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

Divorce doesn’t just end a relationship; it leaves a tangle of legal documents, beneficiary forms, and estate planning decisions that need follow-up. In this episode, Jill answers a listener question from Amy in Tennessee, who just finalized her divorce and wants to know whether she needs to update her Will. Jill explains how Tennessee treats estate planning documents after divorce, why beneficiary designations are often the biggest risk, how ERISA complicates things, and real court cases where ex-spouses walked away with hundreds of thousands of dollars simply because the paperwork wasn't updated. She also shares practical, small-step strategies for getting started without feeling overwhelmed.

What You’ll Learn in This Episode

Understanding What Changes Automatically (and What Doesn’t)

• In Tennessee, divorce automatically cancels gifts to an ex-spouse under a Will and removes them as executor or trustee.
• But, in Tennessee, beneficiary designations on retirement accounts, life insurance, and payable-on-death bank accounts are NOT automatically revoked.
• Relying on state law or your divorce agreement is very risky. Change the forms directly.

Powers of Attorney After Divorce

• Healthcare powers of attorney naming an ex-spouse are automatically revoked by Tennessee law after divorce, but it’s still best to update the document so care providers don't have to interpret.
• Tennessee financial powers of attorney do not update automatically unless the document says so. Get them revised.

ERISA & the State Law Problem

• Some states automatically revoke beneficiary designations after divorce, but ERISA-governed accounts (like 401(k)s) preempt those state laws.
• Translation: Your ex could still get your 401(k) even if your state law automatically revokes beneficiary designations favoring an ex-spouse.

Real Cases with Real Consequences

• Estate of Birdwell: TN court ruled in favor of ex-spouse receiving ~$290,000 because the beneficiary designation was never corrected and a last-minute attempt failed.
• Manning v. Manning: TN court required the ex-spouse to follow the divorce agreement and waive rights, but the outcome might not be repeated today.
• 2017 TN case: A divorce agreement cannot revoke a retirement-plan beneficiary designation. Only the plan’s official method counts.

Divorce Agreements Don’t Save You

• Saying your ex relinquishes rights in the divorce paperwork is generally insufficient.

How to Protect Yourself (and Your Family)

• Review and change beneficiary listings on: retirement accounts (IRA, 401(k), pensions), life insurance policies, bank accounts with POD/TOD designations
• Add contingent beneficiaries.
• Keep a list and revisit it after major life events.

Resources & Links

Tennessee Advance Directive for Healthcare

Episode 38: Why You Need (or Don’t Need) a Will

Connect with Jill:

• Website: DeathReadiness.com
• Email: [email protected]
• Learn more about Jill’s solutions
• 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.

Jill explores one of the most urgent parenting challenges of our time: the dangers hidden inside our kids’ devices. From algorithm-driven eating disorders to sextortion scams run like global businesses, today’s threats don’t hide outside the house; they live inside apps, platforms, and anonymous accounts. Inspired by the podcast Left to Their Own Devices, Jill shares four essential insights every parent needs to understand, plus why talking about these uncomfortable realities is now part of true death readiness.

What You’ll Learn in This Episode

Our Kids Are Growing Up in a Completely Different World

• Today’s kids carry danger in their pockets: algorithms designed to addict, track, shape, and trap.
• Teen brains are still developing; they can’t self-regulate the way adults can.

Sextortion Has Become a Multi-Million-Dollar Industry

• Sextortion is sexual extortion; predators obtain a nude image and weaponize it.
• Organized cybercriminal networks (including the “Yahoo Boys”) specifically target teen boys.
• Sextortion cases have surged 18,000% in two years.
• Snapchat receives 10,000 sextortion reports every month.
• The responsibility isn’t on kids to outsmart scammers; it’s on us to talk to them early and often.

Algorithms Are Not Neutral

• Algorithms detect hesitation, scrolling patterns, zooms, and replays—then feed more of what hurts.
• They’re designed to maximize profit, not protect mental health.
• A teen’s developing prefrontal cortex is no match for a machine built to keep them hooked.
• “Outrunning” the algorithm isn’t a fair fight; it moves faster than teen impulse control can.

Death readiness means facing uncomfortable truths. 

