Explorez tous les épisodes du podcast The Death Readiness Podcast: Not your dad’s estate planning podcast
| Titre | Date | Durée | |
|---|---|---|---|
| 102: What to Ask Before Serving Under a Power of Attorney | 10 Nov 2026 | 00:19:40 | |
Your mom, dad, or another family member asks you to serve as their agent under a power of attorney. You want to help. But do you understand what you're agreeing to? Serving as someone's agent under a financial power of attorney is more than helping them pay a few bills. You're accepting legal responsibilities, potential liability, and a job that could become much more demanding than you anticipated. In this episode of The Death Readiness Podcast: Not Your Dad’s Estate Planning Podcast, estate planning attorney Jill Mastroianni shares seven things to consider before accepting an appointment under a power of attorney, including questions professional fiduciaries ask before agreeing to serve. You'll learn what to look for in the estate planning documents, how to protect yourself, and why being asked to serve doesn't mean you have to say yes. What You'll Learn in This Episode
What If You Don't Want to Serve? Being named as someone's agent under a power of attorney doesn't mean you're obligated to accept the responsibility. Jill also discusses why it's okay to decline a fiduciary appointment, what alternatives may be available, and why the attorney who prepared the estate planning documents isn't necessarily an attorney representing you. The takeaway? You can love someone, want to help them, and still decide that serving as their agent under a power of attorney isn't the right job for you. Resources & Links The Death Readiness Playbook is an educational guide and hands-on workbook that helps you understand the legal, financial, and practical considerations involved in preparing for incapacity and death. https://www.deathreadiness.com/playbook
Other Power of Attorney Episodes: Episode 17: How Powers of Attorney Work, When to Use Them, and When It’s Too Late to Get One: Audio: 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 Audio: https://www.deathreadiness.com/podcast/68 Video: https://youtu.be/HFTrcY1nsgY?si=dJESo3sUQcmsCaI_ Episodes with professional fiduciary Sara Ecklein: Episode 16: How to Prevent your Estate Plan from Becoming a Family Battlefield Episode 33: Why Your Aging Parents Aren’t Planning and How to Change It Connect with Jill: · Website: https://www.deathreadiness.com/ · Email: jill@deathreadiness.com · Learn more about Jill’s services: https://www.deathreadiness.com/solutions Subscribe to the Death Readiness Dispatch! https://www.deathreadiness.com/subscribe Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 101: Why You Can't Just Refuse an Inheritance | 03 Nov 2026 | 00:20:56 | |
What happens when someone leaves you an inheritance you don't want? Can you simply refuse it? And if you do, who gets the money instead? In this episode of The Death Readiness Podcast, estate planning attorney Jill Mastroianni takes a closer look at a surprising estate planning problem inspired by And Just Like That, the sequel to Sex and the City. When Mr. Big leaves his ex-wife Natasha a million dollars, she tells Carrie Bradshaw she doesn't want the money and asks her to give it to charity. But refusing an inheritance isn't that simple. Jill explains how qualified disclaimers work, why beneficiaries cannot decide where disclaimed property goes, and how estate planning laws in different states can produce dramatically different outcomes. She also shares a real-life estate administration story about a beneficiary who wanted nothing to do with his inheritance. What You’ll Learn in This Episode What You'll Learn About Estate Planning and Refusing an Inheritance
Resources and Links Related Episodes of The Death Readiness Podcast
Estate Planning Resources
Tennessee estate planning services: https://www.deathreadiness.com/estate-planning-solution Take the Next Step with The Death Readiness Playbook Estate planning can feel overwhelming, especially when you don't know what you don't know. The Death Readiness Playbook is an educational guide and hands-on workbook that helps you understand the legal, financial, and practical considerations involved in preparing for incapacity and death. Through plain-English explanations, real-life examples, and practical worksheets, you'll learn what questions to ask, what decisions to consider, and how to organize the information your loved ones may someday need. Whether you're just beginning to think about estate planning or already have documents in place, the Playbook helps you take the next step. Explore The Death Readiness Playbook at https://www.deathreadiness.com/playbook Connect with Jill: · Website: https://www.deathreadiness.com/ · Email: jill@deathreadiness.com · Learn more about Jill's services: https://www.deathreadiness.com/solutions · Subscribe to the Death Readiness Dispatch! https://www.deathreadiness.com/subscribe Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 100: How Talking About Death Changed the Way I Live | 27 Oct 2026 | 00:16:41 | |
100 episodes about estate planning, preparing for death, and the things we leave behind. Who knew that could teach you so much about living? In this special 100th episode of The Death Readiness Podcast: Not Your Dad's Estate Planning Podcast, estate planning attorney Jill Mastroianni takes a break from tax calculations and trust provisions to reflect on the unexpected lessons she's learned since launching the podcast in January 2025. From recording conversations with her dad about his childhood and military service to asking her brother questions she'd never thought to ask, Jill shares how creating an estate planning podcast has changed her understanding of family, legacy, and the things we pass along to the people we love. And sometimes, the memories that matter most are the ones we least expect, like singing One Direction in a parking lot with your teenage daughter and a foster dog. Wills, trusts, and other estate planning documents are important. But there's more to preparing for death than deciding what happens to our money and possessions. There are stories worth preserving, relationships worth nurturing, and conversations worth having while we still can. Estate planning should help us prepare for the future without losing sight of the lives we're living right now. What You’ll Learn in This Episode Why recording your family's stories matters. Your estate planning documents can address what happens to your property, but they won't preserve the stories behind it. You don't need professional equipment or a published podcast to record meaningful conversations with your parents or grandparents. Sometimes all it takes is asking a question and pressing record. What happens when we ask questions we've never asked before. Jill shares how interviewing her dad and her brother, Dan, helped her understand two people she thought she already knew so well. Why we need to listen to the people we're planning for. When Jill asked Dan about his experience growing up with Down syndrome, his answer challenged her assumptions and offered an important lesson about understanding what makes someone else's life meaningful. It's a reminder that good estate planning begins with understanding the person, not simply deciding what to do with their assets. How our children learn from watching us navigate uncertainty. Building an estate planning podcast and a business hasn't always gone according to plan. Jill reflects on what she hopes her daughter April has learned from watching both the successes and setbacks. Why your legacy is about more than money and possessions. Estate planning often focuses on how we transfer assets after death. But family stories, shared experiences, traditions, and everyday moments can be just as meaningful as the things we leave behind. How preparing for death can help us appreciate life. Estate planning and getting your affairs organized isn't about dwelling on what might happen someday. It's about making things easier for the people you love and spending more time enjoying the life you're living right now. Resources & Links Related Podcast Episodes Episode 7 — What it Takes to Raise a Child with Special Needs Episode 11 — Start Your Own Family Podcast with these Simple Steps https://www.deathreadiness.com/podcast/start-your-own-family-podcast-with-these-simple-steps The Death Readiness Playbook https://www.deathreadiness.com/playbook Estate planning and preparing for death doesn't have to feel overwhelming or depressing. The Death Readiness Playbook combines approachable explanations of estate planning with a practical workbook to help you organize the information your family may someday need. Halloween Special: Save $10 with code BOO through October 31, 2026, while supplies last.
Tennessee estate planning services: https://www.deathreadiness.com/estate-planning-solution Connect with Jill: · Website: https://www.deathreadiness.com/ · Email: jill@deathreadiness.com · Learn more about Jill's services: https://www.deathreadiness.com/solutions · Subscribe to the Death Readiness Dispatch! https://www.deathreadiness.com/subscribe Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 99: Why Your Parents' Trust Could Cost You Thousands | 20 Oct 2026 | 00:18:03 | |
Your parents may have created an irrevocable trust years ago as part of their estate planning to protect family assets and reduce estate taxes. But what if that same trust could leave you with a substantial capital gains tax bill when you inherit their property? In this episode of The Death Readiness Podcast: Not Your Dad's Estate Planning Podcast, estate planning attorney Jill Mastroianni uses her father's lake house in the Adirondacks to explain an often-overlooked issue in estate planning: how the type of trust you create can affect the taxes your family pays after your death. Using a $3 million house as an example, Jill explains the difference between revocable and irrevocable trusts, how a step-up in tax basis works, and why an estate plan designed to reduce estate taxes could instead result in $2.5 million of taxable gain when inherited property is sold. You'll also learn why estate planning strategies that made sense twenty years ago may deserve another look today, how certain irrevocable trusts can be modified or planned around, and what to ask your estate planning attorney before making changes to an existing trust. What You'll Learn in This Episode Why choosing the right type of trust matters in estate planning. A revocable trust allows its creator, known as the grantor, to retain control of the assets. Assets held in a revocable trust are included in the grantor's taxable estate. Certain irrevocable trusts, on the other hand, are designed to remove future appreciation from the grantor's taxable estate. That distinction can have significant income-tax consequences for beneficiaries. The difference between estate taxes and capital gains taxes. Estate taxes may apply when someone dies with an estate exceeding applicable exemption thresholds. Capital gains taxes may apply when inherited property is sold for more than its income-tax basis. An estate planning strategy that reduces one type of tax can sometimes increase exposure to the other. How a step-up in tax basis can reduce taxes on inherited property. Property included in someone's estate for federal estate-tax purposes generally receives an income-tax basis equal to its fair market value at death. This adjustment, commonly called a step-up in basis, can substantially reduce capital gains taxes when heirs sell inherited property. How a $3 million house could create $2.5 million in taxable gain. Jill compares two estate planning scenarios involving a house with an original tax basis of $500,000. In one, the house receives a stepped-up basis when its owner dies. In the other, an irrevocable trust preserves the original basis, potentially creating $2.5 million in taxable gain when the property is sold. Why an irrevocable trust may have been a good estate planning decision years ago. Federal estate-tax exemptions have increased dramatically over time. In 2026, the federal estate and gift-tax exemption is $15 million per person, although some states impose their own estate taxes with lower exemption amounts. A trust designed to minimize estate taxes decades ago may no longer provide the same benefits. Why not all irrevocable trusts are the same. Irrevocable trusts can serve different estate planning purposes, including reducing estate taxes, addressing long-term care concerns, and protecting assets for children or grandchildren. The appropriate planning depends on the family's goals and the trust's provisions. What a power of substitution can accomplish. Some irrevocable trusts allow the grantor to exchange, or swap, personally owned assets for trust assets of equivalent value. When properly structured, this provides an opportunity to bring appreciated property back into the grantor’s taxable estate to obtain a step up in tax basis at death. Why reviewing an older estate plan matters. Changes in tax laws, asset values, and family circumstances may mean that a trust created decades ago deserves another look. Reviewing an existing estate plan with a qualified estate planning attorney can help identify whether an older irrevocable trust still accomplishes its intended goals or whether other strategies should be considered. Three Questions to Ask Your Estate Planning Attorney About an Existing Irrevocable Trust If you or your parents created an irrevocable trust years ago, consider discussing these questions with your estate planning attorney:
Resources & Links Related Episodes
