
Hosted by Jill Mastroianni - Estate Planning & Probate Attorney/Lawyer for Women · EN

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

New clients came in with two life insurance trusts—professionally drafted, signed, notarized, and organized in beautiful binders. There was just one problem: the trusts didn’t do anything. In this episode, Jill breaks down what an irrevocable life insurance trust (ILIT) is, when it actually makes sense, and how it fails when no one follows through. This is a real-life look at the gap between having documents and having an estate plan that actually works. What You’ll Learn in This Episode What an irrevocable life insurance trust (ILIT) actually does Why ILITs are primarily used to address estate tax The current federal estate tax exemption and why most people don’t need an ILIT The difference between estate tax and estate income tax (Form 706 vs. Form 1041) Why “setting up” a trust is not the same as “funding and administering” it The key questions to ask about any life insurance policy: Who owns it? Who is the beneficiary? Why an ILIT that isn’t connected to the policy is just a stack of paper What’s actually involved in creating and maintaining an ILIT How gift tax rules apply when funding a life insurance trust What Crummey letters are and why they matter Why serving as trustee is a real job, not just a title How the “trust recession” is changing the way people approach estate planning Resources & Links Watch this episode on YouTube: https://youtu.be/JaE0tkaacoU Episode 5, Why you shouldn’t worry about the estate tax: https://www.deathreadiness.com/podcast/why-you-shouldnt-worry-about-the-estate-tax Get your copy of The Death Readiness Playbook: www.deathreadiness.com/playbook Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

A living will and a last will and testament sound similar but they do completely different jobs. In this episode, Jill breaks down the difference in plain English so you know what goes where and why it matters. She also walks through a recent Michigan court decision that changes how advance directives work and raises a bigger question: who gets to decide in a medical crisis? What You’ll Learn in This Episode Why these documents get confused. “Living will” and “last will” sound similar, but they operate at completely different times and serve different purposes. What a living will actually does Covers medical decisions when you’re alive but unable to speak Addresses questions like life support and end-of-life care In Michigan, this is part of an advance directive, not a standalone document The role of a patient advocate The person you name to make healthcare decisions for you Can act any time you’re incapacitated, not just at end of life What changed in Michigan law (April 2026) A court struck down a rule preventing patient advocates from honoring a pregnant patient’s end-of-life wishes The case centered on reproductive freedom under Michigan’s constitution What a last will and testament does Takes effect after death Controls distribution of probate assets, appointment of a personal representative, and guardianship for minor children Does not control medical decisions The simplest way to think about it Living will = medical decisions while you’re alive Last Will = financial and administrative decisions after death Why this matters for your family A living will gives direction in a hospital room A last will gives structure after death Resources & Links Watch this episode on YouTube: https://youtu.be/N4in8DLF7Mw Related Episode: How to Write Your Own Will and Why You Shouldn’t: https://www.deathreadiness.com/podcast/50 Submit a Question for Upcoming Guest Blair Martin (Financial Advisor): Email: jill@deathreadiness.com Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

When someone dies, there’s no master list of what they owned and no automatic system that pulls it all together. In this episode, Jill walks through what actually happens when families try to track down assets, why unclaimed property isn’t the safety net people think it is, and how a lack of organization can turn estate administration into a frustrating, years-long scavenger hunt. This is where estate planning meets real life and where most plans break down. What You’ll Learn in This Episode There is no central database of your assets. Death doesn’t come with a built-in inventory. When you die, your fiduciary has to piece everything together manually. Finding assets is one of the hardest parts of estate administration. Executors often start with tax returns to identify income-producing assets but that’s only a partial picture. Even professionals don’t have perfect tools. Asset-search platforms (like Trustate) can help, but they rely on incomplete databases and still require human follow-up. People, not systems, are often the biggest bottleneck. Accessing information frequently depends on whether someone is willing (or able) to respond, not whether the information exists. Unclaimed property is not a reliable backup plan. Assets only end up there if institutions know someone has died and can’t locate an owner and even then, it can take years. Estate planning isn’t just documents; it’s information sharing. Having a will or trust is not enough if no one knows what you own or where to find it. Your fiduciary can’t guarantee they’ll find everything. Even the most diligent executor can only follow leads. They can’t recover what they don’t know exists. Preparation reduces emotional and administrative burden. Organizing your assets now is one of the most practical ways to support your family later. Resources & Links Watch this episode on YouTube: https://youtu.be/_fNqrE306C8 The Death Readiness Playbook. A practical guide + worksheets to help you organize your assets and make estate administration easier for your family: https://www.deathreadiness.com/playbook Sunny Care Services (Mollie Lacher). Professional executor and personal representative services: https://sunnycareservices.com/ Trustate: https://www.trustate.com/ Pet Information Sheet: https://www.deathreadiness.com/pet-important-info-sheet Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