• It’s not just documents. It’s talking about the hard things before a crisis hits.
• It’s about protecting our kids in a world very different from the one we grew up in.
• Because silence is far more dangerous than another awkward conversation with your teen.

Resources & Links

Left to Their Own Devices Podcast hosted by Ava Smithing. A powerful, honest exploration of what teens face in today’s digital world. https://podcasts.apple.com/ca/podcast/left-to-their-own-devices/id1840912030

Connect with Jill:

• Website: DeathReadiness.com
• Email: [email protected]
• Learn more about Jill’s solutions
• 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.

Jill breaks down why family camps, cottages, and vacation homes become the most emotionally charged and conflict-prone assets families try to pass down, and how to prevent them from tearing siblings apart. Using stories from her own Adirondack upbringing and recent travels, Jill explores the tension between nostalgia, financial reality, sibling dynamics, and unspoken expectations. She outlines clear steps families can take to avoid disaster: understanding real costs, clarifying fairness, addressing governance, confronting entitlement, and creating a legally sound structure before a crisis hits.

What You’ll Learn in This Episode

Why Family Properties Create Outsized Drama

• Most families romanticize the memories but ignore the math, maintenance, and long-term obligations.
• Emotional attachment can blind people to financial reality, leading to debt, resentment, and forced sales.
• Without structure, families default to assumptions about “fairness,” each believing their perspective is the reasonable one.

The 5 Big Conversation Areas Every Family Must Address

1. Focus on the Math, Not the Memories. Property taxes, insurance, utilities, repairs, and seasonal work don’t pay for themselves. Nostalgia doesn’t replace a roof or stop the dock from collapsing.
2. Fairness Is Not Universal. Some define fairness as equal shares and equal use. Others link fairness to financial contribution, availability, or the ability to pay. Unspoken expectations become resentments after a parent dies.
3. The Camp Is a Financial Asset. It has market value, carrying costs, and long-term obligations.
4. Your Parents’ Property Is NOT Your Property. There's no forced heirship in the U.S. Parents can leave the property to anyone they want. The true gift is the memories you've already lived, not the deed.
5. You Can Build New Memories. Your future joy is not tied to inheriting a specific house. You can create your own camp, traditions, or anchor place, even if the original property is sold.

The Four Steps to Prevent Family Property Warfare

1. Have the Conversation Now. Use Jill’s Family Discovery Worksheet to uncover: What the place means to each person, who actually wants to own it, who can realistically afford it, what “staying in the family” means in practice, and fears, hopes, expectations, and practical capabilities.

2. Get Real About the Costs. Make the expenses visible: property taxes, insurance, utilities, maintenance and emergency repairs, watercraft expenses, snow removal, HOA fees, and reserve funds. Numbers eliminate fantasy and force grounded decisions.

3. Create Governance Before You Need It. Define: scheduling and peak-season rules, guest and pet rules, cleaning and maintenance expectations, vendor lists, decision-making authority, buyout terms, and what happens if someone stops participating. Without governance, someone inevitably becomes the default property manager and resentment follows.

4. Do the Legally Binding Planning. Address structure while the owner is living: trust vs. LLC vs. outright transfer, whether to sell at death, buyout provisions, rules regarding ownership by spouses and grandchildren, and what happens if one sibling wants out.

Resources & Links

Family Discovery Worksheet: Gently guide your family into the hard but necessary conversations. 

https://www.deathreadiness.com/keeping-the-camp-family-discovery-worksheet

Estate Plan Audit: If you want to know whether your estate plan actually prevents conflict, rather than creates it, check out Jill’s Estate Plan Audit.

https://www.deathreadiness.com/audit

Interested in a deep dive on structuring the transfer of family property?

If enough listeners ask, Jill will create a full episode on the mechanics—trusts, LLCs, tax considerations, buyout formulas, and more. Email: [email protected]

Connect with Jill:

• Website: DeathReadiness.com
• Email: [email protected]
• Learn more about Jill’s solutions
• 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.

This Tuesday Triage episode breaks down how gift tax actually works, when a gift must be reported to the IRS, and why most people won’t owe gift tax but may need to file a gift tax return anyway. Using a real listener scenario, Jill explains what counts as a gift, what doesn’t, four major exceptions, and common year-end mistakes that can accidentally trigger IRS reporting rules. And, as always, she reminds us that not all gifts come wrapped. Sometimes the most meaningful gift is showing up.