The Death Readiness Playbook Get started organizing the information, decisions, and wishes your loved ones may need someday with The Death Readiness Playbook, available in printed and digital formats. Halloween Special: Save $10 with code BOO through October 31, 2026, while supplies last. https://www.deathreadiness.com/playbook Tennessee estate planning services: https://www.deathreadiness.com/estate-planning-solution Connect with Jill: · Website: https://www.deathreadiness.com/ · Email: jill@deathreadiness.com · Learn more about Jill's services: https://www.deathreadiness.com/solutions · Subscribe to the Death Readiness Dispatch! https://www.deathreadiness.com/subscribe Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 98: Why You Shouldn’t Give Your Kids the House Yet | 13 Oct 2026 | 00:15:56 | |
If you inherit a house, there’s one number you may not realize you need: what was the house worth on the date the owner died? In this episode, Jill uses a fictional house from HBO’s Somebody Somewhere to explain what happens to tax basis when you inherit property, why getting a date-of-death appraisal can matter years after someone dies, and why receiving a house as an inheritance can have very different income-tax consequences from receiving that same house as a lifetime gift. You’ll also hear why avoiding probate shouldn’t be the only consideration when deciding how to transfer property, and how solving one estate planning problem can sometimes create an entirely different tax problem. What You’ll Learn in This Episode The different ways you might inherit a house. A transfer-on-death deed, revocable trust, Will, or state intestacy law can all affect who ultimately receives real estate after someone dies. What tax basis actually means. Jill breaks down tax basis using simple numbers and explains why it matters when you eventually sell an asset. How the step-up in tax basis works. Inherited property generally receives a new tax basis based on its fair market value as of the owner's date of death, which can dramatically reduce the taxable gain when appreciated property is eventually sold. Why you should consider getting a date-of-death appraisal. You may have no intention of selling an inherited house today, but you could need to establish its tax basis ten, fifteen, or twenty years from now. Documenting the value shortly after someone dies can be much easier than trying to reconstruct it years later. What happens if you move into an inherited house. The principal-residence exclusion may allow a qualifying homeowner to exclude up to $250,000 of gain from federal income tax, or up to $500,000 in certain circumstances for married couples filing jointly. Why your parents shouldn't necessarily put the house in your name now. Property received as a lifetime gift generally carries over the donor's existing tax basis for purposes of determining gain. If your parent bought a house decades ago for substantially less than it's worth today, that difference can matter enormously. Why this isn't just about houses. The same basic tax-basis issue can arise with appreciated stock, family businesses, closely held companies, valuable collections, and other assets. Why avoiding probate isn't the whole estate plan. Putting your name on Mom's house or having Dad give you appreciated stock might accomplish one goal while creating an income-tax consequence you hadn't considered. Resources & Links Episode 44 – The Hidden Tax Traps in Lifetime Gifts https://www.deathreadiness.com/podcast/the-hidden-tax-traps-in-lifetime-gifts Transfer-on-Death Deeds. Listen to Jill's earlier episode explaining how transfer-on-death deeds work and how they can allow real estate to pass at death without going through probate. Revocable Trusts. Explore earlier episodes of The Death Readiness Podcast discussing revocable trusts, trust funding, and how trusts can be used to transfer assets outside of probate. https://www.deathreadiness.com/podcast/episode-19-how-to-know-if-you-need-a-trust Take the Next Step with The Death Readiness Playbook Estate planning can feel overwhelming, especially when you don't know what you don't know. The Death Readiness Playbook is an educational guide and hands-on workbook that helps you understand the legal, financial, and practical considerations involved in preparing for incapacity and death. Through plain-English explanations, real-life examples, and practical worksheets, you'll learn what questions to ask, what decisions to consider, and how to organize the information your loved ones may someday need. Whether you're just beginning to think about estate planning or already have documents in place, the Playbook helps you take the next step. Explore The Death Readiness Playbook at https://www.deathreadiness.com/playbook Connect with Jill: · Website: https://www.deathreadiness.com/ · Email: jill@deathreadiness.com · Learn more about https://www.deathreadiness.com/solutions · Subscribe to the Death Readiness Dispatch! https://www.deathreadiness.com/subscribe Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 97: Why Jane Goodall’s Message Matters Right Now | 22 Sep 2026 | 00:19:36 | |
In this episode, Jill reflects on the life and legacy of Dr. Jane Goodall, exploring what it means to “do your little bit” in a world where not everyone starts from the same place. From Jane’s courage in defying gender norms to the continuing conversation around affirmative action, equity, and opportunity, this episode weaves together stories of perseverance, purpose, and the quiet power of small, determined acts. Key Takeaways Starting Lines Aren’t Equal. Just like in a race, life’s starting points differ. As Dr. Martin Luther King Jr. wrote in Why We Can’t Wait, centuries of inequity can’t be erased by pretending the race is fair. Affirmative Action as Fairness, Not Favoritism. President Kennedy’s 1961 executive order introduced “affirmative action” to open doors long kept closed, not to advantage one group, but to create opportunity where opportunity was denied. The Double Tax. Economist Anna Gifty describes the “double tax” faced by women of color, the compounding burden of racism and sexism that leaves them underpaid, overcharged, and underestimated. Jane Goodall’s Courage and Conviction. When the British government told Jane she couldn’t travel alone, her mother didn’t argue — she packed a bag. Together they faced malaria and isolation so Jane’s dream could take root. It’s the truest example of lifting someone by standing right beside them. Say What You Mean, Mean What You Say. A lesson from Jill’s high school English teacher and one Jane Goodall embodied throughout her life — integrity, honesty, and consistency of purpose matter more than comfort. Doing Your Little Bit. Jane reminded us that every person makes an impact every single day. Even small, imperfect actions move the world forward. Death Readiness as Peace. Jane’s view of death as her “next great adventure” reframes readiness; it’s about living with purpose and peace, not fear. Take the Next Step with The Death Readiness Playbook Estate planning can feel overwhelming, especially when you don't know what you don't know. The Death Readiness Playbook is an educational guide and hands-on workbook that helps you understand the legal, financial, and practical considerations involved in preparing for incapacity and death. Through plain-English explanations, real-life examples, and practical worksheets, you'll learn what questions to ask, what decisions to consider, and how to organize the information your loved ones may someday need. Whether you're just beginning to think about estate planning or already have documents in place, the Playbook helps you take the next step. Explore The Death Readiness Playbook at https://www.deathreadiness.com/playbook Connect with Jill: · Website: https://www.deathreadiness.com/ · Email: jill@deathreadiness.com · Learn more about Jill’s services: https://www.deathreadiness.com/solutions · Subscribe to the Death Readiness Dispatch! https://www.deathreadiness.com/subscribe Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 96: What to Expect When Hiring an Estate Planning Attorney | 15 Sep 2026 | 00:22:07 | |
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, of The Death Readiness Podcast: Not Your Dad's Estate Planning Podcast, estate planning attorney Jill Mastroianni 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 Take the Next Step with The Death Readiness Playbook Estate planning can feel overwhelming, especially when you don't know what you don't know. The Death Readiness Playbook is an educational guide and hands-on workbook that helps you understand the legal, financial, and practical considerations involved in preparing for incapacity and death. Through plain-English explanations, real-life examples, and practical worksheets, you'll learn what questions to ask, what decisions to consider, and how to organize the information your loved ones may someday need. Whether you're just beginning to think about estate planning or already have documents in place, the Playbook helps you take the next step. Explore The Death Readiness Playbook at https://www.deathreadiness.com/playbook Connect with Jill: · Website: https://www.deathreadiness.com/ · Email: jill@deathreadiness.com · Learn more about Jill's services: https://www.deathreadiness.com/solutions · Subscribe to the Death Readiness Dispatch! https://www.deathreadiness.com/subscribe Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 95: What Divorced Parents Need to Know About Life Insurance | 08 Sep 2026 | 00:25:38 | |
How Divorce Affects Life Insurance and Estate Planning: If you're divorced with minor children, your parenting plan may require you to maintain life insurance to provide financial support for your children if you die. But does your life insurance beneficiary designation actually accomplish what the court order requires? In this episode of The Death Readiness Podcast, estate planning attorney Jill Mastroianni explains why divorce, life insurance, and estate planning need to be considered together, especially when minor children are involved. Using the life insurance provisions in Tennessee's form parenting plan, Jill walks through what happens when you try to translate a court order into an actual life insurance beneficiary designation. She explains why naming minor children directly can create problems, the difference between a custodian and a trustee, and how a trust created under a Will may help ensure that life insurance proceeds are managed for your children as intended. You'll also learn why updating your estate plan after divorce involves more than changing your Will, and why a life insurance policy, parenting plan, and estate planning documents should all work together. Having the required life insurance policy is only part of the plan. The money also needs a clear path to the children you're trying to protect. What You'll Learn About Estate Planning, Divorce and Life Insurance Why divorce should trigger an estate planning review. If you're divorced with minor children, your parenting plan or divorce agreement may require you or your former spouse to maintain life insurance. That obligation should be reviewed alongside your Will, any trusts, and your life insurance beneficiary designations. A divorce can change who you want managing your children's inheritance and how you want those funds distributed. Why a parenting plan's life insurance requirement may not be enough. Tennessee's form parenting plan can require a minor child to be named as the beneficiary of life insurance with an adult serving as “trustee.” But the language in a divorce-related court order may not translate neatly onto an insurance company's beneficiary designation form. Additional estate planning may be necessary to carry out the intended arrangement. What happens when you name a minor child as a life insurance beneficiary. Life insurance companies generally cannot simply distribute a substantial death benefit directly to a minor child. Depending on state law and the circumstances, a court may need to appoint someone to manage the funds. That can mean additional expenses, delays, and court involvement at an already difficult time. The difference between a custodian and a trustee. A custodian under the Uniform Transfers to Minors Act (UTMA) can manage assets for a minor without establishing a separately drafted trust. A trustee, however, manages assets according to the terms of a trust. Understanding the distinction is especially important when a parenting plan requires life insurance proceeds to be managed for minor children. Why UTMA may not be the best long-term solution for life insurance proceeds. Naming a custodian can be a relatively simple way to arrange for someone to manage a minor child's inheritance. But the child generally receives control of the funds at the age specified by applicable state law. Depending on the state and the type of transfer, that could be much earlier than you'd want a child to receive a substantial life insurance benefit. Why selecting “trust” on a life insurance beneficiary form may not solve the problem. If your insurance company asks for the name, date, and other identifying information for a trust, you'll generally need an actual trust. Simply naming someone as a “trustee” in a parenting plan doesn't necessarily establish the trust arrangement needed to receive and manage the life insurance proceeds. How a trust under your Will can help protect minor children. A properly drafted Will can create a trust that takes effect at death and provides instructions for managing life insurance proceeds. The trust can identify the trustee, explain how money may be used for your children, establish when distributions occur, and address what happens if the original trustee cannot serve. Why your estate planning documents and life insurance beneficiary designations must work together. After divorce, it's important to review more than the names listed on your policies. Your parenting plan, Will, trusts, and beneficiary designations should be coordinated so that the life insurance proceeds are distributed and managed consistently with your legal obligations and estate planning goals. Why state law matters when you're divorced with minor children. Jill discusses how she may coordinate life insurance beneficiary designations with a trust created under a Will in Tennessee. But divorce requirements, insurance beneficiary rules, trusts, and the treatment of assets left to minors vary by state. This is an area where state-specific legal advice matters. Resources & Links Watch This Episode on YouTube Tennessee Permanent Parenting Plan Order Episode 49 – How to Keep Your Ex Out of Your Estate Plan Episode 19 – Why You Need (or Don't Need) a Trust Sample Children's Trust Language Work With Jill Take the Next Step with The Death Readiness Playbook Estate planning can feel overwhelming, especially when you don't know what you don't know. The Death Readiness Playbook is an educational guide and hands-on workbook that helps you understand the legal, financial, and practical considerations involved in preparing for incapacity and death. Through plain-English explanations, real-life examples, and practical worksheets, you'll learn what questions to ask, what decisions to consider, and how to organize the information your loved ones may someday need. Explore The Death Readiness Playbook at https://www.deathreadiness.com/playbook Connect with Jill: Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 94: Why Your Responsible Child Might Be the Wrong Trustee | 01 Sep 2026 | 00:40:52 | |