Agreeing to serve as an executor, trustee, or agent under a power of attorney often feels like the right thing to do but it’s also one of the most overlooked risks in estate planning. In this episode, Jill flips the perspective and walks through what you need to evaluate before you say yes to a fiduciary role in someone else’s estate plan. From compensation and liability to knowing when to step in and how to step out, this episode highlights the gap between estate planning documents and real-life execution. Because a well-drafted estate plan only works if the people named in it are set up to succeed. What You’ll Learn in This Episode Why saying “yes” to serving in an estate plan can create unexpected stress, conflict, and liability The five key questions to ask before agreeing to serve as executor, trustee, or agent under a power of attorney How estate planning documents often fail to prepare fiduciaries for real-world responsibilities Why estate planning isn’t just about documents; it’s about implementation Key Takeaways for Estate Planning 1. Serving in an Estate Plan Is a Job—Not a Favor. Acting as executor, trustee, or power of attorney requires time, decision-making, and accountability. Estate planning documents should clearly address compensation. If compensation isn’t defined, it can lead to tension, burnout, or refusal to serve. 2. Understand When Your Authority Begins. Powers of attorney are either immediate or springing. “Incapacity” must be clearly defined within the power of attorney document. Without clarity, fiduciaries are left navigating gray areas with banks, doctors, and family members. 3. Know How to Step Down. Estate planning should include a clear resignation process for fiduciaries. Questions to ask include: Who needs to be notified? Is a successor already named? Are you required to continue until replaced? 4. Protect Yourself from Liability. Serving in an estate plan carries real legal risk. Non-professional fiduciaries often lack insurance protection. Estate planning documents should include indemnification language to protect you. 5. You Need Information to Do the Job. Most people step into estate roles with little to no asset visibility. A strong estate plan includes asset inventories, clear instructions and ongoing updates. Resources & Links Watch this episode on YouTube: https://youtu.be/QGPDhEcvktg Limitation of Liability Language: I recognize that the Executor of my Estate may be an individual who is not a professional fiduciary. In order to induce such individual to serve in such capacity, I hereby direct that the assets of the Estate be used to indemnify and hold any individual non-professional fiduciary serving as Executor harmless with respect to any and all acts, except for fraud and bad faith of such individual in connection with (i) the administration of my Estate, and (ii) the investment of assets with respect to my Estate. Mollie Lacher’s services: https://sunnycareservices.com/our-services/ The Death Readiness Playbook: www.deathreadiness.com/playbook The Death Readiness Playbook Co-Branding: www.deathreadiness.com/playbookbranding Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com 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.

Can you stop your child from inheriting money, even if the trust says they should? In this estate planning episode, we walk through a real-life scenario where a mother is trying to protect her son from receiving a large inheritance at the wrong time. Along the way, we break down how estate planning tools like trusts actually work in real life, what trustees can and can’t do, and why you can’t simply “use up” a trust to avoid passing money on. We also introduce a powerful (and often overlooked) tool, a power of appointment, that might allow you to adjust what happens next, even when a trust is irrevocable. Because sometimes the plan is set… but not completely locked. What You’ll Learn about Estate Planning Why estate planning often includes trusts, even for families who don’t consider themselves wealthy What a trustee does and what fiduciary duty really means How the HEMS standard (health, education, maintenance, and support) shapes trust distributions in estate planning Real-life examples of what trusts allow, and don’t allow, when it comes to distributions Why you can’t “spend down” a trust to avoid passing assets in an estate plan How estate planning balances the needs of current and future beneficiaries What “irrevocable” means in estate planning, and where flexibility may still exist What a power of appointment is and how it functions within an estate plan The difference between a limited and general power of appointment in trusts Why exercising a power of appointment requires proper legal execution How estate planning can be adapted to better protect vulnerable beneficiaries Resources & Links Watch this episode on YouTube: https://youtu.be/YBOGjuhJkyA Estate Plan Audit: Understand your existing estate planning documents and how they actually work in real life: https://deathreadiness.com/audit Examples of powers of appointment: Limited Power of Appointment. Upon the Child’s death, the Child shall have the power, exercisable only by specific reference in such Child's valid Last Will and Testament or Qualified Revocable Trust, to appoint the income and principal of the Child's trust as they exist upon my Child’s death, in whole or in part, to or for the benefit of one or more of the descendants of my father, John Smith, and one or more of the descendants of my spouse’s father, Robert Carpenter, in such amounts and proportions, and on such terms and conditions, either outright or in trust, as the Child may direct, provided, this power shall not be exercised in favor of the Child, the Child's creditors, the Child's estate, creditors of the Child's estate, or in any manner that would result in any economic benefit to the Child. To the extent the Child does not exercise this testamentary limited power of appointment, the remaining assets of the Child’s Trust shall be administered as provided, below, following the Child’s death. General Power of Appointment. Upon the beneficiary’s death, the beneficiary shall have the power, only by specific reference to this power in the beneficiary’s valid Last Will and Testament, to appoint such portion or all of the assets otherwise distributable from such trust, to the beneficiary’s creditors, the creditors of the beneficiary’s estate, and the beneficiary’s estate. To the extent the beneficiary does not exercise this general power of appointment, the remaining assets of the trust shall be administered as provided, below, following the beneficiary’s death. Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com 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.

