn't have a Will at that stage of life and why beneficiary designations and account titling can sometimes accomplish much of what young adults need. Estate Planning Isn't a Pass-Fail Test One of the biggest mistakes people make is believing they need to do everything perfectly. Instead, Jill encourages listeners to think of estate planning as a series of small steps: Sign a healthcare power of attorney Complete an advance directive Create a financial power of attorney Add beneficiaries to accounts Organize key information for loved ones Every step makes life easier for the people who may one day need to help you. Resources & Links Watch this episode on YouTube: https://youtu.be/Nde4fFp5Hmk The Death Readiness Playbook: https://www.deathreadiness.com/playbook Important Information Sheets: https://www.deathreadiness.com/resources/important-information-sheets Michigan statutory financial power of attorney form: https://www.michigan.gov/ag/news/press-releases/2025/08/06/fillable-power-of-attorney-forms-now-available-on-department-of-attorney-general-website Access state-specific Healthcare Power of Attorney forms: https://www.caringinfo.org/planning/advance-directives/by-state/ Episode 17: How Powers of Attorney Work, When to Use Them, and When It’s Too Late to Get One: https://www.deathreadiness.com/podcast/episode-17-how-powers-of-attorney-work-when-to-use-them-and-when-its-too-late-to-get-one Episode 22: What Every Parent Needs to Know When Their Child Turns 18: https://www.deathreadiness.com/podcast/episode-22-what-every-parent-needs-to-know-when-their-child-turns-18 Episode 23: What Happens When a Pregnant Woman Is Declared Brain Dead?: https://www.deathreadiness.com/podcast/episode-23-what-happens-when-a-pregnant-woman-is-declared-brain-dead Episode 68: Why Good Powers of Attorney Still Fail: https://www.deathreadiness.com/podcast/68 Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

Jill Mastroianni is joined by her close friend and financial advisor, Blair Coffman Martin, to discuss how to approach retirement planning, long-term care, and helping adult children without feeling overwhelmed. Blair emphasizes that financial planning isn’t about having all the answers upfront; it’s about starting with what you know, organizing your spending, and creating a flexible plan for the future. They also cover required minimum distributions (RMDs), consolidating accounts, and strategies to involve adult children responsibly in financial decisions. Key Takeaways Retirement readiness is a spectrum, not a single “finish line.” Start by understanding your current spending habits rather than just your savings. Track spending effectively: Financial advisors can help do the heavy lifting: They can consolidate statements, analyze tax returns, and build an initial plan collaboratively. Plan for “tent pole” expenses: Big, irregular expenses (roof repairs, new cars, house renovations) should be accounted for in long-term financial planning. Required Minimum Distributions (RMDs): Consolidating accounts simplifies management: Having accounts spread across multiple institutions adds complexity and risk; consolidation helps both clients and advisors. Including adult children in the conversation: Long-term care planning: Incorporate potential future healthcare needs into financial plans early, even for those not yet in retirement, to reduce uncertainty later. Financial planning is dynamic: Plans should evolve over time to accommodate changing priorities, unexpected events, or new goals. It’s okay to feel unprepared: No one is expected to know all the answers before meeting with a financial advisor. Initial conversations often help clarify next steps and provide peace of mind. Resources & Links Watch this episode on YouTube: https://youtu.be/JsqlbeG8SCk Learn more about Blair Coffman Martin and the team at Robert W. Baird and Co. Incorporated: https://lexingtondt.bairdwealth.com/team/blair-c-martin Blair's email: bcmartin@rwbaird.com Blair's phone number: 859-514-0183 Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

What happens when someone with memory changes needs to sign a will, trust, or power of attorney? Who actually decides whether they’re “competent” enough to sign, and what happens if people disagree? In this episode, Jill Mastroianni share personal stories involving her own mom, a deathbed signing that never happened, and what the law actually says about mental capacity and estate planning. We talk about why competency is not an all-or-nothing question, who acts as the initial gatekeepers during a signing, and why families often begin asking “Can Mom still sign?” when they’re already standing in the middle of a crisis. Most importantly, we talk about why estate planning works best when decisions are made from a place of choice, not urgency. What You’ll Learn in This Episode Why “competent” is not a simple yes-or-no determination The difference between testamentary capacity and contractual capacity Why someone may be able to sign a will but not a power of attorney The four things a person generally needs to understand to sign a will Why dementia does not automatically mean someone lacks legal capacity Why attorneys sometimes refuse to let a client sign documents The risks and concerns that can arise when adult children request standalone powers of attorney The role of notaries and witnesses as gatekeepers, but not final decision-makers What courts look at when capacity is challenged after a signing Why moments of lucidity matter in capacity determinations Why families often wait too long before starting important conversations The hidden systems we all carry in our heads—passwords, finances, routines, healthcare information, and family details Why timing matters more than most families realize Resources & Links Watch this episode on YouTube: https://youtu.be/coX3guCoFMI The Death Readiness Playbook: https://www.deathreadiness.com/playbook Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