How do professional trustees manage trusts? Estate planning attorney Jill Mastroianni and Alex Fisher explain fiduciary duties, trust administration, beneficiary distributions, and how to choose a trustee. What actually happens when a beneficiary asks a trustee for money? And who would you rather have making that decision: your responsible adult child or a professional trustee? Choosing a trustee is one of the most important decisions you'll make during the estate planning process. But many people don't fully understand what they're asking someone to do or how complicated trust administration can become. In this episode of The Death Readiness Podcast: Not Your Dad's Estate Planning Podcast, estate planning attorney Jill Mastroianni sits down with longtime friend and trust advisor Alex Fisher for a behind-the-scenes look at how professional trustees manage trusts, evaluate distribution requests, and navigate the fiduciary responsibilities that come with managing someone else's assets. They discuss what happens when a beneficiary requests money for tuition, medical expenses, a car, or home improvements, why a trustee sometimes has to say no, and how those decisions can affect family relationships. You'll also learn what professional trustees consider before agreeing to serve, why naming your “responsible child” as trustee may come with hidden costs, and how thoughtful estate planning can give future trustees the flexibility to respond to circumstances you can't predict today. What You’ll Learn about Trustees and Trust Administration in this Episode
Resources & Links Alex Fisher Phone: 615.365.5281 www.linkedin.com/in/alexandria-s-fisher Watch on YouTube: https://youtu.be/rNnZAZUNibU Related Death Readiness Podcast Episodes
Get help with your Tennessee estate planning: https://www.deathreadiness.com/estate-planning-solution Take the Next Step with The Death Readiness Playbook Estate planning can feel overwhelming, especially when you don't know what you don't know. The Death Readiness Playbook is an educational guide and hands-on workbook that helps you understand the legal, financial, and practical considerations involved in preparing for incapacity and death. Through plain-English explanations, real-life examples, and practical worksheets, you'll learn what questions to ask, what decisions to consider, and how to organize the information your loved ones may someday need. Whether you're just beginning to think about estate planning or already have documents in place, the Playbook helps you take the next step. Explore The Death Readiness Playbook at https://www.deathreadiness.com/playbook Connect with Jill: · Website: https://www.deathreadiness.com/ · Email: jill@deathreadiness.com · Learn more about Jill’s services: https://www.deathreadiness.com/solutions · Subscribe to the Death Readiness Dispatch! https://www.deathreadiness.com/subscribe
Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 93: Why Your Pour-Over Will Won’t Avoid Probate | 25 Aug 2026 | 00:21:13 | |
Why a Revocable Trust Still Needs a Pour-Over Will You created a revocable trust as part of your estate planning to avoid probate. So why did your attorney also give you a Will? That Will is probably 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: assets passing under a pour-over Will have to go through probate first. In this episode of The Death Readiness Podcast: Not Your Dad's Estate Planning Podcast, estate planning attorney Jill Mastroianni explains how pour-over Wills work, why creating a revocable trust and funding a revocable trust are two very different things, and how the way you own your assets determines whether they'll avoid probate when you die. You'll learn why having a revocable living trust doesn't automatically mean your estate will avoid probate, how beneficiary designations and account ownership affect what happens to your property, and why a pour-over Will remains an important backup in many trust-based estate plans. The takeaway? If avoiding probate is one of your estate planning goals, don't just ask, "Do I have a trust?" Ask, "What happens to each of my assets when I die?" What You’ll Learn About Revocable Trusts, Pour-Over Wills, and Probate Why you still need a Will when you have a revocable trust. A pour-over Will is commonly included in estate planning packages that use a revocable living trust. It serves as a backup, directing assets that are subject to probate and haven't been transferred into your trust during your lifetime to the trust after your death. Why a pour-over Will doesn't avoid probate. Although a pour-over Will directs assets into your revocable trust, it doesn't automatically transfer them there. Assets passing under the Will must go through probate before they can be distributed to the trustee. The Will tells us where the assets should go, but it doesn't eliminate the legal process required to get them there. The difference between creating a revocable trust and funding it. Signing a trust agreement establishes the legal structure, but funding the trust means transferring ownership of assets into it or otherwise arranging for assets to pass to it. This is one of the most important distinctions in trust-based estate planning. Simply signing the documents doesn't guarantee that your assets will avoid probate. How to keep a bank account out of probate. Depending on your circumstances and estate planning goals, you may be able to retitle a bank account into your revocable trust or designate the trust as the account's payable-on-death (POD) beneficiary. These approaches can allow the account to pass outside probate, but they don't work in exactly the same way. Why trust ownership and beneficiary designations aren't interchangeable. When a bank account is owned by your revocable trust, your successor trustee may be able to manage the account if you become incapacitated, depending on the trust's terms. A payable-on-death designation, on the other hand, doesn't transfer ownership or management authority until death. Your estate planning decisions should account for what happens during your lifetime as well as after your death. What makes an asset subject to probate. An asset owned solely in your individual name at death, without a surviving joint owner, effective beneficiary designation, or another method of transferring ownership outside probate, may need to go through the probate process before it can pass to its next owner. Understanding which assets are probate assets is an important part of reviewing your estate plan. Why probate is like a bridge. Think of probate as the bridge that gets an asset from its deceased owner to its next owner. A pour-over Will can tell us where the asset should go after it crosses that bridge, but it doesn't eliminate the bridge itself. A properly funded revocable trust can allow certain assets to reach their intended beneficiaries without crossing that bridge. Why one forgotten asset doesn't necessarily mean your estate plan failed. Financial lives change. You might open a new bank account, change financial institutions, purchase property, or overlook an asset when funding your revocable trust. A pour-over Will provides a backup for assets that remain outside the trust, although probate is still necessary to transfer them. What happens if you die without a pour-over Will. If an asset is subject to probate and you don't have a valid Will directing where it should go, state intestacy laws generally determine who inherits it. That could produce a different result from the distribution plan you've established in your revocable trust. The estate planning question to ask about every asset you own. Rather than focusing exclusively on whether you have a Will or trust, consider how each asset is titled, whether it has a beneficiary designation, and what happens to it when you die. A well-coordinated estate plan considers the documents, the assets, and how ownership transfers at death. One Question to Ask When Reviewing Your Estate Plan What happens to each of my assets when I die? If you have a revocable trust, review your bank accounts, investment accounts, real estate, and other property to determine which assets are owned by your trust, which will pass through beneficiary designations, and which may still be subject to probate. A revocable trust can be an effective estate planning tool, but it only works as intended when the trust documents and the way you own your assets work together. 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 Get help with your Tennessee estate planning: https://www.deathreadiness.com/estate-planning-solution Take the Next Step with The Death Readiness Playbook Estate planning can feel overwhelming, especially when you don't know what you don't know. The Death Readiness Playbook is an educational guide and hands-on workbook that helps you understand the legal, financial, and practical considerations involved in preparing for incapacity and death. Through plain-English explanations, real-life examples, and practical worksheets, you'll learn what questions to ask, what decisions to consider, and how to organize the information your loved ones may someday need. Whether you're just beginning to think about estate planning or already have documents in place, the Playbook helps you take the next step. Explore The Death Readiness Playbook at https://www.deathreadiness.com/playbook Connect with Jill: · Website: https://www.deathreadiness.com/ · Email: jill@deathreadiness.com · Learn more about Jill’s services: https://www.deathreadiness.com/solutions · Subscribe to the Death Readiness Dispatch! https://www.deathreadiness.com/subscribe Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 92: Why Turning 18 Changes Everything in a Medical Crisis | 18 Aug 2026 | 00:16:30 | |
Why Your 18-Year Old Needs a Healthcare Power of Attorney Your child turns 18, but practically, not much may change. They may still live at home, be on your health insurance, and call you first when something goes wrong. Legally, though, they're an adult. And that can make a big difference if they experience a medical emergency. Can you access your 18-year-old's medical records? Can you speak with their doctors? Who has the legal authority to make healthcare decisions if your adult child is unable to make those decisions themselves? In this episode of The Death Readiness Podcast: Not Your Dad's Estate Planning Podcast, estate planning attorney Jill Mastroianni explains three important healthcare documents for young adults: a HIPAA authorization, a healthcare power of attorney, and a healthcare advance directive. Each document serves a different purpose. One addresses access to medical information. Another allows your adult child to choose someone to make healthcare decisions on their behalf. And the third provides an opportunity to document their wishes about medical treatment and end-of-life care. Whether your child is heading to college, starting a job, or still living at home, understanding these documents is an important first step in estate planning for young adults. What You’ll Learn About Healthcare Powers of Attorney and Advance Directives What legally changes when your child turns 18. Once your child becomes a legal adult, being their parent doesn't necessarily entitle you to their medical information or give you automatic authority to make healthcare decisions. Learn why turning 18 is an important time to discuss healthcare documents and medical decision-making. Why your 18-year-old may need a HIPAA authorization. Even if your adult child remains on your health insurance and you're paying their medical bills, that doesn't automatically give you access to their protected health information. A HIPAA authorization allows your child to identify the people who may receive specified medical information, subject to the authorization's terms and applicable law. What a healthcare power of attorney actually does. A healthcare power of attorney, sometimes called a medical power of attorney or healthcare proxy, allows your adult child to designate someone to make medical decisions on their behalf under the circumstances specified by state law and the document. Access to healthcare information and authority