What happens if you don’t name a beneficiary on your retirement account? Most people assume it goes to the estate. But that assumption can be dangerously wrong. In this episode, Jill walks through a real case where getting this wrong would have cost a surviving spouse more than $300,000, and explains what actually controls the outcome in your estate planning. What You’ll Learn in This Episode Why retirement accounts don’t follow your estate planning documents. Retirement accounts are generally non-probate assets if beneficiary designations are used, meaning they pass outside of your Will and traditional estate planning structure. The beneficiary designation controls. The estate planning mistake people (and professionals) make. Most people assume that if no beneficiary is named, the account automatically becomes part of your probate estate. In reality, the estate planning outcome depends on the plan agreement. Why “that’s just how it works” can derail your estate plan. When it comes to estate planning, assumptions can be expensive. The better question is:“How do we know that?” How intestate succession impacts your estate plan. If assets flow through your estate without a Will, state law controls distribution, often producing outcomes that don’t align with your intended estate planning goals. What effective estate planning actually looks like. Estate planning isn’t just documents—it’s understanding what controls each asset, asking better questions, and verifying the details instead of relying on assumptions. Resources & Links Watch the podcast on YouTube: https://youtu.be/nzQsb2bo9JY The Death Readiness Playbook (2nd Edition) A practical tool to support your estate planning and organize what actually matters:https://deathreadiness.com/playbook Weekly Newsletter (Estate Planning Insights) Get ongoing guidance and real-world estate planning examples:https://deathreadiness.com/subscribe Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com 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.

A viral GoFundMe campaign for a DooDash delivery driver reminds us that generosity, while beautiful, can have unintended consequences. In this episode, Jill walks through real-life examples from her law practice to explain how giving money, especially to someone receiving government benefits, can sometimes do more harm than good. Thoughtful generosity often requires slowing down and understanding the full picture. What You’ll Learn in This Episode Why good intentions aren’t always enough. Even well-meaning financial help can create serious legal and financial consequences when government benefits like Medicaid are involved. What “means-tested benefits” actually means. Programs like Medicaid require recipients to stay below strict income and asset limits to qualify and remain eligible. How a financial gift can backfire. A lump sum (like GoFundMe proceeds) count as income in the month received. If retained, the lump sum becomes a resource in the following month. Both an increase in income and an increase in resources can push someone over eligibility limits and cause a loss of government benefits The real cost of “help.” A $10,000 gift could trigger loss of coverage and result in tens of thousands of dollars in out-of-pocket medical or nursing home costs. Why Medicaid eligibility is not “set it and forget it.” Eligibility is reviewed regularly, and changes in income or assets can trigger reassessment or penalties. How small details can cause big problems. Even something like a life insurance policy structured incorrectly can jeopardize benefits eligibility. The hidden questions behind sudden wealth. When someone receives a large sum of money: (i) Can they manage it responsibly? (ii) Are they protected from scams or pressure to give or loan money? (iii) Do they have an estate plan in place? The core principle: “First, do no harm.” Sometimes the most compassionate action is to pause, ask questions, and ensure your help actually helps. Resources & Links Brittany and Richard’s News Clip on YouTube: https://www.youtube.com/watch?v=wnYmQH4Ivv4 Brittany’s GoFundMe campaign for Richard’s benefit: https://www.gofundme.com/f/give-richard-a-chance-to-rest-again Episode 20: What You Need to Know about Medicaid and Protecting Your Mom’s House: https://www.deathreadiness.com/podcast/episode-20-what-you-need-to-know-about-medicaid-and-protecting-your-moms-house Jill’s Tennessee Estate Planning Solution: Estate Planning Solution — Death Readiness Subscribe to Jill’s email newsletter: Subscribe — Death Readiness Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com 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.

