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

What You Need to Know Before Editing Your Will

What happens if you simply cross out part of your Will, write “VOID” above it, and initial the change? The answer is more complicated, and riskier, than most people realize. In this episode, estate planning attorney Jill Mastroianni explains why making handwritten changes to your estate planning documents can create confusion, trigger litigation, and ultimately change how your assets are distributed. Through two real Tennessee court cases, you'll learn why “just one little edit” can have consequences that last for years and why creating a fresh document is always the better solution. What You’ll Learn in This Episode * Why handwritten edits to estate planning documents can create expensive legal disputes. * The difference between modifying a healthcare advance directive and creating a new one. * Why clean, updated estate planning documents are easier for your loved ones, and medical providers, to rely on. * What happened in two Tennessee Court of Appeals cases involving handwritten changes to Wills. * How revoking one provision of a Will can unintentionally change who inherits your property. * What a residuary clause is and why it’s one of the most important provisions in a Will. * Why assets may pass through intestate succession even if you have a Will. * The risks of relying on DIY estate planning or making changes with a pen instead of updating your documents properly. Resources & Links Watch this episode on YouTube: https://youtu.be/DIie_NLlXto [https://youtu.be/DIie_NLlXto] Free Healthcare Advance Directives: https://www.caringinfo.org/planning/advance-directives/by-state/ [https://www.caringinfo.org/planning/advance-directives/by-state/] Related Podcast Episodes * How to Write Your Own Will (and Why You Shouldn't): https://www.deathreadiness.com/podcast/50 [https://www.deathreadiness.com/podcast/50] * What Every Parent Needs to Know When Their Child Turns 18: https://www.deathreadiness.com/podcast/episode-22-what-every-parent-needs-to-know-when-their-child-turns-18 [https://www.deathreadiness.com/podcast/episode-22-what-every-parent-needs-to-know-when-their-child-turns-18] Tennessee Cases Discussed * In re Estate of Dye, 565 S.W.2d 219 * In re Estate of Warren, 3 S.W.3d 493  Need to Update Your Tennessee Estate Plan? Learn more about Jill's flat-fee Tennessee estate planning services: https://www.deathreadiness.com/estate-planning-solution [https://www.deathreadiness.com/estate-planning-solution] Connect with Jill: * Website: DeathReadiness.com [https://oversimplyllc.com] * Email: jill@deathreadiness.com [jill@deathreadiness.com] * Learn more about Jill’s solutions [https://www.deathreadiness.com/services] * Subscribe [https://death-readiness.myflodesk.com/btndi6bsi6] to the Death Readiness Dispatch! * Ask a question for Tuesday Triage [https://www.deathreadiness.com/tuesdaytriage] 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.