to make medical decisions are two different things. Why naming a healthcare agent isn't enough. Your child may authorize you to make medical decisions if they're unable to do so. But would you know what they wanted? Choosing a healthcare agent should also involve conversations about personal values, medical treatment preferences, and what matters most to the person receiving care. How a healthcare advance directive helps communicate medical wishes. An advance directive can document preferences about medical treatment during serious illness or at the end of life. Depending on the state's forms and laws, it may address CPR, life support, artificial nutrition, and other treatment decisions. These instructions can help guide the person making healthcare decisions when your child cannot speak for themselves. How to talk to your 18-year-old about healthcare documents. Instead of saying, “Sign these so I can still help you,” start by asking whom your child trusts to make decisions if they can't. Discuss what information they'd want that person to have and what they would want the person to understand about their wishes. Consider sharing your own healthcare documents and explaining the decisions you've made. What college students should know about healthcare powers of attorney. If your child attends college out of state, consider whether healthcare documents prepared under your home state's laws will be readily recognized where they attend school. State requirements vary, and completing additional forms may help avoid confusion during a medical emergency. What happens if your adult child doesn't have a healthcare power of attorney. Some states have laws identifying who may make healthcare decisions when a patient cannot make them and hasn't appointed an agent. In Tennessee, for example, a healthcare provider may need to identify an appropriate surrogate decision-maker. That process can become complicated when family members disagree or have different understandings of the patient's wishes. Why healthcare estate planning for young adults is about autonomy. Turning 18 gives your child the opportunity to decide who can receive their medical information, who should speak for them if necessary, and what that person should know about their wishes. A healthcare power of attorney, HIPAA authorization, and advance directive can help make those choices clear. Three Healthcare Documents to Discuss When Your Child Turns 18 1. HIPAA Authorization Who should be allowed to receive your adult child's protected medical information? 2. Healthcare Power of Attorney Who should have legal authority to make healthcare decisions if your adult child cannot make them? 3. Healthcare Advance Directive What should the person making those decisions understand about your adult child's wishes, values, and treatment preferences? These documents address different questions, and the terminology and legal requirements vary by state. In some states, a single advance directive form may combine the appointment of a healthcare agent with instructions about medical treatment. The goal is to help your adult child make informed decisions about their healthcare and ensure the people they trust have the information and authority they may need. 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/ Get help with your Tennessee estate planning: https://www.deathreadiness.com/estate-planning-solution Take the Next Step with The Death Readiness Playbook Estate planning can feel overwhelming, especially when you don't know what you don't know. The Death Readiness Playbook is an educational guide and hands-on workbook that helps you understand the legal, financial, and practical considerations involved in preparing for incapacity and death. Through plain-English explanations, real-life examples, and practical worksheets, you'll learn what questions to ask, what decisions to consider, and how to organize the information your loved ones may someday need. Whether you're just beginning to think about estate planning or already have documents in place, the Playbook helps you take the next step. Explore The Death Readiness Playbook at https://www.deathreadiness.com/playbook Connect with Jill: · Website: https://www.deathreadiness.com/ · Email: jill@deathreadiness.com · Learn more about Jill’s services: https://www.deathreadiness.com/solutions · Subscribe to the Death Readiness Dispatch! https://www.deathreadiness.com/subscribe Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 91: Why Reading the Will Looks Nothing Like in the Movies | 11 Aug 2026 | 00:20:59 | |
What Happens to a Will after Someone Dies? 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. But what actually happens to a Will after someone dies? Who gets a copy? Is the Will public record? And does the Will really tell you who inherits everything? In this episode of The Death Readiness Podcast: Not Your Dad's Estate Planning Podcast, estate planning and probate attorney Jill Mastroianni explains what happens to a Will after death, how the probate process works, and why the Hollywood version of a formal “reading of the Will” looks very different from real life. You'll learn the difference between heirs-at-law and beneficiaries, why being named Executor in a Will doesn't automatically give someone authority to administer an estate, and how a Will becomes part of the public probate court record. Jill also explains one of the most important concepts in estate planning: Your Will doesn't necessarily control everything you own. Assets with beneficiary designations, certain forms of joint ownership, and other methods of transferring property outside probate may pass directly to someone else, regardless of what your Will says. Understanding what happens to a Will after death can help you make better estate planning decisions while you're alive and know what to expect if you're responsible for administering someone's estate. What You’ll Learn about Wills, Estate Planning and Probate
One Question Worth Asking: Does my Will actually control the assets I think it controls? When reviewing your estate plan, consider how your major assets are owned and whether they have beneficiary designations. Your Will, trusts, account ownership, and beneficiary designations should work together to accomplish your estate planning goals. Knowing what your Will says is important but knowing what it actually does is even more important. Resources and Links Watch this episode on YouTube: https://youtu.be/OM5nvNSixqQ How Assets Pass at Death Infographic Episode 89: Why Your Original Will Matters More Than You Think Tennessee Estate Planning with Jill Mastroianni Take the Next Step with The Death Readiness Playbook Estate planning can feel overwhelming, especially when you don't know what you don't know. The Death Readiness Playbook is an educational guide and hands-on workbook that helps you understand the legal, financial, and practical considerations involved in preparing for incapacity and death. Through plain-English explanations, real-life examples, and practical worksheets, you'll learn what questions to ask, what decisions to consider, and how to organize the information your loved ones may someday need. Whether you're just beginning to think about estate planning or already have documents in place, the Playbook helps you take the next step. Explore The Death Readiness Playbook at https://www.deathreadiness.com/playbook Connect with Jill: · Website: https://www.deathreadiness.com/ · Email: jill@deathreadiness.com · Learn more about Jill’s services: https://www.deathreadiness.com/solutions · Subscribe to the Death Readiness Dispatch! https://www.deathreadiness.com/subscribe Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 90: Why You Shouldn't Add Your Child to Your Deed or Bank Account | 04 Aug 2026 | 00:19:26 | |
Should you add your child to your house deed or bank account? It sounds like a simple estate planning shortcut. Add your daughter's name to the deed so she inherits your home without probate. Make your son a joint owner of your bank account so he can help pay your bills if you become incapacitated. But adding an adult child to your deed or bank account can create legal and financial risks you never intended. Your home could become entangled in your child's divorce or creditor problems. A joint bank account owner has the ability to withdraw all the money. And the way you've arranged to transfer your assets after death could produce a very different inheritance than you intended. In this episode of The Death Readiness Podcast: Not Your Dad's Estate Planning Podcast, estate planning attorney Jill Mastroianni explains the risks of joint ownership and explores alternative estate planning tools, including revocable trusts, transfer-on-death deeds, payable-on-death and transfer-on-death designations, beneficiary designations, and financial powers of attorney. You'll learn when avoiding probate makes sense, how to plan for incapacity without giving away ownership of your assets, and why the simplest estate planning solution isn't always the safest one. Most importantly, Jill explains why every estate planning decision should begin with one question: What problem am I actually trying to solve? Because the right solution depends on whether your goal is avoiding probate, getting help managing your finances, planning for incapacity, or making sure your children inherit your property. What You’ll Learn about Joint Ownership, Estate Planning, and Avoiding Probate
Before You Add Your Child's Name to Anything Ask yourself what you're hoping to accomplish. If your goal is to avoid probate, consider whether a revocable trust, beneficiary designation, or appropriate deed might accomplish that goal. If your goal is to get help managing your finances, consider whether a financial power of attorney or revocable trust would provide the authority your child needs without making them a joint owner. If your goal is to make sure your children inherit your property, think about what happens if a child dies before you, becomes divorced, or has financial difficulties. Good estate planning starts with identifying the problem, not choosing the shortcut. The right estate planning documents and asset ownership arrangements should work together to accomplish your goals without creating unnecessary risks for you or your family. 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/ Get help with your Tennessee estate planning: https://www.deathreadiness.com/estate-planning-solution Take the Next Step with The Death Readiness Playbook Estate planning can feel overwhelming, especially when you don't know what you don't know. The Death Readiness Playbook is an educational guide and hands-on workbook that helps you understand the legal, financial, and practical considerations involved in preparing for incapacity and death. Through plain-English explanations, real-life examples, and practical worksheets, you'll learn what questions to ask, what decisions to consider, and how to organize the information your loved ones may someday need. Whether you're just beginning to think about estate planning or already have documents in place, the Playbook helps you take the next step. Explore The Death Readiness Playbook at https://www.deathreadiness.com/playbook Connect with Jill: · Website: https://www.deathreadiness.com/ · Email: jill@deathreadiness.com · Learn more about Jill’s services: https://www.deathreadiness.com/solutions · Subscribe to the Death Readiness Dispatch! https://www.deathreadiness.com/subscribe Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 89: Why Your Original Will Matters More Than You Think | 28 Jul 2026 | 00:13:49 | |
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
Resources & Links Watch this episode on YouTube: https://youtu.be/RIdWNpQemLQ Free Probate vs. Non-Probate Assets Infographic Need help with your Tennessee probate or estate plan? Visit https://www.deathreadiness.com/solutions Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 88: How to Overcome Estate Planning Jargon and Overwhelm | 21 Jul 2026 | 00:14:48 | |
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
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:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 87: How to Avoid Costly Mistakes After a Death | 14 Jul 2026 | 00:36:14 | |
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
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:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 86: Why I Won't Leave My Kids Cash | 07 Jul 2026 | 00:26:25 | |
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
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:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 85: What You Need to Know Before Editing Your Will | 30 Jun 2026 | 00:13:44 | |
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
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
Tennessee Cases Discussed
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:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 84: Why Your Power of Attorney Can't Do Everything | 23 Jun 2026 | 00:19:30 | |
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
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
Tennessee Estate Planning Services: https://www.deathreadiness.com/estate-planning-solution Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 83: What You Need to Know About Corporate Trustees | 16 Jun 2026 | 00:19:49 | |
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
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:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 82: How Creditors Can Delay a Probate Estate | 09 Jun 2026 | 00:19:11 | |
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
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:
Did you enjoy this episode? Share it with someone you care about.
Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 81: What You Need to Know About Estate Planning at 30 | 02 Jun 2026 | 00:18:06 | |
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:
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:
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:
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:
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:
Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 80: How to Prepare for Retirement Without Panic | 26 May 2026 | 00:37:38 | |
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
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:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 79: How Do You Know If Mom Can Still Sign | 19 May 2026 | 00:14:23 | |
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:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 78: How to Update Estate Planning After a Dementia Diagnosis | 12 May 2026 | 00:24:17 | |
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:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 77: How to Take Your Estate Plan Off Script | 05 May 2026 | 00:17:55 | |
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
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:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 76: Why your life insurance trust might not work | 28 Apr 2026 | 00:21:25 | |
New clients came in with two life insurance trusts—professionally drafted, signed, notarized, and organized in beautiful binders. There was just one problem: the trusts didn’t do anything. In this episode, Jill breaks down what an irrevocable life insurance trust (ILIT) is, when it actually makes sense, and how it fails when no one follows through. This is a real-life look at the gap between having documents and having an estate plan that actually works. What You’ll Learn in This Episode What an irrevocable life insurance trust (ILIT) actually does Why ILITs are primarily used to address estate tax The current federal estate tax exemption and why most people don’t need an ILIT The difference between estate tax and estate income tax (Form 706 vs. Form 1041) Why “setting up” a trust is not the same as “funding and administering” it The key questions to ask about any life insurance policy: Who owns it? Who is the beneficiary? Why an ILIT that isn’t connected to the policy is just a stack of paper What’s actually involved in creating and maintaining an ILIT How gift tax rules apply when funding a life insurance trust What Crummey letters are and why they matter Why serving as trustee is a real job, not just a title How the “trust recession” is changing the way people approach estate planning Resources & Links Watch this episode on YouTube: https://youtu.be/JaE0tkaacoU Episode 5, Why you shouldn’t worry about the estate tax: https://www.deathreadiness.com/podcast/why-you-shouldnt-worry-about-the-estate-tax Get your copy of The Death Readiness Playbook: www.deathreadiness.com/playbook Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 75: How Living Wills and Last Wills Get Confused All the Time | 21 Apr 2026 | 00:12:31 | |
A living will and a last will and testament sound similar but they do completely different jobs. In this episode, Jill breaks down the difference in plain English so you know what goes where and why it matters. She also walks through a recent Michigan court decision that changes how advance directives work and raises a bigger question: who gets to decide in a medical crisis? What You’ll Learn in This Episode Why these documents get confused. “Living will” and “last will” sound similar, but they operate at completely different times and serve different purposes. What a living will actually does
The role of a patient advocate
What changed in Michigan law (April 2026)
What a last will and testament does
The simplest way to think about it
Why this matters for your family
Resources & Links Watch this episode on YouTube: https://youtu.be/N4in8DLF7Mw Related Episode: How to Write Your Own Will and Why You Shouldn’t: https://www.deathreadiness.com/podcast/50 Submit a Question for Upcoming Guest Blair Martin (Financial Advisor): Email: jill@deathreadiness.com Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 74: How assets get lost after death and what to do | 14 Apr 2026 | 00:12:56 | |
When someone dies, there’s no master list of what they owned and no automatic system that pulls it all together. In this episode, Jill walks through what actually happens when families try to track down assets, why unclaimed property isn’t the safety net people think it is, and how a lack of organization can turn estate administration into a frustrating, years-long scavenger hunt. This is where estate planning meets real life and where most plans break down. What You’ll Learn in This Episode There is no central database of your assets. Death doesn’t come with a built-in inventory. When you die, your fiduciary has to piece everything together manually. Finding assets is one of the hardest parts of estate administration. Executors often start with tax returns to identify income-producing assets but that’s only a partial picture. Even professionals don’t have perfect tools. Asset-search platforms (like Trustate) can help, but they rely on incomplete databases and still require human follow-up. People, not systems, are often the biggest bottleneck. Accessing information frequently depends on whether someone is willing (or able) to respond, not whether the information exists. Unclaimed property is not a reliable backup plan. Assets only end up there if institutions know someone has died and can’t locate an owner and even then, it can take years. Estate planning isn’t just documents; it’s information sharing. Having a will or trust is not enough if no one knows what you own or where to find it. Your fiduciary can’t guarantee they’ll find everything. Even the most diligent executor can only follow leads. They can’t recover what they don’t know exists. Preparation reduces emotional and administrative burden. Organizing your assets now is one of the most practical ways to support your family later. Resources & Links Watch this episode on YouTube: https://youtu.be/_fNqrE306C8 The Death Readiness Playbook. A practical guide + worksheets to help you organize your assets and make estate administration easier for your family: https://www.deathreadiness.com/playbook Sunny Care Services (Mollie Lacher). Professional executor and personal representative services: https://sunnycareservices.com/ Trustate: https://www.trustate.com/ Pet Information Sheet: https://www.deathreadiness.com/pet-important-info-sheet Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 73: Why saying yes to serving as agent under a POA can backfire | 07 Apr 2026 | 00:16:50 | |
Agreeing to serve as an executor, trustee, or agent under a power of attorney often feels like the right thing to do but it’s also one of the most overlooked risks in estate planning. In this episode, Jill flips the perspective and walks through what you need to evaluate before you say yes to a fiduciary role in someone else’s estate plan. From compensation and liability to knowing when to step in and how to step out, this episode highlights the gap between estate planning documents and real-life execution. Because a well-drafted estate plan only works if the people named in it are set up to succeed. What You’ll Learn in This Episode Why saying “yes” to serving in an estate plan can create unexpected stress, conflict, and liability The five key questions to ask before agreeing to serve as executor, trustee, or agent under a power of attorney How estate planning documents often fail to prepare fiduciaries for real-world responsibilities Why estate planning isn’t just about documents; it’s about implementation Key Takeaways for Estate Planning 1. Serving in an Estate Plan Is a Job—Not a Favor. Acting as executor, trustee, or power of attorney requires time, decision-making, and accountability. Estate planning documents should clearly address compensation. If compensation isn’t defined, it can lead to tension, burnout, or refusal to serve. 2. Understand When Your Authority Begins. Powers of attorney are either immediate or springing. “Incapacity” must be clearly defined within the power of attorney document. Without clarity, fiduciaries are left navigating gray areas with banks, doctors, and family members. 3. Know How to Step Down. Estate planning should include a clear resignation process for fiduciaries. Questions to ask include: Who needs to be notified? Is a successor already named? Are you required to continue until replaced? 4. Protect Yourself from Liability. Serving in an estate plan carries real legal risk. Non-professional fiduciaries often lack insurance protection. Estate planning documents should include indemnification language to protect you. 5. You Need Information to Do the Job. Most people step into estate roles with little to no asset visibility. A strong estate plan includes asset inventories, clear instructions and ongoing updates. Resources & Links Watch this episode on YouTube: https://youtu.be/QGPDhEcvktg Limitation of Liability Language: I recognize that the Executor of my Estate may be an individual who is not a professional fiduciary. In order to induce such individual to serve in such capacity, I hereby direct that the assets of the Estate be used to indemnify and hold any individual non-professional fiduciary serving as Executor harmless with respect to any and all acts, except for fraud and bad faith of such individual in connection with (i) the administration of my Estate, and (ii) the investment of assets with respect to my Estate. Mollie Lacher’s services: https://sunnycareservices.com/our-services/ The Death Readiness Playbook: www.deathreadiness.com/playbook The Death Readiness Playbook Co-Branding: www.deathreadiness.com/playbookbranding Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 72: What You Can and Can’t Do with the Trust You Inherited | 31 Mar 2026 | 00:15:23 | |
Can you stop your child from inheriting money, even if the trust says they should? In this estate planning episode, we walk through a real-life scenario where a mother is trying to protect her son from receiving a large inheritance at the wrong time. Along the way, we break down how estate planning tools like trusts actually work in real life, what trustees can and can’t do, and why you can’t simply “use up” a trust to avoid passing money on. We also introduce a powerful (and often overlooked) tool, a power of appointment, that might allow you to adjust what happens next, even when a trust is irrevocable. Because sometimes the plan is set… but not completely locked. What You’ll Learn about Estate Planning Why estate planning often includes trusts, even for families who don’t consider themselves wealthy What a trustee does and what fiduciary duty really means How the HEMS standard (health, education, maintenance, and support) shapes trust distributions in estate planning Real-life examples of what trusts allow, and don’t allow, when it comes to distributions Why you can’t “spend down” a trust to avoid passing assets in an estate plan How estate planning balances the needs of current and future beneficiaries What “irrevocable” means in estate planning, and where flexibility may still exist What a power of appointment is and how it functions within an estate plan The difference between a limited and general power of appointment in trusts Why exercising a power of appointment requires proper legal execution How estate planning can be adapted to better protect vulnerable beneficiaries Resources & Links Watch this episode on YouTube: https://youtu.be/YBOGjuhJkyA Estate Plan Audit: Understand your existing estate planning documents and how they actually work in real life: https://deathreadiness.com/audit Examples of powers of appointment: Limited Power of Appointment. Upon the Child’s death, the Child shall have the power, exercisable only by specific reference in such Child's valid Last Will and Testament or Qualified Revocable Trust, to appoint the income and principal of the Child's trust as they exist upon my Child’s death, in whole or in part, to or for the benefit of one or more of the descendants of my father, John Smith, and one or more of the descendants of my spouse’s father, Robert Carpenter, in such amounts and proportions, and on such terms and conditions, either outright or in trust, as the Child may direct, provided, this power shall not be exercised in favor of the Child, the Child's creditors, the Child's estate, creditors of the Child's estate, or in any manner that would result in any economic benefit to the Child. To the extent the Child does not exercise this testamentary limited power of appointment, the remaining assets of the Child’s Trust shall be administered as provided, below, following the Child’s death. General Power of Appointment. Upon the beneficiary’s death, the beneficiary shall have the power, only by specific reference to this power in the beneficiary’s valid Last Will and Testament, to appoint such portion or all of the assets otherwise distributable from such trust, to the beneficiary’s creditors, the creditors of the beneficiary’s estate, and the beneficiary’s estate. To the extent the beneficiary does not exercise this general power of appointment, the remaining assets of the trust shall be administered as provided, below, following the beneficiary’s death. Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 71: Why That Retirement Account May Not Go Where You Think | 24 Mar 2026 | 00:14:02 | |
