What happens if you forget to list something in your will, or if two people end up entitled to the same item, like a piece of jewelry? In this episode, Jill takes on two smart questions from her daughter, April, and unpacks the legal rules around tangible personal property, specific bequests, and residuary estates. Along the way, she shares practical takeaways to help you keep your family out of conflict.

What You’ll Learn in This Episode

• The role of a will. A will directs the distribution of your probate assets, the property titled in your name alone. But it doesn’t control everything. Retirement accounts with named beneficiaries, life insurance policies, or bank accounts with payable-on-death designations pass outside your will. Knowing what is and isn’t covered helps you avoid false confidence in your estate plan.
• Tangible personal property. These are the everyday items you can touch: jewelry, artwork, furniture, even napkin holders. Families sometimes fight more over sentimental objects than financial ones when emotion drives value. Without clear instructions, siblings may argue over who gets “Mom’s ring” or “Dad’s watch,” creating unnecessary conflict.
• Executor authority. A well-drafted will gives the executor power to step in when beneficiaries can’t agree. For example, the executor might sell an item and split the proceeds. Without this safety valve, disputes can stall the entire estate administration, forcing families into costly and time-consuming court battles.
• Specific bequests. Leaving a gift like “my diamond ring” sounds clear, but what if you own two diamond rings? Specific bequests need precise descriptions—metal type, design, even era—to avoid confusion. They also need instructions about what happens if the recipient dies first.
• Anti-lapse statutes. In many states, if a beneficiary dies before you but leaves descendants, those descendants inherit in original beneficiary’s place unless your will says otherwise. This rule can unintentionally split a single item, like a ring, between multiple beneficiaries, creating the very conflict you wanted to avoid.
• The residuary estate. Think of this as the “junk drawer” of your estate: everything not specifically mentioned goes here. The residuary clause prevents forgotten assets from slipping into intestacy, where state law (not you) decides who gets them. 
• Clarity is your best defense against family conflict. Vague wording, missing clauses, or assumptions about the future can all lead to confusion, high legal costs, and strained relationships. A clear, precise will reduces the chance that your legacy becomes a source of stress or division.

Resources & Links

• Do You Need a Will? (Video) – A deeper dive into the basics of wills.
• Estate Planning Support Services – Learn how Jill can help you get organized, vet an attorney, and make your plan clear and manageable.
• Submit a Question for Tuesday Triage – Ask Jill to tackle your estate planning question on a future episode.

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

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. 

So many of us in the sandwich generation can see our parents’ challenges—mobility issues, memory lapses, financial disorganization—yet struggle to help our parents move beyond the problem to actually finding a solution. In this episode, I share my guest appearance on The Legacy of Love Podcast with Sara Ecklein, where we explore how to guide aging parents through estate and life planning in ways that are compassionate, collaborative, and empowering.

Key Insights You’ll Learn

• Problem-aware vs. solution-aware: Parents may know they’re struggling (with mobility, memory, or paperwork), but that doesn’t mean they know what to do next. The key is moving the conversation toward solutions without judgment.
• Collaboration works better than control: Instead of showing up like a project manager with a to-do list, try approaching parents with shared planning tools, like filling out medical information sheets together, to model what good planning looks like.
• Professionals can help: Sometimes parents resist advice from their children but accept it from a professional. An outsider can validate concerns, ask new questions, and take pressure off the family dynamic.
• Capacity is a spectrum: Even with diminished capacity, parents may still be able to do an estate plan if they understand what they own and who they want to leave it to. If capacity is gone, assets pass by intestate succession (state law), and guardianship may be required.
• The parent is the client, not the adult child: Even when kids initiate the process, confidentiality belongs to the parent as the client. Professionals must set and keep these boundaries.
• Self-compassion matters: Being “problem aware” without solutions isn’t necessarily denial; it’s part of being scared and overwhelmed. Just as parents need help moving toward solutions, so do their adult children.