What You’ll Learn in This Episode

• What legally qualifies as a gift and why “taxable gift” does not automatically mean tax owed 
• The difference between gift tax (during life) and estate tax (after death) and how they are unified 
• Why most Americans will never owe gift tax due to the multi-million-dollar federal gift and estate tax exemption (~$14M per person in 2025) 
• Which state still has a separate gift tax (and why it generally aligns with federal rules) 
• Four major no-tax and no-reporting exceptions, including: charitable gifts to qualified 501(c)(3) organizations (not GoFundMe), annual exclusion gifts up to $19,000 per person in 2025, direct payments of tuition and medical expenses, and unlimited gifts to a U.S.-citizen spouse 
• How gift splitting works for married couples and why it requires filing a gift tax return even if no tax is owed 
• Why postmarks matter more than check dates (the mailbox rule) 
• The Medicaid look-back risk and why gifting can hurt Medicaid long-term care eligibility 

Resources & Links:

Join the waitlist for The Death Readiness Playbook: https://www.deathreadiness.com/playbook

Episode 20 — What You Need to Know About Medicaid and Protecting Your Mom’s House

Submit a question for Tuesday Triage

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.

In this episode, Jill explores one of the most fascinating intersections of true crime and estate law: the slayer statute. She dives into a real 2025 Michigan Court of Appeals case involving a trust, an unexpected beneficiary, an alleged murder-for-hire plot, and two deaths by natural causes. The big question: Can you inherit from someone you planned—but failed—to kill? The answer reveals just how narrow the slayer statute really is and why understanding your estate plan matters more than you think.

What You’ll Learn in This Episode

The Case Background

• The trust Donald created just 10 days before his death — classic death-bed planning.
• Why Elaine and Donnie tried to terminate the trust only months later.

Red Flags in the Trust Administration

• How the trustee, Michael, not a family member, was also a future beneficiary.
• The unusually fast removal of Michael as trustee by the probate court.
• Why the probate court denied Elaine’s request to unwind the transfers to the trust.

The Alleged Murder-for-Hire Plot

• Daniel’s claim to be Donald’s illegitimate son and his accusation that Michael offered him $400,000 to kill Elaine and Donnie.
• Daniel’s testimony, his sudden death, and how the loss of the key witness led prosecutors to dismiss the charges.

How the Slayer Statute Works (and Doesn’t Work)

• Michigan’s rule: only those who feloniously and intentionally kill the decedent are barred from inheriting.
• Why attempted murder, solicitation, conspiracy, or planning does not trigger the statute.

Big Lessons for Listeners

• Rushed or unclear estate planning invites confusion, litigation, and unintended beneficiaries.

Resources & Links

Jill’s Estate Plan Audit: https://www.deathreadiness.com/audit

Episode 41: Why Losing Your Original Will Could Cost Your Family Everything

Episode 44: Avoiding the Hidden Tax Trap in Lifetime Gifts

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.

Jill unpacks one of the most misunderstood estate-planning tools: the irrevocable trust. Using a real-world scenario, she explains how transferring assets too soon can backfire, especially when it comes to capital-gains taxes. If you’ve ever wondered whether your trust is helping or hurting your long-term plan, this episode will help you make sense of what you really need (and what you don’t).

What You’ll Learn in This Episode:

Revocable vs. Irrevocable Trusts. How control, flexibility, and tax treatment differ between the two.

When to Use an Irrevocable Trust. Situations where it can protect family assets or reduce future estate taxes. 

The Probate Myth. Why using an irrevocable trust just to “avoid probate” may cause more trouble than it prevents.

Creditor & Divorce Protection. How spendthrift provisions can shield beneficiaries from creditors (and ex-spouses)

Medicaid’s 5-Year Look-Back. What really happens if you transfer assets into a trust too close to applying for long-term-care assistance.

Tax Traps in Lifetime Gifts. Why giving property during life can trigger large capital-gains taxes that could have been avoided through inheritance.

The Unified Estate & Gift Tax Exemption. Understanding how today’s historically high federal estate and gift tax exemption, about $14 million per person in 2025, works, and why most families won’t owe estate or gift tax.