What happens if you don’t name a beneficiary on your retirement account? Most people assume it goes to the estate. But that assumption can be dangerously wrong. In this episode, Jill walks through a real case where getting this wrong would have cost a surviving spouse more than $300,000, and explains what actually controls the outcome in your estate planning. What You’ll Learn in This Episode Why retirement accounts don’t follow your estate planning documents. Retirement accounts are generally non-probate assets if beneficiary designations are used, meaning they pass outside of your Will and traditional estate planning structure. The beneficiary designation controls. The estate planning mistake people (and professionals) make. Most people assume that if no beneficiary is named, the account automatically becomes part of your probate estate. In reality, the estate planning outcome depends on the plan agreement. Why “that’s just how it works” can derail your estate plan. When it comes to estate planning, assumptions can be expensive. The better question is:“How do we know that?” How intestate succession impacts your estate plan. If assets flow through your estate without a Will, state law controls distribution, often producing outcomes that don’t align with your intended estate planning goals. What effective estate planning actually looks like. Estate planning isn’t just documents—it’s understanding what controls each asset, asking better questions, and verifying the details instead of relying on assumptions. Resources & Links Watch the podcast on YouTube: https://youtu.be/nzQsb2bo9JY The Death Readiness Playbook (2nd Edition) Weekly Newsletter (Estate Planning Insights) Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 70: Why Giving Money Can Do More Harm Than Good | 17 Mar 2026 | 00:19:33 | |
A viral GoFundMe campaign for a DooDash delivery driver reminds us that generosity, while beautiful, can have unintended consequences. In this episode, Jill walks through real-life examples from her law practice to explain how giving money, especially to someone receiving government benefits, can sometimes do more harm than good. Thoughtful generosity often requires slowing down and understanding the full picture. What You’ll Learn in This Episode Why good intentions aren’t always enough. Even well-meaning financial help can create serious legal and financial consequences when government benefits like Medicaid are involved. What “means-tested benefits” actually means. Programs like Medicaid require recipients to stay below strict income and asset limits to qualify and remain eligible. How a financial gift can backfire. A lump sum (like GoFundMe proceeds) count as income in the month received. If retained, the lump sum becomes a resource in the following month. Both an increase in income and an increase in resources can push someone over eligibility limits and cause a loss of government benefits The real cost of “help.” A $10,000 gift could trigger loss of coverage and result in tens of thousands of dollars in out-of-pocket medical or nursing home costs. Why Medicaid eligibility is not “set it and forget it.” Eligibility is reviewed regularly, and changes in income or assets can trigger reassessment or penalties. How small details can cause big problems. Even something like a life insurance policy structured incorrectly can jeopardize benefits eligibility. The hidden questions behind sudden wealth. When someone receives a large sum of money: (i) Can they manage it responsibly? (ii) Are they protected from scams or pressure to give or loan money? (iii) Do they have an estate plan in place? The core principle: “First, do no harm.” Sometimes the most compassionate action is to pause, ask questions, and ensure your help actually helps. Resources & Links Brittany and Richard’s News Clip on YouTube: https://www.youtube.com/watch?v=wnYmQH4Ivv4 Brittany’s GoFundMe campaign for Richard’s benefit: https://www.gofundme.com/f/give-richard-a-chance-to-rest-again Episode 20: What You Need to Know about Medicaid and Protecting Your Mom’s House: https://www.deathreadiness.com/podcast/episode-20-what-you-need-to-know-about-medicaid-and-protecting-your-moms-house Jill’s Tennessee Estate Planning Solution: Estate Planning Solution — Death Readiness Subscribe to Jill’s email newsletter: Subscribe — Death Readiness Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 69: Why Estate Plans Fail Adult Children | 10 Mar 2026 | 00:21:04 | |
Your parents paid thousands of dollars for a revocable trust but none of the assets were ever transferred into it. Did their estate planning attorney make a mistake? In this episode of The Death Readiness Podcast, Jill Mastroianni explains what it actually means to fund a trust, why this step is essential for the plan to work, and who is typically responsible for doing it. She also walks through a real-world example showing how failing to fund a trust can cost families hundreds of thousands of dollars in probate fees and create a huge administrative burden for adult children. More importantly, Jill highlights the hidden emotional cost when estate planning work falls on family members instead of being handled during the parent’s lifetime. What You’ll Learn in This Episode What “Funding a Trust” Actually Means. A trust agreement by itself does not control your assets. For the trust to work, assets must be retitled in the name of the trust. If assets remain titled in an individual’s name, they may still go through probate, even if a trust exists. Why People Create Revocable Trusts. Revocable trusts are commonly used for two main purposes:(1) Asset Management During Life--A trust allows a successor trustee (often an adult child) to step in and help manage finances if the creator of the trust becomes ill or cognitively impaired, and (2)Avoiding Probate --Assets properly titled in a trust can pass directly to beneficiaries without going through the court-supervised probate process. Why Trust Funding Gets Overlooked. Many families believe their estate plan is finished once the documents are signed. But drafting the estate planning documents and implementing the estate plan are two different steps. Common reasons funding doesn’t happen include: clients assume the attorney handles everything, attorneys expect the client to complete the transfers, financial institutions make the process difficult, and the administrative work simply gets postponed. The Emotional Cost for Adult Children. Adult children often end up acting as: administrative assistants, financial coordinators, and the ones responsible for communicating with customer service representatives at banks and insurance companies, all while balancing their own work, families, and responsibilities. Good estate planning should reduce that burden, not create it. Who Should Handle Trust Funding? Attorneys typically draft the documents, but they may not handle the administrative work of transferring every asset in the trust. Funding a trust often involves contacting financial institutions, completing transfer paperwork, updating beneficiary designations, retitling property, and coordinating insurance policies. Because this work is time-consuming, Jill recommends working with a specialist who focuses on trust funding. Jill recommends Mollie Lacher at Sunny Care Services, LLC: https://sunnycareservices.com/ Simplifying Your Financial Life. Jill also recommends simplifying financial accounts. Having assets spread across multiple institutions can make trust funding, and future management, much harder. Working with a financial advisor and consolidating accounts can help reduce administrative complexity, ensure required minimum distributions are handled correctly, and make it easier for a successor trustee or family member to step in if needed. Jill recommends Blair Martin at RW Baird: https://lexingtondt.bairdwealth.com/team/blair-c-martin Resources & Links Episode 38, Why You Need (or Don’t Need) a Will in the show notes: https://www.deathreadiness.com/podcast/why-you-need-or-dont-need-a-will 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 Mollie Lacher, Sunny Care Services, LLC: https://sunnycareservices.com/ Blair Martin, RW Baird: https://lexingtondt.bairdwealth.com/team/blair-c-martin Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 68: Why Good Powers of Attorney Still Fail | 03 Mar 2026 | 00:20:59 | |
Most people think signing a power of attorney is the hard part but the real challenge is making sure it actually works when someone you love needs to use it. In this episode, Jill shares a real-life story of a daughter trying to help her mother and running into unexpected roadblocks with a bank, even though the legal documents were properly signed years earlier. You’ll learn why “good” estate planning can still fail in the real world and the five practical steps you can take now to reduce friction later. This episode is about moving from legal theory to real-life implementation because Death Readiness isn’t just paperwork; it’s making sure your plan works when life gets messy. What You’ll Learn in This Episode First: Understanding the Basics
Real-World Lesson: Why Good Documents Still Hit Roadblocks
Jill’s Five Real-World Power of Attorney Tips #1 Make effectiveness obvious. Clearly state when the power of attorney becomes effective so no one is guessing in a high-stress moment. #2 Include Third-Party Reliance language. Help banks and financial institutions feel protected when they rely on your document. #3 Get your power of attorney on file early. Don’t wait for a crisis. Ask each financial institution what they need now. And be careful:
#4 Meet banks where they are. Banks are cautious for a reason. Proactive conversations and appointments before a crisis can prevent future delays. #5 Refresh documents periodically. Even if nothing changes, updated documents often feel more reliable to third parties and can reduce resistance. Resources & Links Episode 17, How Powers of Attorney Work, When to Use Them, and When It’s Too Late to Get One Power of Attorney – Third Party Reliance Section: https://drive.google.com/file/d/1PlbNW7Ty4VUxgvrRgOnVoGQJDnoc6hol/view?usp=drivesdk Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 67: How to Give Without Jeopardizing Government Benefits | 24 Feb 2026 | 00:18:13 | |
A grandmother wants to divide her wealth equally among her grandchildren — but one grandchild has Down syndrome, and a simple gift could unintentionally jeopardize eligibility for important government benefits. In this Tuesday Triage episode, Jill walks through required minimum distributions (RMDs), why “equal” doesn’t always mean “fair,” and how thoughtful planning protects both generosity and long-term support. You’ll learn how special needs planning tools like ABLE accounts and third-party special needs trusts help families give with love without causing unintended consequences. What You’ll Learn in This Episode The Real Question Behind the Gift. Why a grandmother’s desire to treat grandchildren equally can create hidden risks, how generosity and fairness sometimes require different planning strategies, and the importance of slowing down before writing checks. Understanding Required Minimum Distributions (RMDs). What an RMD actually is and why age 73 matters, how the IRS calculates your RMD using life expectancy tables, and the difference between a traditional IRA and a Roth IRA when it comes to RMD rules. Family Dynamics Most People Skip. Why conversations with parents matter before giving money to grandchildren, common emotional expectations that quietly attach themselves to gifts, how financial gifts can create tension between generations, even when well intended, and alternatives to cash gifts that still feel meaningful Accounts for Minors Explained Simply. What a 529 account is and when it makes sense, the difference between UTMA and UGMA accounts, and why custodial accounts legally belong to the child. Special Needs Planning Essentials. What “means-tested benefits” actually means,why direct gifts can unintentionally reduce or eliminate SSI or Medicaid eligibility, how eligibility thresholds work and why even temporary increases matter, and the long-term consequences of well-intentioned gifts. Tools That Help Families Give Safely Third-party special needs trusts. Funded by parents or grandparents and assets don’t count against benefits. when properly drafted ABLE accounts. What ABLE stands for (Achieving a Better Life Experience), how these accounts allow savings for individuals with disabilities, 2026 contribution limits and key restrictions, and why coordination with parents is crucial. The Bigger Lesson. Why communication matters as much as the money itself, how mismatched expectations can create family conflict, andwhy thoughtful planning is an act of love, not just a legal exercise. Resources & Links Tennessee Estate Planning Services with Jill Mastroianni: https://www.deathreadiness.com/estate-planning-solution Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 66: Why Small Acts of Care Matter More Than You Think | 20 Feb 2026 | 00:13:21 | |