Resources and Links

• Parent Prep Plan: Learn how Jill guides parents step-by-step through the planning process so you don’t have to carry the burden alone: Parent Prep Plan — Death Readiness
• Related podcast episodes:
• Episode 17: How Powers of Attorney Work, When to Use Them, and When It’s Too Late to Get One
• Episode 28: How to Protect Your Aging Parents and Avoid Probate Court

Learn more about Sara Ecklein:

• Sara’s podcast: The Legacy of Love
• Company:Trust and Honor
• Email: [email protected]
• Address: 1484 Pollard Road / Suite 124 Los Gatos, CA 95032
• Phone: 669-280-0110

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. 

Finding the right estate planning attorney can feel overwhelming and choosing the wrong one can cost you time, money, and peace of mind. In this Tuesday Triage episode, I walk you through six practical steps to help you identify the right fit for your needs, avoid common pitfalls, and trust your instincts throughout the process. Whether your estate is simple or more complex, these tips will give you clarity and confidence in choosing the attorney who can best serve you and your family.

What Jill discussed

·Why referrals are a great starting point but not the finish line. Referrals from trusted friends, advisors, or professionals can point you in the right direction, but they shouldn’t be the only factor in your decision. You still need to do your own due diligence and trust your gut.

·How to match the attorney’s experience to your unique needs. Many people think their estate is “simple,” but often it’s more complex than it appears. Jill breaks down what circumstances generally qualify as a “simple estate,” what makes an estate more complicated (tax planning, business ownership, beneficiaries with special needs, blended families, family vacation properties), and why the distinction matters when choosing an attorney.

·The role of clear communication. Estate planning comes with lots of legal jargon. A good attorney explains things in plain language, helps you understand how legal changes impact your plan, and leaves you feeling more confident, not more confused. Jill share tips on how to test this before you hire someone.

·Why experience makes a difference. Beyond knowing the law, seasoned attorneys have seen how family dynamics and real-life complications play out. That experience allows them to anticipate problems, avoid mistakes, and guide you through both the expected and the unexpected.

·Looking for a clear process and transparent pricing. A solid estate planning attorney doesn’t just draft documents — they help make sure your plan actually works by funding trusts and aligning beneficiary designations. Jill talks about flat fees vs. hourly billing, what you should expect in a quote, and how to make sure there are no surprises.

·Why comfort and trust are non-negotiable. You’ll be sharing some of your most personal details with your attorney. You need someone you feel heard and respected by, and someone who moves at a pace that feels right for you. Credentials matter, but so do instincts, and ignoring them can be costly.

Resources and Links

• Estate Planning Support Services – Learn how I can help you get organized, vet attorneys, prepare for meetings, and make sure your plan is clear and ready to implement.
• Podcast episode referenced: Why You Shouldn’t Worry About the Estate Tax
• Podcast episode referenced: Why You Need (or Don’t Need) a Trust
• Video referenced: Do You Need a Will?

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. 

Charles just turned 90, and he’s asking a question many of us wonder about but rarely say out loud: “What are my options if I want to die with dignity?”

In this Tuesday Triage, Jill unpacks what medical aid in dying really means, how it differs from assisted suicide, and what the law says for families navigating these difficult conversations. With legal insights and examples from California’s End of Life Option Act, this episode shines a light on a topic often tucked away in silence.

What We Discussed

A personal connection: Jill shares her mom’s story of living with progressive supranuclear palsy (PSP), a rare degenerative brain disorder. She recalls the moments of fear and uncertainty, the independence her mom held onto, and why conversations about dying with dignity are deeply personal for her.

Charles’ question: At 90 years old, Charles asked his daughter, and through her, Jill, what options exist for someone who wants to die with dignity. His willingness to ask reflects the questions many people carry silently, often Googling late at night but rarely discussing openly.