What happens when a parent develops dementia and an attorney tells your family it’s “too late” to update estate planning? In this week’s Tuesday Triage episode, Jill walks through a real-life scenario involving outdated trusts, powers of attorney, probate versus non-probate property, and the estate planning opportunities that may still exist even after incapacity enters the picture. This episode explores how understanding asset titling, existing estate planning documents, and revocable trusts can help families creatively adapt an older estate plan to current realities. What You’ll Learn in This Episode Estate planning is not always “all or nothing.” Even if someone can no longer sign new estate planning documents, meaningful planning opportunities may still exist. Revocable trusts only control assets that are actually transferred into the trust. If the revocable trust was never funded, families may have more flexibility than they realize. A pour-over will acts as a safety net by directing probate assets into the revocable trust after death. Understanding how assets are titled is critical when incapacity becomes part of the estate planning picture. Joint ownership, beneficiary designations, and payable-on-death designations can dramatically affect what estate planning options remain available. Existing durable financial powers of attorney may allow a spouse or agent to continue planning on behalf of an incapacitated individual. Probate property and non-probate property work differently. Probate property requires court involvement after death. Non-probate property transfers automatically by operation of law, contract, beneficiary designation or trust agreement. Families should periodically revisit older estate plans. Estate plans that made sense 20 years ago may no longer fit current finances, health concerns, or family dynamics. Updating powers of attorney for a healthy spouse after the other spouse develops dementia can help make sure both spouses are protected in an emergency. Estate organization matters. Gathering account information, contacts, passwords, beneficiary designations, and legal documents before a crisis can significantly reduce stress for adult children and caregivers. Sometimes good estate planning is less about perfection and more about creatively adapting the tools already in place to the realities of life today. Resources & Links Watch this episode on YouTube: https://youtu.be/6i-C-_q6Mqc Estate Plan Audit: https://www.deathreadiness.com/audit Mollie Lacher and Sunny Care Services: https://sunnycareservices.com/about-us/ Episode 17: How Powers of Attorney Work, When to Use Them, and When It’s Too Late to Get One: https://www.deathreadiness.com/podcast/episode-17-how-powers-of-attorney-work-when-to-use-them-and-when-its-too-late-to-get-one Episode 19: Why You Need (or Don’t Need) a Trust: https://www.deathreadiness.com/podcast/episode-19-how-to-know-if-you-need-a-trust Episode 68: Why Good Powers of Attorney Still Fail: https://www.deathreadiness.com/podcast/68 Probate v. Non-Probate Asset Infographic: https://static1.squarespace.com/static/67427098ef10a8326b64eba9/t/694b2f436198f33cd2adcf08/1766534979768/Probate+and+Non-Probate+Assets+educational+representation.png Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

You can follow all the estate planning rules and still end up with the wrong plan. In this episode, Jill walks through a question from a young attorney who’s been handed traditional estate planning forms and is wondering whether they actually serve her clients. Jill break down how a standard trust structure can limit flexibility for families who don’t need estate tax planning, and how small adjustments can make a big difference. Estate planning isn’t about checking boxes. It’s about building something that works. What You’ll Learn in This Episode What a traditional Family Trust / Marital Trust estate planning structure is and why it’s so commonly used Why many families today don’t need estate tax planning, even though their documents assume they do The tradeoff between tax planning and flexibility for a surviving spouse A simple rule: the more control you have over an asset, the more likely it is to be included in your taxable estate Why an estate plan can technically “work” and still miss your actual goals How directing assets to a Marital Trust can provide more flexibility in certain situations What a Disclaimer Trust is and how it can build in estate planning flexibility for future law changes Why estate planning should account for human behavior, not just legal theory The best estate plans are designed to adapt over time, not just work on day one Resources & Links Watch this episode on YouTube: https://youtu.be/Ad7ZkN6sX6I Estate Plan Audit : https://www.deathreadiness.com/audit Episode 19: Why You Need (or Don’t Need) a Trust: https://www.deathreadiness.com/podcast/episode-19-how-to-know-if-you-need-a-trust Episode 38: Why You Need (or Don’t Need) a Will: https://www.deathreadiness.com/podcast/why-you-need-or-dont-need-a-will Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer : This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.