In this Friday episode, Jill shares the unexpected lessons she’s learning from fostering a puppy named Boots, and how chaos, inconvenience, and small acts of care reveal what agency really looks like. Through stories about raising a guide dog puppy as a child, parenting, and estate planning, this episode reframes death readiness as something much more human: choosing small, meaningful actions even when the outcome isn’t guaranteed. What You’ll Learn in This Episode Agency isn’t always big or visible. Sometimes it looks like fostering one dog, making one appointment, or organizing one folder, small actions that still move life forward. Discomfort is often part of meaningful care. Whether it’s fostering a puppy or updating your estate planning documents, the things that matter most are often inconvenient, and worth it anyway. Preparation creates power. Jill reflects on responding to overwhelming world events by returning to what she knows best: knowledge, planning, and helping others feel more prepared. What we model matters. Fostering Boots becomes a way for Jill to show her daughter that small acts still have value, even if they don’t change the whole world. Estate planning and fostering share surprising parallels. Both require patience, emotional risk, and planning for a future you may not personally see. You don’t have to enjoy something for it to be important. Jill compares updating her records to running: she never regrets doing it, even when she doesn’t feel like starting. Small acts compound into legacy. The episode reminds listeners that legacy is built through consistent, imperfect, everyday decisions, not grand gestures. Resources & Links Detroit Dog Rescue: https://detroitdogrescue.com/ Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 65: Why You Should Beware of Tax Advice Via Social Media | 17 Feb 2026 | 00:21:56 | |
A viral Instagram reel claims California’s Proposition 19 “hijacks your kids’ inheritance.” In this Tuesday Triage episode, Jill walks through the facts behind the fear. Using a real-world example, she explains how California property taxes actually work, what changed under Proposition 19, and why federal tax rules like step-up in tax basis still protect many beneficiaries. This episode is about slowing down, adding context, and replacing social-media sound bites with real understanding. What You’ll Learn in This Episode Why estate-planning advice from social media can be misleading without context The difference between property taxes and capital gains taxes How Proposition 13 created predictable property-tax increases in California What Proposition 19 changed about parent-to-child property transfers How reassessment works when real estate is inherited The primary residence exception under Proposition 19 Filing requirements for the parent-child reassessment exclusion Why step-up in tax basis remains a powerful tax benefit when inheriting property Financial options after inheriting a home, including selling or renting What property taxes actually fund in local communities Resources & Links Tennessee Estate Planning Services: https://www.deathreadiness.com/estate-planning-solution True Hustle Podcast YouTube Clip re: Proposition 19: Start at 2:35 https://www.youtube.com/watch?v=Az1bbDbiYRo Proposition 19: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200ACA11 Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 64: How to be Fair to Your Children in Your Estate Plan | 10 Feb 2026 | 00:18:27 | |
What happens when you give one child a house during your lifetime but want to keep your estate plan “equal” later? In this Tuesday Triage episode, Jill answers a listener question about lifetime gifts, equalizing inheritances, and how beneficiary designations can complicate even the best intentions. Through practical examples, Michigan law, and a real court case, this episode explains why documentation matters when fairness between children is at stake. What You’ll Learn in This Episode
Resources & Links Sample provision equalization clause: https://drive.google.com/file/d/1sl10acDgZ9hxhwxJGHO17NYbB9DE633A/view?usp=drivesdk Episode 59: Why Selling the Lake House Can Rewrite Your Will: https://www.deathreadiness.com/podcast/59 Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 63: Why Knowing Your Rights Isn't Enough | 06 Feb 2026 | 00:31:45 | |
After her daughter attends a student-organized ICE protest at school, Jill steps back to examine the legal framework behind immigration enforcement, protest, and constitutional rights. This episode walks through what ICE can and cannot legally do, how the Fourth, Fifth, Sixth, and Second Amendments apply in real-world encounters, and why preparation matters even when you understand your rights. The goal isn’t to tell listeners what to do; it’s to help them understand the law well enough to make informed decisions in uncertain moments. Key Takeaways Understanding ICE and local cooperation
Sensitive locations and changing enforcement policy
The Fourth Amendment protects everyone, citizens and non-citizens, from unreasonable searches and seizures. Key distinctions:
Important differences:
Reasonable suspicion vs. probable cause
Warrantless arrests and the 2026 ICE memo
The Fourth Amendment also regulates how arrests are carried out, including use of force. Courts evaluate the severity of the suspected crime, the immediate threat to officers or others, and whether the person is resisting or fleeing. Force is unconstitutional when it is objectively unreasonable under the circumstances. This episode also explores:
These protections apply broadly, including to undocumented immigrants, because the Constitution protects persons, not just citizens. Constitutional safeguards shape what happens after legal encounters begin — but they do not eliminate risk. Preparation can reduce chaos in difficult situations. Practical steps include organizing identification and legal documents, sharing document access with a trusted person, memorizing an attorney’s phone number, and creating a care plan for children if detention or deportation occurs. Resources & Links National Immigration Law Center: Judicial Warrant v. Immigration Warrant.pdf - Google Drive Immigrant Safety Plan (Legal Counsel for Youth and Children): Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 62: How Geography Can Wreck Your Estate Plan | 03 Feb 2026 | 00:22:48 | |
Where you live can cost, or save, your estate hundreds of thousands of dollars. In this Tuesday Triage episode, Jill Mastroianni breaks down a listener question about estate taxes, domicile, and owning property in multiple states. Using a real-world scenario involving Washington, D.C., Maine, Georgia, and Kentucky, Jill explains how state estate and inheritance taxes actually work, why domicile is more than just a mailing address, and where people get tripped up when geography and estate planning collide. This episode helps separate fear from facts so you can make informed decisions about where, and how, you live. What You’ll Learn in This Episode
Resources & Links Change of Domicile Checklist: https://www.deathreadiness.com/domicile-change-checklist Episode 5: Why You Shouldn’t Worry About the Estate Tax: https://www.deathreadiness.com/podcast/why-you-shouldnt-worry-about-the-estate-tax 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 Get organized with The Death Readiness Playbook: Submit a question for a future Tuesday Triage episode: Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 61: How to Avoid Mistakes with Debt After Death | 27 Jan 2026 | 00:18:46 | |
When someone dies, their bills don’t generally become yours, but the wrong step can make them yours. In this episode, Jill Mastroianni breaks down what really happens to debt after death, when you can walk away, when you can’t, and why the order in which you pay bills matters more than the amount you owe. Using a real client story, listener Tracy’s question from Virginia, and clear legal examples, Jill explains how fear, grief, and misinformation lead people to pay debts they don’t legally owe, and how to protect yourself instead. What You’ll Learn in This Episode 1. The general rule: You are not personally responsible for a loved one’s debts, even if you’re the surviving spouse. That doesn’t mean the estate isn’t responsible. It just means creditors usually can’t come after your money. 2. The four exceptions that can make you personally liable. You may be responsible if: (i) You co-signed the debt, (ii) You are a joint account holder (not just an authorized user), (iii)You’re a surviving spouse in a “Doctrine of Necessaries” state, or (iv) You’re a surviving spouse and you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin) 3. Student loans: what dies and what doesn’t. Federal student loans are discharged at death. Private student loans depend on the contract. Private student loan co-signers may be released on the death of the student borrower only if the loan was signed on or after November 20, 2018. 4. Why even “non-probate” accounts can be pulled back. In Virginia, joint and P.O.D. accounts can still be used to pay estate debts if probate assets run out. This means “avoiding probate” does not always mean “protected from creditors.” 5. Who gets paid first when there’s not enough money. Each state sets a strict priority order. Resources & Links The Death Readiness Playbook: www.deathreadiness.com/playbook Code of Virginia § 64.2-528. Order in which debts and demands of decedents to be paid. Code of Virginia § 6.2-611. Liability of surviving party for debts and other liabilities of decedent's estate. Code of Virginia § 64.2-309. Family allowance. Code of Virginia § 64.2-310. Exempt property. Code of Virginia § 64.2-311. Homestead allowance. Discharge Due to Death | Federal Student Aid Economic Growth, Regulatory Relief, and Consumer Protection Act. Public Law 115–174—MAY 24, 2018, 132 STAT. 1296 Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 60: What You Need to Know When Justice Feels Out of Reach | 23 Jan 2026 | 00:33:24 | |
What happens when someone is killed by a federal officer—and no criminal investigation follows? In this episode, Jill connects Dr. Martin Luther King, Jr.’s final words to the modern-day death of Renée Good, then walks through the legal doctrines that shape accountability in the United States. You’ll learn how immunity works, why investigations matter, and what legal paths, however limited, may still exist when the system feels silent. What You’ll Learn in This Episode Why Dr. King’s final speech still speaks to moments of national confusion and grief The story of Renée Good and why the absence of an investigation changes everything What absolute immunity is and why it protects certain government functions How immunity is tied to roles and actions, not people What 42 U.S.C. § 1983 is and when it can be used How qualified immunity makes civil accountability nearly impossible in many cases Why criminal accountability depends on investigation How the George Floyd case differs from Renée Good’s case What supremacy clause immunity means for state prosecution of federal officers Why complete evidence, not opinions or video clips, determines whether a case can move forward How the Federal Tort Claims Act may offer one limited civil path for families Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 59: Why Selling the Lake House Can Rewrite Your Will | 20 Jan 2026 | 00:16:10 | |
A listener in Michigan asks what happens when her Will leaves a lake house that she sold years ago. Jill breaks down how Michigan law treats the sale of specifically gifted property, why the gift doesn’t disappear the way it would under traditional ademption rules, and how that one missing update can unintentionally shift millions of dollars and destroy family relationships. What You’ll Learn in This Episode
Resources & Links Michigan Estates & Protected Individuals Code, Section 700.2606 (Specific devises; nonademption rules) Purchase The Death Readiness Playbook: https://www.deathreadiness.com/playbook Connect with Jill:
Did you enjoy this episode? Share it with someone you care about.
Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 58: How Business Interests Create Estate Planning Blind Spots | 13 Jan 2026 | 00:22:31 | |
A beautiful estate planning binder doesn’t mean your plan is complete, especially when business interests or stock grants are involved. In this Tuesday Triage episode, Jill Mastroianni unpacks a listener question about distributing a family business in a blended family and uses it to expose one of the most common estate-planning blind spots: assumptions about ownership. Through real-world examples and practical guidance, Jill walks listeners through how to identify who actually owns a business interest, what that ownership really means, and why these details matter long before a crisis forces the issue. What You’ll Learn in This Episode Why business interests and stock grants are often the weakest link in an otherwise solid estate plan How a “perfect” estate planning binder can still be full of gaps Why contributing money to a business does not automatically mean you own the business interest How to use tax documents like Schedule K-1s and Form 1099-DIVs to identify ownership The difference between pass-through entities and C corporations, and why that matters How buy-sell agreements work in family businesses and how life insurance funds them A practical starting point for gathering reliable business information using the Secretary of State’s records Resources & Links The Death Readiness Playbook. A practical system to help you translate documents into real-world readiness and fill in the gaps that estate plans often miss. https://www.deathreadiness.com/playbook Tennessee Secretary of State – Business Entity Search. Use this link to look up entity details and historical filings): https://tncab.tnsos.gov/business-entity-search Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 57: How Poor Estate Planning Cost a First Lady Her Home | 09 Jan 2026 | 00:25:15 | |
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. What You’ll Learn in This Episode Having documents isn’t the same as having an effective estate plan. James Polk had a will, and a trust but unrealistic assumptions and expectation still led to a will contest. A life estate is not ownership. Sarah Polk had the right to live in Polk Place for her lifetime, but she did not own it. That distinction determined everything that happened next. How property is titled controls what happens at death. The deed to Polk Place showed sole ownership in James Polk’s name, which gave him the power to dictate what happened at his death. Trusts fail when trustees never agreed to serve. Polk assumed the State of Tennessee would act as trustee without evidence the state ever accepted that role. Poor estate planning risks more than money. The real loss wasn’t just a house; it was history, continuity, and the ability to honor lived relationships. Resources & Links The Preamble Podcast, hosted by Sharon McMahon: Sarah Polk’s Power Behind the Presidency Lady First: The World of First Lady Sarah Polk by Amy S. Greenberg The Death Readiness Playbook. A practical guide to understanding what you have, how estate planning actually works, and where plans commonly fall apart: https://www.deathreadiness.com/playbook Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 56: Why You Should Question the Estate Planning Expert | 06 Jan 2026 | 00:16:35 | |
What happens when an estate plan is technically correct—but doesn’t quite work in real life? In this Tuesday Triage episode, Jill shares a moment from a client meeting where one simple, common-sense question changed an entire estate plan. Through a personal story and a real client scenario, she breaks down the differences between trusts and powers of attorney, and explains why questioning the expert can lead to a plan that actually works when it matters most. This episode is about trusting your instincts, understanding your options, and remembering that estate planning is supposed to serve real people, not just legal theory. What You’ll Learn in This Episode
Resources & Links Episode 19:Why You Need (or Don’t Need) a Trust. A deeper dive into when revocable trusts make sense—and when they don’t. Episode 17:How Powers of Attorney Work, When to Use Them, and When It’s Too Late to Get One. A practical explanation of financial powers of attorney and how they function in real life. The Death Readiness Playbook A step-by-step system to help you organize information, understand your documents, and identify gaps before a crisis forces decisions. Learn more at deathreadiness.com/playbook Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 55: Why Disinheritance Can Be the Riskiest Estate Plan | 30 Dec 2025 | 00:22:11 | |
Disinheritance is often viewed as a clean solution to a painful family problem—but in reality, it can create far more conflict, litigation, and long-term harm than people expect. In this Tuesday Triage episode, Jill Mastroianni unpacks what disinheritance actually means, when it tends to arise (often after emotionally charged family gatherings), and why cutting someone out entirely is frequently the riskiest estate-planning move. Through a realistic scenario involving addiction and sibling dynamics, Jill explains how trusts, professional fiduciaries, and no-contest clauses can offer protection without tearing families apart. This episode is about slowing down, thinking clearly, and making estate-planning decisions that protect all of your children. What You’ll Learn in This Episode
Resources & Links
Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 54: How to Build a Legacy That’s Not About Money | 26 Dec 2025 | 01:10:12 | |
What You’ll Learn in This Episode ·What raising a child with special needs looked like in the 1970s, when there was no internet, limited resources, and little institutional support ·Why early intervention matters, and how one supportive professional can change the trajectory of an entire family ·How advocacy shows up in everyday moments, from fighting for inclusion in neighborhood schools to pushing back when institutions say “there’s no place for your child.” ·Why mainstreaming and community inclusion matter, not just academically, but socially, and how being known in a community can protect and empower a child. ·What independence can look like for an adult with special needs, including living in a group home, working, maintaining friendships, and making decisions about one’s own life. ·How group homes actually work, including funding, staffing, waitlists, and the realities families face as caregivers age. ·Why planning for the future is essential, especially when parents won’t always be around, and how special needs trusts fit into that picture. ·How individuals with special needs experience grief, relationships, and emotional loss, often more deeply than people assume. ·Why legacy isn’t just about money, but about advocacy, adaptability, and the quiet, persistent work of love over decades. Resources & Links Center for Disability Services: Residential Services Center for Disability Services 314 South Manning Blvd. The Center for Disability Services is a nonprofit organization in New York that provides comprehensive support and services for individuals with disabilities. The Center played a crucial role in securing supportive housing and care for Dan. Through its commitment to inclusion and individualized care, the Center continues to provide essential resources that empower individuals with disabilities to lead fulfilling lives. Gerald B. Healy, MD, FACS was an ear, nose, and throat specialist at Children’s Hospital in Boston who played a critical role in saving Dan’s life. Dan suffered from severe respiratory issues as a toddler—issues that local doctors were unable to diagnose. Dr. Healy identified that Dan’s airway was dangerously small due to enlarged tonsils and adenoids and recommended immediate surgery. Kids Like These is a 1987 TV movie that tells the story of a couple who has a baby with Down syndrome. The script was co-written by Emily Perl Kingsley, a well-known advocate for individuals with disabilities, along with Allan Sloane. Kingsley, whose own son, Jason Kingsley, has Down syndrome, infused the film with real-life experiences to highlight the struggles and triumphs of parenting a child with special needs. One notable detail from the movie was inspired by Dan’s mother, who once shared a story with Emily Perl Kingsley about Dan being denied a library card because he couldn’t sign his name. This real-life event was later referenced in the film, illustrating the systemic barriers faced by individuals with disabilities and the importance of advocacy. Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||
| 53: Why that holiday “thank you” might be taxable | 23 Dec 2025 | 00:22:42 | |
What You’ll Learn in This Episode Why gifts in the context of work relationships are generally taxable income to the recipient, even when labeled as “holiday gifts” The key difference between gifting to family (federal gift tax rules) and gifting in an employment or business context (income tax rules) Why holiday cash gifts do not qualify as de minimis fringe benefits, and why gift cards are treated as cash equivalents What employee achievement awards are, why cash doesn’t qualify, and how strict the requirements really are, including dollar limits and “meaningful presentation” rules How gifts to someone who is both family and employee are analyzed, and why intent and context matter more than labels Why gifts tied to service, loyalty, or length of employment are treated as compensation, even when they feel heartfelt How the Supreme Court’s decision in Commissioner v. Duberstein (1960) still governs whether a transfer is a true gift or taxable income What can happen in estate planning when bequests to employees are framed as thanks for service—and how wording can change tax outcomes for beneficiaries Resources & Links Episode 46: How to Give Money Without Triggering Gift Tax Commissioner v. Duberstein, 363 U.S. 278 (1960) The Death Readiness Playbook - A practical, guided system for organizing information, making decisions, and turning good intentions into real clarity www.deathreadiness.com/playbook See Internal Revenue Code Sections below. Connect with Jill:
Did you enjoy this episode? Share it with someone you care about. Internal Revenue Code Sections 26 U.S. Code § 102(a) General rule. Gross income does not include the value of property acquired by gift, bequest, devise, or inheritance. 26 U.S. Code § 102(c) Employee gifts (1) In general Subsection (a) shall not exclude from gross income any amount transferred by or for an employer to, or for the benefit of, an employee. (2) Cross references For provisions excluding certain employee achievement awards from gross income, see section 74(c). For provisions excluding certain de minimis fringes from gross income, see section 132(e). 26 U.S. Code §274(j) Employee achievement awards (1) General rule No deduction shall be allowed under section 162 or section 212 for the cost of an employee achievement award except to the extent that such cost does not exceed the deduction limitations of paragraph (2). (2) Deduction limitations The deduction for the cost of an employee achievement award made by an employer to an employee— (A) which is not a qualified plan award, when added to the cost to the employer for all other employee achievement awards made to such employee during the taxable year which are not qualified plan awards, shall not exceed $400, and (B) which is a qualified plan award, when added to the cost to the employer for all other employee achievement awards made to such employee during the taxable year (including employee achievement awards which are not qualified plan awards), shall not exceed $1,600. (3) Definitions For purposes of this subsection— (A) Employee achievement award (i) In general The term “employee achievement award” means an item of tangible personal property which is— (I) transferred by an employer to an employee for length of service achievement or safety achievement, (II) awarded as part of a meaningful presentation, and (III) awarded under conditions and circumstances that do not create a significant likelihood of the payment of disguised compensation. (ii) Tangible personal property For purposes of clause (i), the term “tangible personal property” shall not include— (I) cash, cash equivalents, gift cards, gift coupons, or gift certificates (other than arrangements conferring only the right to select and receive tangible personal property from a limited array of such items pre-selected or pre-approved by the employer), or (II) vacations, meals, lodging, tickets to theater or sporting events, stocks, bonds, other securities, and other similar items. 26 U.S. Code §74(c) Exception for certain employee achievement awards (1) In general Gross income shall not include the value of an employee achievement award (as defined in section 274(j)) received by the taxpayer if the cost to the employer of the employee achievement award does not exceed the amount allowable as a deduction to the employer for the cost of the employee achievement award. (2) Excess deduction award. If the cost to the employer of the employee achievement award received by the taxpayer exceeds the amount allowable as a deduction to the employer, then gross income includes the greater of— (A) an amount equal to the portion of the cost to the employer of the award that is not allowable as a deduction to the employer (but not in excess of the value of the award), or (B) the amount by which the value of the award exceeds the amount allowable as a deduction to the employer. The remaining portion of the value of such award shall not be included in the gross income of the recipient. (3) Treatment of tax-exempt employers. In the case of an employer exempt from taxation under this subtitle, any reference in this subsection to the amount allowable as a deduction to the employer shall be treated as a reference to the amount which would be allowable as a deduction to the employer if the employer were not exempt from taxation under this subtitle. (4) Cross reference. For provisions excluding certain de minimis fringes from gross income, see section 132(e). Estate planning, without the legal jargon or the lectures. Join attorney Jill Mastroianni for honest conversations about Wills, trusts, probate, aging parents, family dynamics, and all the things we'd rather put off until tomorrow. More at DeathReadiness.com. 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. | |||