Defining medical aid in dying: Jill explains that medical aid in dying is a regulated medical practice that allows a mentally competent adult with a terminal diagnosis of six months or less to request a prescription to peacefully end their life. She emphasizes that it is not the same as assisted suicide, euthanasia, or mercy killing.

Where it’s legal and what’s pending: Eleven states and Washington, D.C. currently permit medical aid in dying, while 18 others have pending or recently introduced legislation. Jill highlights the significance of these legal shifts for families who may face these decisions in the future.

California’s End of Life Option Act: Jill uses California as a case study to explain how the process works in practice. Key points include:

• Eligibility: Adults 18+, California residents, with terminal illnesses expected to result in death within six months.
• Requests: Two oral requests at least 48 hours apart, plus a written request signed in the presence of two witnesses.
• Safeguards: Physicians must confirm the patient’s capacity and voluntariness, and participation by doctors is voluntary.
• Self-administration: Only the patient can administer the medication; family or physicians may help prepare it but cannot administer it.
• Residency proof: California requirements include a state ID, voter registration, property ownership, or tax returns.

Protections for families and insurance: The law makes clear that using medical aid in dying does not affect life insurance, health insurance, or annuities. Death through medical aid in dying is legally recognized as a natural result of the underlying disease, not suicide. Family and friends cannot be held civilly or criminally liable for being present, as long as the patient self-administers the medication.

The importance of terminology: Jill explains why she avoids terms like “assisted suicide” or “euthanasia” and highlights Section 443.18 of the California law, which explicitly rejects those labels. This distinction matters, because medical aid in dying is not about choosing whether to die, but about how to face a death that is already imminent.

The bigger picture: Beyond the legal details, Jill explores what these laws mean for agency, dignity, and conversations about the end of life.

Resources and Links

• Death Readiness Services – Learn how Jill helps families prepare and stay organized
• Text of California’s End of Life Option Act

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

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. 

Imagine spending 27 years in prison for a crime you didn’t commit. That was the reality for Joyce Watkins, a woman wrongfully convicted in 1989 of the rape and murder of her four-year-old great-niece. Joyce and her longtime partner, Charlie Dunn steadfastly maintained their innocence. But flawed medical testimony, prosecutorial missteps, and systemic biases led to their conviction and life sentences. Charlie tragically died in prison after 27 years, while Joyce was paroled in 2015, branded as a registered sex offender. Even in the face of wrongful conviction, parole restrictions, and decades of injustice, Joyce never gave up her agency. 

Jill talks with Jason Gichner, Executive Director of the Tennessee Innocence Project, about Joyce’s fight to clear her name, how wrongful convictions happen, and what her story teaches us about resilience, justice, and protecting your voice. Together, they explore how the Tennessee Innocence Project works to exonerate innocent people, the flaws in the justice system, and the ways all of us can contribute to this vital mission.

