Not Your Average Death Blog
Just Because You Love Someone Doesn't Mean They're the Right Person for the Job
When I was first practicing law in Nashville, I lived about eight miles from my office. Every Friday, I ran to work with my dog, Oliver. One week, I had what I thought was a brilliant idea. Instead of carrying my work clothes in my backpack, I'd buy Oliver his own backpack so he could carry them.
I buckled it on and Oliver refused to move. He didn't take a single step. He just stood in the driveway looking at me as if to say, Absolutely not. So, I unpacked his backpack, stuffed everything into mine, and we headed to work the way we always had.
Looking back, I realize I made a mistake. I never stopped to ask whether the backpack was something Oliver could realistically carry. I simply decided it was his job.
How to Avoid Costly Mistakes After a Death
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.
Why I Won't Leave My Kids Cash
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.
What You Need to Know Before Editing Your Will
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.
Why Your Power of Attorney Can't Do Everything
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, Jill shares 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, she'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 Need to Know About Corporate Trustees
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.
How Creditors Can Delay a Probate Estate
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.
How to Update Estate Planning After a Dementia Diagnosis
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.
How Poor Estate Planning Cost a First Lady Her Home
What really happened to the home of President James K. Polk? Jill revisits the fate of Polk Place in Nashville and walks through original deeds, wills, and trust language to explain how a presidential estate plan unraveled over decades. The result is a cautionary tale about life estates, unclear ownership, failed trusts, and how even “well-documented” plans can quietly erase a legacy.
How to Write Your Own Will (and Why It’s Not as Simple as You Think)
I spend a lot of time thinking about how people avoid estate planning, not because they don’t care, but because they genuinely don’t know where to start. And nothing captures that better than a question I got recently while checking out at Trader Joe’s in Michigan.
A cashier named Ron noticed my Death Readiness sweatshirt and asked the question almost everyone has wondered at some point: “If I want to leave everything to my brother, can I just write it down and sign it?”
The short legal answer, at least in Michigan, is yes. A handwritten Will (called a holographic Will) is valid if it’s dated, signed, and the material portions are in your handwriting. But when it comes to planning for real-life families, real-life assets, and real-life drama, the better answer is: this gets messy fast.
How to Keep Your Ex Out of Your Estate Plan
When you go through a major life change, you think the moment of “finalizing” something will bring a sense of closure. But usually, it doesn’t. When my husband and I bought our house this fall, I was convinced I’d feel relieved the minute we signed the paperwork. Instead, we immediately plunged into the real work—packing, moving, cleaning out the old place, dealing with inspection repairs, and pretending we’d get around to changing the keypad code “tomorrow.” Weeks later, most of that list is still waiting for us. That weird gap between being “done” on paper and nowhere near done in reality is exactly where one of my listeners, Amy from Nashville, finds herself right now.
Amy is newly divorced after ten years of marriage. The court has signed off. The marital dissolution agreement is official. She is, in theory, “legally done.” But like so many people who reach this point, she quickly realized there’s a long list of loose ends that don’t magically handle themselves. One of the questions at the top of her list was: does she need to update her Will to remove her ex-spouse?
Can You Inherit from Someone You Tried to Kill? The Michigan Case that Surprised Everyone
If you spend enough time in trusts and estates, you eventually learn that the law and common sense don’t always travel together. A recent Michigan case illustrates this perfectly, raising a question most people never imagine needing to answer: Can someone inherit from a person they were once accused of trying to kill? It’s an uncomfortable question, and the answer is not what most people expect.
This case centers around a trust created by a man named Donald shortly before his death in 2017. His wife, Elaine, became the sole beneficiary after he died, and their son, Donnie, was next in line. The trustee at the time, Michael, was not a family member but had been named in the trust documents as a future beneficiary after Donnie’s death. Within months, however, the probate court removed Michael as trustee, a notable action that suggested the court had concerns about how the trust was being managed.
The Hidden Tax Traps in Lifetime Gifts
Avoiding the Hidden Tax Trap in Lifetime Gifts
We love the idea of “getting things done.” We declutter, we consolidate, we “get the house out of Mom’s name.” But sometimes, our efforts to simplify make things more complicated, and more expensive, than we ever intended.
Why Losing Your Original Will Could Cost Your Family Everything
You’d think “filing” your Will would be simple. But as one listener, Jazmine from New Jersey, found out the hard way, it’s not that simple. She thought she had “filed” her Will with her attorney. When her house was burglarized and her important papers were stolen, she wasn’t worried about her Will. She assumed her attorney still had the original. Except, he didn’t. He’d been disbarred and his law firm no longer existed. And her original Will was gone. So, what does it even mean to “file” a Will? And what happens if yours goes missing?
Can You Leave Money to Your Dog?
Your dog might run your home, your heart, and your schedule, but legally, he’s still property.
You can’t leave money to your dog, because under the law, your dog is considered property. And property can’t inherit property.
But you can make sure your pet is cared for if you’re not around to do it. That’s where pet trusts come in.
Do You Really Need a Will? Here’s How to Tell.
Most people assume a Will is the first step in estate planning.
But a Will doesn’t control everything you own; and in some cases, you might decide you don’t even need one.
When I practiced as an estate attorney, one of the questions I got more than any other was,
“Do I need a Will?”
And my answer was always the same:
“I don’t know — not yet.”
Because before you can decide whether you need a Will, you have to understand what a Will actually does.
Why You Don’t Have to Take the Executor Job
When people find out they’ve been named Executor in a family member’s Will, the reaction is almost always the same: panic.
Not because they don’t care, but because they know the person who chose them never really got their affairs in order. The paperwork’s scattered, the passwords are missing, the beneficiary designations are outdated, and there’s no clear roadmap for what comes next.
But here’s the truth: you don’t have to take the job.
When Transfer-on-Death Deeds Promise to Avoid Probate but Create Chaos
We love shortcuts. Grocery store self-checkout. The “express” car wash. Even skipping steps in estate planning, like using a Ladybird deed (also called a transfer-on-death deed) to keep your house out of probate.
On the surface, a Ladybird deed looks amazing. Sign a deed, name who gets the house, and no court gets involved. Cheap, simple, done. Except, like most things in estate planning, what sounds easy can turn into a mess for the people you leave behind.
Today, I sit down with Minnesota probate attorney Jen Gumbel to dig into the good, the bad, and the ugly of transfer-on-death deeds. She’s seen firsthand how they play out in real life, and the results aren’t always pretty.
Do You Need to Update Your Will When You Have More Kids?
Leslie signed her Will five years ago when she had one child. Then she had twins. Now she’s got three kids, and she’s wondering: does her Will still work, or does she need to change it?
It’s a question I get all the time. And the answer is… it depends.
Good estate planning attorneys use solid forms that account for future kids. For example, my own Will doesn’t just name my children; it includes any child “born or adopted after the date of this Will.” That way, if my family grows, the Will automatically grows with it.
How Small Gaps in Your Will Become Big Problems
Twelve years after my mom died, her jewelry still lives in my dad’s house. My sister and I each picked out the pieces we wanted, and I even used one of her rings as my engagement ring.
The rest was tucked away in her dresser drawer until my daughter, April, started exploring them this summer. April never met my mom, but when she wore her grandmother’s earrings to homecoming last weekend, it was like she’d found a way to connect with her.
Jewelry can be a bridge between generations. But in estate planning, it can also be the opposite: the spark that lights a family feud.