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By Jill Mastroianni - Estate Planning & Probate Attorney/Lawyer for Women
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2727 ratings
The podcast currently has 98 episodes available.
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You can follow all the estate planning rules and still end up with the wrong plan. In this episode, Jill walks through a question from a young attorney who’s been handed traditional estate planning forms and is wondering whether they actually serve her clients. Jill break down how a standard trust structure can limit flexibility for families who don’t need estate tax planning, and how small adjustments can make a big difference. Estate planning isn’t about checking boxes. It’s about building something that works. What You’ll Learn in This Episode What a traditional Family Trust / Marital Trust estate planning structure is and why it’s so commonly used Why many families today don’t need estate tax planning, even though their documents assume they do The tradeoff between tax planning and flexibility for a surviving spouse A simple rule: the more control you have over an asset, the more likely it is to be included in your taxable estate Why an estate plan can technically “work” and still miss your actual goals How directing assets to a Marital Trust can provide more flexibility in certain situations What a Disclaimer Trust is and how it can build in estate planning flexibility for future law changes Why estate planning should account for human behavior, not just legal theory The best estate plans are designed to adapt over time, not just work on day one Resources & Links Watch this episode on YouTube: https://youtu.be/Ad7ZkN6sX6I Estate Plan Audit: https://www.deathreadiness.com/audit Episode 19: Why You Need (or Don’t Need) a Trust: https://www.deathreadiness.com/podcast/episode-19-how-to-know-if-you-need-a-trust Episode 38: Why You Need (or Don’t Need) a Will: https://www.deathreadiness.com/podcast/why-you-need-or-dont-need-a-will Connect with Jill: Website: DeathReadiness.com Email: [email protected] Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

When someone 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: Website: DeathReadiness.com Email: [email protected] Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

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. Jill connects Jane’s story to her own lessons from running cross-country, a mother’s unwavering support, and what it means to lift the next generation when we can’t always lift ourselves. 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. Connect with Jill: · Website: DeathReadiness.com · Email: [email protected] · Learn more about Jill’s services · Subscribe to the Death Readiness Dispatch! · Submit a question for Tuesday Triage This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

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

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