What We Discussed

• The Tennessee Innocence Project: The Tennessee Innocence Project is a non-profit law firm that represents people who are actually innocent, people convicted of crimes they did not commit. The project’s typical client has been wrongly imprisoned for decades. On average, the project’s clients who have been exonerated served more than 26 years in prison for crimes that they did not commit. Besides direct litigation, the Tennessee Innocence Project engages in policy work to prevent wrongful convictions. 
• Joyce Watkins’ story. Joyce became entangled in a tragedy after caring for her great-niece for just nine hours. The child arrived at Joyce’s home already injured, showing signs of bleeding and cognitive distress. Joyce sought medical attention for the child but flawed medical testimony later pointed the blame at Joyce and her longtime partner, Charlie. The prosecution offered Joyce a plea deal of one year if she said Charlie committed the crimes. She refused, unwilling to send an innocent man to prison.
• How expert testimony, even if incorrect, can shape the outcome of a case. Joyce and Charlie’s conviction rested almost entirely on flawed forensic testimony. The original medical examiner claimed that because she didn’t see a particular healing cell, called a histiocyte, in brain slides, the child’s fatal injury must have occurred during the nine hours she was with Joyce and Charlie. That “proof” became the linchpin of the prosecution’s case. Decades later, independent experts, including Tennessee’s chief medical examiner and a pediatric neurologist from Vanderbilt Children’s Hospital, confirmed that the theory was biologically impossible.
• The impossible choices innocent people face, including why some plead guilty to crimes they didn’t commit. In the middle of Joyce’s trial, prosecutors offered her a one-year sentence if she would testify that Charlie committed the rape and murder. She refused, unwilling to condemn an innocent man, and took a life sentence instead.
• Why innocent people sometimes plead guilty. Innocent people sometimes plead guilty when the risk of trial feels too great. Prosecutors hold immense leverage, threatening decades behind bars or even life in prison, while dangling plea deals that offer immediate release or probation. For people who cannot afford bail, who fear a jury will believe false evidence, or who simply want to return home to their families, pleading guilty may feel like the only rational option, even when they did nothing wrong.
• The exoneration process: how Joyce’s case was reopened, the collaboration with prosecutors, and the eventual exoneration. Joyce arrived at the Tennessee Innocence Project years after her parole, determined to clear her name. Jason’s team reinvestigated, uncovering both junk science and suppressed evidence, including police reports proving that sheets prosecutors claimed Joyce had “washed to destroy DNA” were never washed at all. The Tennessee Innocence Project brought their findings to Nashville’s Conviction Review Unit, one of only two such units in Tennessee. The District Attorney’s office conducted its own independent investigation and reached the same conclusion: Joyce and Charlie were innocent. In December 2021, both convictions were overturned. By early 2022, all charges were dismissed, and Joyce and Charlie were formally exonerated. Tragically, Charlie had already died in prison of cancer, never living to see his name cleared.
• Life after exoneration: the ongoing fight for compensation, the barriers under Tennessee law, and what exonerees face when re-entering society. Exoneration restored Joyce’s freedom, but not her lost decades. Tennessee law allows wrongfully convicted individuals to seek up to $1 million in compensation, but the process is riddled with obstacles. Even after a judicial exoneration, an exoneree must apply for a “certificate of exoneration” from the governor’s office, a process requiring another hearing before the parole board. Despite unanimous support from the parole board, there has been no action from the governor’s office on Joyce’s case. Charlie’s family may never qualify for relief at all, since the statute excludes adult children of the wrongfully convicted. And beyond money, exonerees face steep challenges reintegrating into society: trauma from years behind bars, lost opportunities, and the need to rebuild lives from scratch. The Tennessee Innocence Project supports its clients holistically, with therapy, housing help, benefits, and community. But as Jason emphasized, freedom after decades in prison doesn’t erase the damage done.

Link

• Learn more about the Tennessee Innocence Project: tninnocence.org

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

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. 

Whether you’re a solopreneur, a small-business owner, or running a growing team, your business needs an estate plan. In this episode of Tuesday Triage, Jill walks through the practical steps to protect your business, your income, and the people who depend on you. From organizing legal and financial documents to creating systems that make your business more resilient, this episode is packed with actionable guidance to help you plan from a position of strength, for both growth and the unexpected.

What Jill discussed:

Agency and Planning

• Why estate planning is about taking ownership of your business and future.
• A client story that illustrates why having access to business agreements matters.

Business Foundations

• Ensuring you have your EIN letter and business entity governing documents.
• Why even solopreneurs need an Operating Agreement, and what it should cover.
• How to request copies of official filings from your Secretary of State.

Banking and Financial Preparedness

• Adding a second signer to your business accounts.
• Why access to cash flow is critical to keeping operations running in your absence.

Accounting and Bookkeeping

• Systems for tracking income and expenses.
• The benefits of outsourcing bookkeeping for peace of mind and continuity.

People and Relationships

• Identifying your key clients and team members.
• Adding a “death or incapacity” clause to client contracts.
• Keeping an accessible list of important contacts and roles.