Why Your Power of Attorney Can't Do Everything

When someone you love names you as agent under a power of attorney, it can feel like you'll be able to step in and handle whatever needs to be done. But what happens when the law says otherwise? In this episode, I share the story of a Tennessee woman who discovered that even a broad financial power of attorney has limits. Through a real-life example involving a conservatorship, a probate estate, and a Florida real estate sale, we'll explore what powers of attorney can do, what they can't do, and how thoughtful estate planning can help ensure the right people have the right authority when it's needed most. Along the way, you'll learn why caring deeply about someone doesn't automatically give you the legal ability to act on their behalf, and how one woman's careful estate planning may continue helping others long after she's gone.  What You’ll Learn in This Episode * Why a financial power of attorney gives authority over your affairs, but not necessarily over every role you hold.  * The difference between acting for yourself and serving in a fiduciary role for someone else.  * Why an agent under a power of attorney cannot automatically step in as an executor, conservator, trustee, board member, or other fiduciary.  * How courts determine who serves as a successor executor or conservator when the original person can no longer serve.  * What a fiduciary is and why fiduciary responsibilities are more common than many people realize.  * How revocable trusts can help avoid probate delays, especially when you own real estate in multiple states.  * Why funding your trust is just as important as creating it.  * The importance of confirming that a named successor trustee is actually willing and able to serve.  * How thoughtful estate planning can remove obstacles for loved ones and even help people you've never met.  Resources & Links Related Episodes Watch this episode on YouTube: https://youtu.be/ZAUuZrrsot8 [https://youtu.be/ZAUuZrrsot8] Episode 17: How Powers of Attorney Work, When to Use Them, and When It's Too Late to Get One: https://www.deathreadiness.com/podcast/episode-17-how-powers-of-attorney-work-when-to-use-them-and-when-its-too-late-to-get-one [https://www.deathreadiness.com/podcast/episode-17-how-powers-of-attorney-work-when-to-use-them-and-when-its-too-late-to-get-one] Episodes Featuring Kristen Lewis * Episode 8: A Parents’ Guide to Special Needs Estate Planning: https://www.deathreadiness.com/podcast/a-parents-guide-to-special-needs-estate-planning [https://www.deathreadiness.com/podcast/a-parents-guide-to-special-needs-estate-planning] * Episode 9: How to Choose the Right Special Needs Estate Planning Team: https://www.deathreadiness.com/podcast/how-to-choose-the-right-special-needs-estate-planning-team [https://www.deathreadiness.com/podcast/how-to-choose-the-right-special-needs-estate-planning-team] Tennessee Estate Planning Services: https://www.deathreadiness.com/estate-planning-solution [https://www.deathreadiness.com/estate-planning-solution] Connect with Jill: * Website: DeathReadiness.com [https://oversimplyllc.com] * Email: jill@deathreadiness.com [jill@deathreadiness.com] * Learn more about Jill’s solutions [https://www.deathreadiness.com/services] * Subscribe [https://death-readiness.myflodesk.com/btndi6bsi6] to the Death Readiness Dispatch! * Ask a question for Tuesday Triage [https://www.deathreadiness.com/tuesdaytriage] 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 You Need to Know About Corporate Trustees

Michael thought he had done everything right. He created a revocable trust, avoided probate, and named a neutral third party to serve as trustee after his death. But when the corporate trustee declined to serve, his family spent fourteen years trying to untangle the consequences. In this episode, Jill explains what corporate trustees do, why they sometimes say no, and how to make sure your estate plan works not just on paper, but in real life. What You’ll Learn in This Episode * Why avoiding probate shouldn't be the only goal of estate planning * What a corporate trustee is and how it differs from an individual trustee * Reasons a corporate trustee might decline to serve * Why trust companies have minimum asset requirements and internal policies * How certain assets, like closely held business interests and mineral rights, can complicate trust administration * What silent trusts are and why some corporate trustees are hesitant to administer them * Why some institutions decline to serve as trustee of an irrevocable life insurance trust (ILIT) * How involving a corporate trustee during the planning process can help identify potential problems before they affect your family * What happens when no trustee is available to serve after your death * How state trust laws addresses vacancies in trusteeship * The importance of naming backup trustees and creating contingency plans Resources & Links Watch this episode on YouTube: https://youtu.be/8yPS4NeTQng  Episode 19: Why You Need or Don’t Need a Trust: https://www.deathreadiness.com/podcast/episode-19-how-to-know-if-you-need-a-trust [https://www.deathreadiness.com/podcast/episode-19-how-to-know-if-you-need-a-trust] Tennessee Estate Planning Solution: https://www.deathreadiness.com/estate-planning-solution [https://www.deathreadiness.com/estate-planning-solution] Connect with Jill: * Website: DeathReadiness.com [https://oversimplyllc.com] * Email: jill@deathreadiness.com [jill@deathreadiness.com] * Learn more about Jill’s solutions [https://www.deathreadiness.com/services] * Subscribe [https://death-readiness.myflodesk.com/btndi6bsi6] to the Death Readiness Dispatch! * Ask a question for Tuesday Triage [https://www.deathreadiness.com/tuesdaytriage] 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.

