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

Most people think a Will is the foundation of an estate plan but not everything you own is controlled by it. In this episode, Jill Mastroianni breaks down what a Will actually does (and doesn’t) cover, how to tell which of your assets are “probate assets” controlled by your Will, and why understanding the distinction between probate and non-probate assets could change the way you approach your estate plan.

What You’ll Learn in This Episode

The difference between probate and non-probate assets, and why it matters.

The three ways assets pass at death:

• By contract: through beneficiary designations or payable-on-death forms
• By operation of law: through joint ownership with survivorship rights
• By Will: through the probate process.

Use two simple questions to determine whether something you own is a probate asset:

#1: Am I the sole owner of the asset?

#2: Does it pass by contract?

Real-life examples of how these rules play out with:

• Jill’s IRA (passes by contract)
• Her house (passes by operation of law)
• Her mother’s antique ring (passes by Will)

What happens when you die without a Will (and why the government does not take everything).

State-by-state differences in intestate succession, including Tennessee and Michigan examples.

How even a simple Will can make life easier for the people you leave behind.

Key Takeaways

A Will only controls your probate assets, not everything you own.

Beneficiary designations and joint ownership override your Will.

If you die without a Will, your state’s intestacy laws decide who inherits your probate property.

Having a Will is less about wealth and more about reducing stress and conflict for your loved ones.

If you don’t have a Will, you should still:

• Organize your financial and asset information.
• Sign a healthcare proxy and advance directive and fill out a medical information sheet.
• Complete a personal information sheet and tell someone you trust where to find it.

Resources & Links

Estate Planning Support Services: Make the process clear, organized, and doable, from finding an attorney in your state to understanding your documents.

Episode Mention: Why You Need (or Don’t Need) a Trust: Listen here.

Financial Information Spreadsheet: Click here.

Medical Information Sheet & Advance Directive Forms: Access state-specific forms

Personal Information Sheet: Click here.

Submit a question for Tuesday Triage here.

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 a common misconception: that you have to serve as Executor just because your name appears in a Will. She explains when, and how, you can decline the role while still protecting family relationships and yourself.

What You’ll Learn in This Episode

You Have a Choice. Just because you’re named in a Will doesn’t mean you’re required to serve. Each state has a process to determine who can step in if you decline.

Executor vs. Personal Representative. Understand the difference between these roles and why “personal representative” is the broader term that includes Executors appointed by a Will and others chosen by the court.

How the Priority List Works. Jill walks through Michigan’s hierarchy for who can serve as personal representative, from those named in the Will, to surviving spouses, beneficiaries, heirs, creditors, and, finally, the public administrator.

What Happens If No One Steps Up. Learn what it means when a creditor, or even the state, takes over estate administration, and what that process looks like in real life.

The Emotional Side of Saying No. Being named Executor can feel like an honor or an obligation, especially for those raised to always “show up” for family. Jill shares why it’s okay to say no, or to say yes, with conditions that protect your time and well-being.

Resources & Links

Check out Jill’s probate and estate administration support services

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!

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.

Thinking about using a Ladybird deed (also known as a transfer-on-death deed) to keep your house out of probate? It may sound like the perfect shortcut but it can create more problems than it solves. In this episode, Jill is joined by Minnesota attorney Jen Gumbel to unpack the good, the bad, and the unintended consequences of these deeds. Together, they explore why they’re tempting, where they go wrong, and how they fit (or don’t fit) into a thoughtful estate plan.

Key Takeaways

• Deeds:  A deed proves ownership of real estate and transfers property. A transfer-on-death deed avoids probate, but only if completed and recorded correctly.
• DIY Pitfalls: Errors in legal descriptions, notarizations, or required signatures (like spousal consent) can invalidate the transfer-on-death deed.
• Beneficiary Risks: If a named beneficiary dies before you, the outcome depends on state law. Without careful planning, the property may end up in probate anyway.
• Joint Ownership Complications: Naming multiple beneficiaries as joint tenants can create unintended consequences, like one child inheriting everything by survivorship.
• Trusts vs. Deeds: Trusts provide rules and flexibility that deeds can’t. Using a trust as the beneficiary of a transfer-on-death deed can combine probate avoidance with better safeguards.
• Medicaid Liens: In states like Minnesota, transfer-on-death deeds do not protect against Medicaid liens. 
• Insurance Gaps: When property passes automatically, insurance coverage may lapse unexpectedly. Families can be left unprotected if a death and disaster occur close together.
• Revocation and Public Records: Transfer-on-death deeds can be revoked, but all deeds are public record, meaning family members may later see the changes, creating confusion or conflict.
• Strategy Over Shortcuts: Deeds are tools, not strategies. Without an overall estate plan, using transfer-on-death deeds alone can leave loved ones with costly, stressful problems.

Resources and Links:

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

Connect with Jen:

• At Wagner Oehler, Ltd: Jen Gumbel
• At Organized (after)Life

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.

Leslie signed her Will five years ago when she had one child. Last year, she had twins. Does her old Will still work—or does it need to be updated? In this episode, Jill answers Leslie’s question and dives into the legal concept of “pretermitted children.” Jill looks at how different states handle this issue and unpacks what happened in the high-profile estates of Heath Ledger and Anna Nicole Smith when their Wills didn’t account for new children. 

What You’ll Learn in This Episode

When a Will may still work with more children. Some Wills are drafted with language that automatically includes “any child born or adopted after the date of this Will.” If that’s the case, you may not need to update your documents every time your family grows.

What “pretermitted children” are and why it matters. Most states have laws that protect children born after a Will is signed so they aren’t unintentionally disinherited. These laws can dramatically change how an estate is divided.

How Tennessee law handles afterborn children. In Tennessee, a pretermitted child can claim a share of the estate as though the parent had died intestate, without a Will, potentially reducing what other beneficaries receive.

How the same Will can have totally different outcomes in different states. Using Leslie’s example, her twins could inherit a share under Tennessee law, but in New York they might get nothing. State law really does matter.

Celebrity cautionary tales

• Heath Ledger: His Will predated the birth of his daughter. New York law could have entitled her to everything, but his family voluntarily gave her the estate.
• Anna Nicole Smith: Her Will disinherited future children, but because her only named beneficiary had died, her infant daughter inherited everything through the laws of intestate succession

The DNA twist. A 2023 Oklahoma case shows how modern DNA testing can lead to surprise inheritance claims from unknown (or unacknowledged) children.

When you should update your Will
Even if your Will includes future children, you’ll need an update if:

• A child has special needs that require specific planning.
• Your circumstances or state laws have changed.
• You’re not sure your existing documents reflect your intentions.

Resources & Links

• Do You Need a Will? Video – Jill explains probate vs. non-probate assets.
• Estate Plan Audit – A focused one-hour Zoom session to review your documents and flag gaps or outdated terms.
• Submit your question for a future Tuesday Triage 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.

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]
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• 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.