Recurring Expenses and Digital Access

• Documenting subscriptions, accounts, and access credentials.
• Managing digital assets like domains, trademarks, and renewals.

Systems and Processes

• The importance of standard operating procedures (SOPs) for daily tasks.
• Using clear documentation to make your business resilient and scalable.

Content Management

• Organizing your content for easier repurposing and brand consistency.
• Creating a master file for branding and creative assets.

Insurance and Risk Management

Key types of coverage every business owner should consider:

• Businessowner’s policy for general liability
• Cybersecurity and digital media coverage
• Professional liability insurance

Advanced Planning Tips

• Using life insurance to maintain cash flow during transitions.

Final Takeaway

• Planning for your business isn’t just about preparing for the worst — it’s about creating systems and organization that make your business stronger and more valuable every day.

Resources and Links

• Learn more about Jill's Estate Planning Support Services

Connect with Jill:

• Website: DeathReadiness.com
• Email: [email protected]
• Subscribe to receive news and updates.
• Love this episode? Please rate and review in the Apple podcasts app!
• Submit 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. 

Guardianship. Probate court. Powers of attorney. These terms can feel intimidating but they don’t have to be. In this episode, Jill Mastroianni breaks down the differences between powers of attorney and guardianship, and shares actionable steps to help you protect your aging parents, and yourself, from unnecessary stress, cost, and court involvement.

What Jill discussed:

Guardianship vs. Power of Attorney:

• How these two tools differ and when each comes into play.
• Why guardianships (or conservatorships, in some states) should be the last resort.

Capacity and Timing:

• Why mental capacity is critical for signing a power of attorney.

Avoiding Probate Court:

• Proactive planning steps to reduce the chances of a guardianship proceeding.
• The importance of early conversations with your parents and transparency among family members.

Real-World Scenarios:

• Examples of how lack of communication or delayed planning can lead to confusion, conflict, or costly legal battles.

Action Steps for Listeners:

1. Start the conversation early. Talk with your parents about the importance of powers of attorney while they still have mental capacity. And if you don’t already have your own power of attorney, lead by example. Get one in place, and—if you’re comfortable—share whom you chose as your agent and why.

2. Share key information. When it’s possible and safe to do so, let other family members know that these documents are in place. Transparency helps reduce misunderstandings later on.

3. Keep the focus on care, not control. Powers of attorney aren’t about taking over someone’s life. They’re about protecting the people we love when they’re unable to protect themselves.

Resources and Links

• Parent Prep Plan: Personalized support to walk your parents through the estate planning process, from finding the right attorney to organizing assets and understanding legal documents.
• Episode 27: Judge Hedrick’s interview: What Really Happens with DIY Wills and other Lessons from the Bench
• Episode 17: How Powers of Attorney Work, When to Use Them, and When It’s Too Late to Get One.
• Episode 25: Why Naming the Caregiver Adult Child (instead of your Spouse with Dementia) as Beneficiary of your IRA Can Backfire
• Episode 26: Why Banks Reject Powers of Attorney for Trust Accounts

Connect with Jill:

• Website: DeathReadiness.com
• Email: [email protected]
• Subscribe to receive news and updates.
• Love this episode? Please rate and review in the Apple podcasts app!
• Submit 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. 

Jill talks with Judge Andra Hedrick, the first female probate court judge in Davidson County, Tennessee, to pull back the curtain on what really happens when DIY wills, internet forms, and quick-fix estate plans land in probate court. They discuss the rise of homemade documents, the conflicts they leave behind, and what families should know about probate, guardianships, and conservatorships. Judge Hedrick also shares insights on how the court works day-to-day, including what happens when families show up without a lawyer and why making your wishes clear is the best way to protect your loved ones.

What We Discussed:

What Probate Actually Means

• Why a will has no legal effect until it is admitted to probate.
• How the petition process works and what “pro se” (representing yourself) looks like in court.