Stepped-Up Basis Explained. How inheriting assets at death can eliminate capital-gains taxes, and why “gifting early” can cost more than it saves.

Practical Takeaway. Estate plans should fit you, your goals, family, and financial reality, not what your neighbor or financial advisor says everyone “should” do.

Resources & Links:

Episode 5: Why You Shouldn’t Worry About the Estate Tax

Episode 19: Why You Need (or Don’t Need) a Trust

Episode 20: What You Need to Know About Medicaid and Protecting Your Mom’s House

Episode 27: Interview with Probate Judge Andra Hedrick

Episode 38: Why You Need (or Don’t Need) a Will

Estate Plan Audit: deathreadiness.com/audit — Understand what you have, identify what’s missing, and make sure it works together

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.

This week’s Tuesday Triage isn’t about someone else’s question—it’s about Jill’s.

After losing her Uncle Charlie, Jill reflects on how a previous guest, Jamie Sarche, taught her that grief isn’t something we can “opt out” of. In Episode 18, Jamie explained why ceremony matters, not for the person who died, but for the people left behind. In this episode, Jill shares how she had to live that lesson, honoring her uncle by showing up, feeling the loss, and remembering the man who quietly held his family together.

What You’ll Learn in This Episode

• Why we can’t “opt out” of grief. How trying to skip the hard parts by keeping busy or minimizing loss only delays healing.
• How funerals and rituals help the living. Why being present with the body and gathering together helps our minds acknowledge the reality of the loss.
• A personal story of showing up. Jill’s reflections on her Uncle Charlie, his humor, his care, and the family he built that helped build her.
• What it means to practice what you preach. How Jill turned a lesson from her own podcast into a lived experience of honoring grief instead of avoiding it.

Resources & Links

• Episode 18 with guest Jamie Sarche: What to Do with a Dead Body, Who’s in Charge, and Who Pays
• Jamie Sarche’s 6 Needs of Mourning

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.

Talking with your aging parents about getting help at home, or possibly moving, can feel impossible. How do you bring it up without overstepping, causing conflict, or stripping them of their independence?

In this episode, I sit down with Laura Lynn Morrissey, founder of Silver Savvy, to discuss how families can successfully navigate aging, home safety, assisted living, and long-term care decisions.

We explore how to start the conversation before crisis hits, identify the family “influencer,” and make informed decisions about everything from home modifications to long-term care insurance. Whether your parents are fiercely independent or already need support, this episode will help you plan for what’s next, without losing your sanity or your family harmony. 

What You’ll Learn in This Episode

1. Start early and start small. Don’t wait for a crisis. The best time to talk about preferences is when things are calm and you have options. Conversations about preferences (“Would you want to live on the first floor someday if the stairs get difficult?”) go much smoother than conversations about problems (“You can’t climb those stairs anymore.”).

2. Find the “family influencer.” Every family has one, the person your parents will actually listen to. That might be a child, sibling, or close friend. Identify who that person is, and use them to open the door to difficult topics with empathy, not pressure.

3. Keep dignity front and center. Avoid “you should” or “you need to” language. Instead, focus on independence, safety, and comfort. The goal is to empower, not to control.

4. Make the home safer now. From grab bars and stair rails to lighting and rugs modifications, small home updates can make a huge difference. Laura Lynn offers a free Home Safety Checklist to help you assess risks before an accident happens.

5. Understand what “home care” really means. A qualified, accredited home care company should provide both companionship and legitimate health support, and should be fully insured. Vet your options carefully and don’t assume all caregivers are alike.

6. Assisted living isn’t a last-minute solution. Most high-quality assisted living communities now have 2–3 year waitlists. If you or your parents might consider one down the road, get on the list early, even if you’re not ready to move yet.

7. “Medically stable” is not the same as “functionally able.” Hospitals discharge patients sooner than ever, often before they’re physically ready. Families need to plan ahead for a safe “hospital-to-home” transition, with equipment and support in place.

8. Long-term care insurance isn’t automatic. Up to 25% of initial claims are denied, often because of incomplete paperwork or miscommunication with doctors. Laura Lynn explains how to properly document claims, what to expect from assessments, and how to appeal denials effectively.