How Creditors Can Delay a Probate Estate

Can you open a probate estate, distribute the assets, close the file, and move on without worrying about creditors? Not quite. In this episode of The Death Readiness Podcast, Jill answers a listener's question about why probate sometimes feels painfully slow. Using Tennessee law as an example, she explains how the creditor claims process works, why executors can't simply skip legal formalities, and what can happen if beneficiaries receive their inheritances before all of the creditor deadlines have expired.  What You’ll Learn in This Episode * Why probate courts don't allow executors to rush through estate administration * What it actually means to "open" a probate estate * Why probate courts publish Notices to Creditors * What "reasonably ascertainable" creditors are and why they matter * How creditor notice deadlines work * Why certified mail can play an important role in probate administration * What happens if beneficiaries receive distributions before all creditor deadlines expire * Why beneficiaries may be required to return inherited funds to satisfy valid creditor claims * What it means for a creditor to formally "file a claim" against an estate * Why a creditor can't simply call the executor and ask to be paid * What documentation creditors must provide when filing a claim * Why filing a claim doesn't automatically mean the creditor gets paid * How executors decide whether to accept or object to a creditor's claim * Why sometimes it makes financial sense to pay a small disputed claim rather than litigate it * The importance of following legal formalities, even when they seem inefficient or unnecessary Resources & Links Watch this episode on YouTube: https://youtu.be/CikfGGHRNmQ [https://youtu.be/CikfGGHRNmQ] Ask a question for Tuesday Triage: https://www.deathreadiness.com/tuesdaytriage [https://www.deathreadiness.com/tuesdaytriage] Connect with Jill: * Website: DeathReadiness.com [https://oversimplyllc.com] * Email: jill@deathreadiness.com [jill@deathreadiness.com] * Learn more about Jill’s solutions [https://www.deathreadiness.com/services] * Subscribe [https://death-readiness.myflodesk.com/btndi6bsi6] to the Death Readiness Dispatch! * Ask a question for Tuesday Triage [https://www.deathreadiness.com/tuesdaytriage] 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 You Need to Know About Estate Planning at 30