Beyond Wills: Other Roles of Probate Court

• Guardianships for minors inheriting money.
• Emancipation proceedings for minors entering contracts (like young entertainers).
• Conservatorships for adults with disabilities or cognitive decline, and the conflicts that arise when family members disagree.

Challenges in Court

• Families surprised by estate outcomes that don’t match verbal promises.
• The risks of vague or conflicting instructions from a deceased loved one.

The Rise of DIY and Internet Wills

• Why homemade wills often create confusion and costly cleanup.
• Missing provisions (like residuary clauses) that cause unintended gaps.
• Examples of ambiguous language and why precision matters.
• Why fixing problems after death is far more expensive than doing it right from the start.

Inside the Courtroom

• Open access to the public and how hearings can often be observed (sometimes even via Zoom).
• Court culture and expectations around dress, conduct, and participation.
• Judge Hedrick’s perspective on keeping the court accessible to all.

Resources & Links

• Parent Prep Plan – If you’re worried your parents may try the DIY will route, Jill can help walk them through the estate planning process with the right attorney and keep things moving forward: Parent Prep Plan — Death Readiness

Connect with Jill:

• Website: DeathReadiness.com
• Email: [email protected]
• Subscribe to receive news and updates.
• Love this episode? Please rate and review in the Apple podcasts app!
• Submit 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 Tuesday Triage episode, Jill unpacks a common source of frustration for families: why a power of attorney works for some accounts but fails when it comes to trust assets. Using listener Lindsey’s real-life question, Jill explains the crucial distinction between acting as an agent under a power of attorney and serving as trustee. You’ll learn how banks view these documents, why powers of attorney don’t apply to trust accounts, and what you can do to avoid roadblocks when helping aging parents.

What Jill discussed:

• Lindsey’s story: Why her father’s power of attorney worked at the bank for checking and savings accounts, but not for trust accounts.
• The basics of a financial power of attorney: What authority it gives, and its limits.
• Why banks sometimes hesitate: Knowledge gaps, fear of liability, and extra review layers.
• Tips to smooth the process: Submitting powers of attorney before capacity is lost, and consolidating accounts at cooperative institutions.
• The bigger picture: A power of attorney covers personal assets; trust assets follow the trust agreement.

Resources & Links:

• Episode 17: How Powers of Attorney Work, When to Use Them, and When It’s Too Late to Get One
• Episode 19: Why You Need (or Don’t Need) a Trust
• Parent Prep Plan – Hands-on support to help your parents start (and finish) their estate planning 

Connect with Jill:

• Website: DeathReadiness.com
• Email: [email protected]
• Subscribe to receive news and updates.
• Love this episode? Please rate and review in the Apple podcasts app!
• Submit 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 Tuesday Triage episode, Jill answers a listener question from Molly in Washington, whose father is considering naming her as the beneficiary of his IRA to help care for her mother, who has dementia. Jill explains the potential pitfalls of naming the “helpful child” as a beneficiary, shares a real-life cautionary case from the Michigan Court of Appeals about mishandling a power of attorney, and offers guidance on safer ways to ensure assets are available for care when they are needed most.

What Jill discussed:

• The central question: Should Molly’s father name her as IRA beneficiary to help care for her mother?
• Three major problems with naming a child as beneficiary in this context:
• A Michigan Court of Appeals case illustrating breach of fiduciary duty by an agent under a power of attorney
• The fiduciary duties of an agent: good faith, loyalty, prohibition against self-dealing, and meticulous record-keeping
• Practical advice: If you’re managing someone’s finances, keep accurate records from the start and get help if needed.

Link

• Tuesday Triage episode on powers of attorney: How Powers of Attorney Work, When to Use Them, and When It’s Too Late to Get One

Connect with Jill:

• Website: DeathReadiness.com
• Email: [email protected]
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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.