9. Don’t be afraid to ask for help. Whether it’s a care consultant, fiduciary, or neutral third party, bringing in an expert can defuse family tension and help everyone move from worry to action.

Resources & Links

• Home Safety Checklist, Hospital-to-Home Checklist, Life Care Plan Smart Start Kit, Expert Tips to Secure Your Benefits: https://www.deathreadiness.com/silver-savvy-resources

Connect with Laura Lynn Morrissey:

• Website: https://silversavvy.com/
• Email: [email protected]
• Find Laura Lynn on LinkedIn!

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.

This week’s Tuesday Triage question comes from Jazmine in New Jersey. She believed she had “filed” her Will with her attorney until she discovered he’d been disbarred and her original Will was missing. In this episode, Jill unpacks what it really means to “file” your Will, how to protect it, and what happens if your original goes missing. She also shares a true Tennessee case that shows how critical proper Will storage can be and the surprising twists that followed.

What You’ll Learn in This Episode

“Filing” your Will isn’t an official legal act. Leaving your original Will with an attorney or in a law office is a storage choice, not a filing requirement. Most firms offer it as a business convenience, not a legal safeguard.

If your original Will goes missing:

• Start by contacting the attorney who drafted it to see if they have the original or a Word version.
• If not, you can retype the Will or convert a PDF and re-execute it with updated dates and witnesses.
• A new Will should always revoke prior versions. Make sure a revocation clause is included in your new Will.

Where to keep your Will:

• A fireproof, waterproof box at home works well if trusted people know how to access it.
• A safe-deposit box can complicate access after death, sometimes requiring a court order.
• Some counties (like Oakland County, MI) let you deposit your Will with the probate court for a small fee.

If no one can find your original Will, the law presumes you destroyed it intentionally, meaning you’re treated as having died intestate (without a Will). Overcoming that presumption requires clear and convincing evidence that the Will was lost or destroyed against your wishes.

A real-world example — In re Estate of David Leath

• When David Leath’s Will couldn’t be found, the court ruled he died intestate.
• His wife, Raynella, was later convicted (and later acquitted) of his murder, triggering the slayer statute, which bars killers from inheriting from their victims.
• The case highlights why keeping your original Will secure, and retrievable, is critical.

The big picture. You can’t control every outcome, but you can control how clear and accessible your plans are. 

Resources & Links

• Related Episode:Why You Need (or Don’t Need) a Will
• Referenced Case:In re Estate of David Leath
• CBS News Coverage of the Leath Case
• Raynella Dossett Leath’s Profile – National Registry of Exonerations
• Submit a question for Tuesday Triage

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? Please 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 dog might run your home, your heart, and your schedule, but legally, he’s still property.
In this episode, Jill explores how to make sure your beloved pets are cared for after you’re gone. From Diane Keaton’s rumored estate plan for her dog, Reggie, to Jill’s own story of Oliver—the “best dog in the universe”—this episode walks through what pet trusts are, how they work, and how to decide if you need one.

What You’ll Learn in This Episode

What a Pet Trust Is. A legal arrangement that sets aside money for your pet’s care after you die. You name a trustee to manage funds and a caretaker to look after your pet.

Why Pet Trusts Exist. Under the law, pets are considered property, not people, so they can’t directly inherit money. A pet trust bridges that gap.

How a Pet Trust Works.

• You (the settlor) create the trust during life or through your will.
• You name a trustee (manages the funds) and a caretaker (provides day-to-day care).
• You decide how much to set aside and how detailed to make your instructions, down to your dog’s diet, vet, and favorite toy.

Real-Life Examples.

• Leona Helmsley left $12 million to a trust for the benefit of her dog, Trouble. A court reduced that amount to $2 million.
• Headlines suggest that Diane Keaton’s estate plan may include a pet trust for her dog, Reggie.

Cost-Benefit Perspective. Not everyone needs a formal pet trust. For some, sharing a completed Pet Information Sheet with a trusted friend is enough. The goal is to do what’s appropriately protective for your life stage—not necessarily the “perfect” plan.

Resources & Links

Download the pet information sheet here. 

Check out our recent episode: Why you need (or don’t need) a Will

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

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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.