What estate planning documents does a healthy 30-year-old actually need? In this episode of The Death Readiness Podcast, Jill answers a question from a young listener who wondered what someone her age should be doing about estate planning. Using stories from her own life, including the loss of several young friends, Jill explains why estate planning isn't just for retirees. You'll learn why powers of attorney and healthcare advance directives may be more important than a Will when you're young, how the famous Nancy Cruzan case changed the conversation around end-of-life decision-making, and what a recent Michigan court decision means for pregnant individuals and advance directives. Most importantly, you'll learn why estate planning doesn't have to be perfect; it just has to start. What You’ll Learn in This Episode Why Young Adults Often Avoid Estate Planning Most people in their twenties and thirties aren't ignoring estate planning because they're irresponsible. They're avoiding it because no one has ever explained it to them. Estate planning feels expensive, complicated, and irrelevant—until life proves otherwise.  The Four Core Estate Planning Documents Jill explains the four foundational documents that make up a basic estate plan: * Last Will and Testament  * Financial Power of Attorney  * Healthcare Power of Attorney  * Healthcare Advance Directive (Living Will)  She also shares which of these documents she actually had when she was thirty years old.  Why Powers of Attorney Matter More Than You Think A financial power of attorney allows someone you trust to manage financial matters if you're unable to do so yourself. Jill explains the difference between immediate and springing powers of attorney and why she chose to put one in place long before she thought she would ever need it.  Bad Things Happen to Young People Too Estate planning isn't just about death. Jill reflects on the loss of former teammates, friends, and family members whose lives changed unexpectedly due to illness, accidents, and catastrophic medical events. Those experiences taught her an important lesson: A tragedy may be unlikely, but it's never impossible.  What Nancy Cruzan Can Teach Us Nancy Cruzan was only 25 years old when a car accident left her in a persistent vegetative state. Because she hadn't left clear instructions about her wishes, her family spent years in court, including a case before the United States Supreme Court, trying to answer one heartbreaking question: What would Nancy have wanted?  Michigan's New Advance Directive Ruling A recent Michigan court decision struck down a state law that prevented patient advocates from carrying out certain end-of-life decisions for pregnant patients. Jill explains: * What the law previously said  * Why it was challenged  * How the ruling affects Michigan residents  * Why pregnancy-related restrictions on advance directives still exist in many states  This discussion also connects to the story of Adriana Smith, the Georgia nurse whose case sparked a national conversation about pregnancy and end-of-life decision-making.  Do You Need a Will at 30? Jill shares her own situation as a 30-year-old attorney: * Single   * No children  * Two retirement accounts  * A checking account  * A house  She explains why she didn't have a Will at that stage of life and why beneficiary designations and account titling can sometimes accomplish much of what young adults need.  Estate Planning Isn't a Pass-Fail Test One of the biggest mistakes people make is believing they need to do everything perfectly. Instead, Jill encourages listeners to think of estate planning as a series of small steps: * Sign a healthcare power of attorney  * Complete an advance directive  * Create a financial power of attorney  * Add beneficiaries to accounts  * Organize key information for loved ones  Every step makes life easier for the people who may one day need to help you. Resources & Links Watch this episode on YouTube: https://youtu.be/Nde4fFp5Hmk [https://youtu.be/Nde4fFp5Hmk] The Death Readiness Playbook: https://www.deathreadiness.com/playbook [https://www.deathreadiness.com/playbook] Important Information Sheets: https://www.deathreadiness.com/resources/important-information-sheets [https://www.deathreadiness.com/resources/important-information-sheets] Michigan statutory financial power of attorney form: https://www.michigan.gov/ag/news/press-releases/2025/08/06/fillable-power-of-attorney-forms-now-available-on-department-of-attorney-general-website [https://www.michigan.gov/ag/news/press-releases/2025/08/06/fillable-power-of-attorney-forms-now-available-on-department-of-attorney-general-website] Access state-specific Healthcare Power of Attorney forms: https://www.caringinfo.org/planning/advance-directives/by-state/ [https://www.caringinfo.org/planning/advance-directives/by-state/] Episode 17: How Powers of Attorney Work, When to Use Them, and When It’s Too Late to Get One: https://www.deathreadiness.com/podcast/episode-17-how-powers-of-attorney-work-when-to-use-them-and-when-its-too-late-to-get-one [https://www.deathreadiness.com/podcast/episode-17-how-powers-of-attorney-work-when-to-use-them-and-when-its-too-late-to-get-one] Episode 22: What Every Parent Needs to Know When Their Child Turns 18: https://www.deathreadiness.com/podcast/episode-22-what-every-parent-needs-to-know-when-their-child-turns-18 [https://www.deathreadiness.com/podcast/episode-22-what-every-parent-needs-to-know-when-their-child-turns-18] Episode 23: What Happens When a Pregnant Woman Is Declared Brain Dead?:  https://www.deathreadiness.com/podcast/episode-23-what-happens-when-a-pregnant-woman-is-declared-brain-dead [https://www.deathreadiness.com/podcast/episode-23-what-happens-when-a-pregnant-woman-is-declared-brain-dead] Episode 68: Why Good Powers of Attorney Still Fail: https://www.deathreadiness.com/podcast/68 [https://www.deathreadiness.com/podcast/68] Connect with Jill: * Website: DeathReadiness.com [https://oversimplyllc.com] * Email: jill@deathreadiness.com [jill@deathreadiness.com] * Learn more about Jill’s solutions [https://www.deathreadiness.com/services] * Subscribe [https://death-readiness.myflodesk.com/btndi6bsi6] to the Death Readiness Dispatch! * Ask a question for Tuesday Triage [https://www.deathreadiness.com/tuesdaytriage] 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.