Your parents paid thousands of dollars for a revocable trust but none of the assets were ever transferred into it. Did their estate planning attorney make a mistake? In this episode of The Death Readiness Podcast, Jill Mastroianni explains what it actually means to fund a trust, why this step is essential for the plan to work, and who is typically responsible for doing it. She also walks through a real-world example showing how failing to fund a trust can cost families hundreds of thousands of dollars in probate fees and create a huge administrative burden for adult children. More importantly, Jill highlights the hidden emotional cost when estate planning work falls on family members instead of being handled during the parent’s lifetime. What You’ll Learn in This Episode What “Funding a Trust” Actually Means. A trust agreement by itself does not control your assets. For the trust to work, assets must be retitled in the name of the trust. If assets remain titled in an individual’s name, they may still go through probate, even if a trust exists. Why People Create Revocable Trusts. Revocable trusts are commonly used for two main purposes:(1) Asset Management During Life--A trust allows a successor trustee (often an adult child) to step in and help manage finances if the creator of the trust becomes ill or cognitively impaired, and (2)Avoiding Probate --Assets properly titled in a trust can pass directly to beneficiaries without going through the court-supervised probate process. Why Trust Funding Gets Overlooked. Many families believe their estate plan is finished once the documents are signed. But drafting the estate planning documents and implementing the estate plan are two different steps. Common reasons funding doesn’t happen include: clients assume the attorney handles everything, attorneys expect the client to complete the transfers, financial institutions make the process difficult, and the administrative work simply gets postponed. The Emotional Cost for Adult Children. Adult children often end up acting as: administrative assistants, financial coordinators, and the ones responsible for communicating with customer service representatives at banks and insurance companies, all while balancing their own work, families, and responsibilities. Good estate planning should reduce that burden, not create it. Who Should Handle Trust Funding? Attorneys typically draft the documents, but they may not handle the administrative work of transferring every asset in the trust. Funding a trust often involves contacting financial institutions, completing transfer paperwork, updating beneficiary designations, retitling property, and coordinating insurance policies. Because this work is time-consuming, Jill recommends working with a specialist who focuses on trust funding. Jill recommends Mollie Lacher at Sunny Care Services, LLC: https://sunnycareservices.com/ Simplifying Your Financial Life. Jill also recommends simplifying financial accounts. Having assets spread across multiple institutions can make trust funding, and future management, much harder. Working with a financial advisor and consolidating accounts can help reduce administrative complexity, ensure required minimum distributions are handled correctly, and make it easier for a successor trustee or family member to step in if needed. Jill recommends Blair Martin at RW Baird: https://lexingtondt.bairdwealth.com/team/blair-c-martin Resources & Links Episode 38, Why You Need (or Don’t Need) a Will in the show notes: https://www.deathreadiness.com/podcast/why-you-need-or-dont-need-a-will 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 Mollie Lacher, Sunny Care Services, LLC: https://sunnycareservices.com/ Blair Martin, RW Baird: https://lexingtondt.bairdwealth.com/team/blair-c-martin Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com 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.

Most people think signing a power of attorney is the hard part but the real challenge is making sure it actually works when someone you love needs to use it. In this episode, Jill shares a real-life story of a daughter trying to help her mother and running into unexpected roadblocks with a bank, even though the legal documents were properly signed years earlier. You’ll learn why “good” estate planning can still fail in the real world and the five practical steps you can take now to reduce friction later. This episode is about moving from legal theory to real-life implementation because Death Readiness isn’t just paperwork; it’s making sure your plan works when life gets messy. What You’ll Learn in This Episode First: Understanding the Basics A power of attorney (POA) is the legal document. The person named to make decisions on someone else’s behalf is the agent. The person granting authority is the principal. Capacity matters: once someone loses the ability to understand decisions, the window to create a power of attorney closes. Immediate vs. springing powers of attorney — and why that distinction matters in a crisis. Real-World Lesson: Why Good Documents Still Hit Roadblocks Banks often hesitate to accept older powers of attorney. Financial institutions prioritize fraud prevention and risk reduction. Front-line employees may not feel comfortable interpreting legal documents, even valid ones. A legally sound power of attorney doesn’t always match a bank’s internal expectations. Jill’s Five Real-World Power of Attorney Tips #1 Make effectiveness obvious. Clearly state when the power of attorney becomes effective so no one is guessing in a high-stress moment. #2 Include Third-Party Reliance language. Help banks and financial institutions feel protected when they rely on your document. #3 Get your power of attorney on file early. Don’t wait for a crisis. Ask each financial institution what they need now. And be careful: Agent ≠ Joint Owner Adding someone as joint owner can change ownership rights and estate outcomes. #4 Meet banks where they are. Banks are cautious for a reason. Proactive conversations and appointments before a crisis can prevent future delays. #5 Refresh documents periodically. Even if nothing changes, updated documents often feel more reliable to third parties and can reduce resistance. Resources & Links Episode 17, How Powers of Attorney Work, When to Use Them, and When It’s Too Late to Get One Power of Attorney – Third Party Reliance Section: https://drive.google.com/file/d/1PlbNW7Ty4VUxgvrRgOnVoGQJDnoc6hol/view?usp=drivesdk Connect with Jill: Website: DeathReadiness.com Email: jill@deathreadiness.com 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.