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

Jill Mastroianni - Estate Planning & Probate Attorney/Lawyer for Women

You’re the one prepping for your child’s IEP meeting while trying to talk your aging dad out of getting a puppy. You’re booking medical appointments, managing the money, juggling work emails during school pickup and still expected to keep the fridge stocked and know who has practice, rehearsal, or a field trip tomorrow. Your parents are struggling, but they still insist they’re fine. You see the mobility issues, the memory slips, the unopened mail, but every offer to help feels like an argument. You’re scared to push. You’re scared to wait. And there’s no clear roadmap for how to do any of this without losing your mind or your family. Hosted by Jill Mastroianni, an estate planning and probate attorney and trusted guide for women holding it all together, this podcast is your space to untangle the mess. With more than a decade of legal experience, Jill brings clarity to the hardest conversations most families avoid until it’s too late. Each episode offers honest stories, practical tools, and bite-sized steps you can actually take, even if you’re overwhelmed, even if you’re grieving, even if you’re still waiting for your mom to give you the password to the computer. You don’t need a perfect plan. You just need a place to start. Death readiness isn’t about control. It’s about love and the courage to face what’s next with open eyes and a steady hand.

  1. 3d ago

    Why Your Parents' Trust Could Cost You Thousands

    Your parents may have created an irrevocable trust years ago to protect their assets and reduce estate taxes. But could that same trust leave you with a substantial income-tax bill when you inherit their property? In this episode, estate planning attorney Jill Mastroianni uses her father's lake house in the Adirondacks to explain how revocable and irrevocable trusts can produce very different tax consequences. Through a simple example involving a $3 million house, she explains how an estate plan designed to save estate taxes could result in $2.5 million of taxable gain when the property is sold. You'll also learn why estate planning decisions that made sense twenty years ago may deserve another look today, how certain irrevocable trusts can be modified or planned around, and three important questions to ask your estate planning attorney. What You'll Learn in This Episode Why the type of trust matters. A revocable trust allows its creator, the grantor, to retain control of the assets. The assets in a revocable trust are included in the grantor’s taxable estate. Certain irrevocable trusts are designed to remove the future appreciation of an asset from the grantor’s taxable estate. The difference between estate taxes and capital gains taxes. Estate taxes apply when someone dies with an estate exceeding applicable exemption thresholds. Capital gains taxes apply when inherited property is sold for more than its tax basis. How a step-up in tax basis works. Property included in someone’s taxable estate generally includes a stepped up income-tax basis equal to its fair market value at death, reducing capital gains taxes when heirs sell it. How a $3 million house could generate $2.5 million in taxable gain. Jill compares two scenarios involving a house with a $500,000 original tax basis. In one, the house receives a stepped-up tax basis at death. In the other, an irrevocable trust preserves the original tax basis, creating a substantial income-tax liability. Why an irrevocable trust may have been the right decision years ago. Estate-tax exemptions have changed dramatically. In 2026, the federal estate and gift-tax exemption is $15 million per person, although some states have their own estate taxes with lower exemptions. Why not all irrevocable trusts are the same. Trusts may be created to reduce estate taxes, address long-term care concerns, or protect assets for children and grandchildren. The appropriate planning depends on the family's goals and the trust's provisions. What a power of substitution can accomplish. Some irrevocable trusts allow the grantor to exchange, or swap, personally owned assets for trust assets of equivalent value. When properly structured, this provides an opportunity to bring appreciated property back into the grantor’s taxable estate to obtain a step up in tax basis at death. Why reviewing an older estate plan matters. Changes in tax laws, asset values, and family circumstances may mean that a trust created decades ago deserves another look. Three Questions to Ask About an Existing Irrevocable Trust If you or your parents created an irrevocable trust years ago, consider discussing these questions with your estate planning attorney: Why was the trust originally created? Was the goal to reduce estate taxes, plan for long-term care, or protect assets for future generations?Does the trust still accomplish what your family needs today? Have changes in tax laws, family circumstances, or asset values affected the original planning goals?What are the income-tax consequences? Does the trust hold highly appreciated real estate or other assets?Resources & Links Related Episodes Previous episode: Episode 98: Why You Shouldn’t Give the Kids the House Yet:  The income-tax consequences of giving your children your house during your lifetime versus leaving it to them at death. https://www.deathreadiness.com/podcast/98Related episode: Understanding estate taxes and how they affect estate planning. Episode 5: Why You Shouldn’t Worry About the Estate Tax: http://deathreadiness.com/podcast/why-you-shouldnt-worry-about-the-estate-taxThe Death Readiness Playbook Get started organizing the information, decisions, and wishes your loved ones may need someday with The Death Readiness Playbook, available in printed and digital formats. Halloween Special: Save $10 with code BOO through October 31, 2026, while supplies last. https://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! 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.

  2. Oct 13

    Why You Shouldn’t Give Your Kids the House Yet

    If you inherit a house, there’s one number you may not realize you need: what was the house worth on the date the owner died? In this episode, Jill uses a fictional house from HBO’s Somebody Somewhere to explain what happens to tax basis when you inherit property, why getting a date-of-death appraisal can matter years after someone dies, and why receiving a house as an inheritance can have very different income-tax consequences from receiving that same house as a lifetime gift. You’ll also hear why avoiding probate shouldn’t be the only consideration when deciding how to transfer property, and how solving one estate planning problem can sometimes create an entirely different tax problem. What You’ll Learn in This Episode The different ways you might inherit a house. A transfer-on-death deed, revocable trust, Will, or state intestacy law can all affect who ultimately receives real estate after someone dies. What tax basis actually means. Jill breaks down tax basis using simple numbers and explains why it matters when you eventually sell an asset. How the step-up in tax basis works. Inherited property generally receives a new tax basis based on its fair market value as of the owner's date of death, which can dramatically reduce the taxable gain when appreciated property is eventually sold. Why you should consider getting a date-of-death appraisal. You may have no intention of selling an inherited house today, but you could need to establish its tax basis ten, fifteen, or twenty years from now. Documenting the value shortly after someone dies can be much easier than trying to reconstruct it years later. What happens if you move into an inherited house. The principal-residence exclusion may allow a qualifying homeowner to exclude up to $250,000 of gain from federal income tax, or up to $500,000 in certain circumstances for married couples filing jointly. Why your parents shouldn't necessarily put the house in your name now. Property received as a lifetime gift generally carries over the donor's existing tax basis for purposes of determining gain. If your parent bought a house decades ago for substantially less than it's worth today, that difference can matter enormously. Why this isn't just about houses. The same basic tax-basis issue can arise with appreciated stock, family businesses, closely held companies, valuable collections, and other assets. Why avoiding probate isn't the whole estate plan. Putting your name on Mom's house or having Dad give you appreciated stock might accomplish one goal while creating an income-tax consequence you hadn't considered. Resources & Links Episode 44 – The Hidden Tax Traps in Lifetime GiftsLearn more about why giving appreciated property away during your lifetime can produce a very different tax result from leaving that property to someone at death. https://www.deathreadiness.com/podcast/the-hidden-tax-traps-in-lifetime-gifts Transfer-on-Death Deeds. Listen to Jill's earlier episode explaining how transfer-on-death deeds work and how they can allow real estate to pass at death without going through probate. https://www.deathreadiness.com/podcast/when-transferondeath-deeds-promise-to-avoid-probate-but-create-chaos Revocable Trusts. Explore earlier episodes of The Death Readiness Podcast discussing revocable trusts, trust funding, and how trusts can be used to transfer assets outside of probate. https://www.deathreadiness.com/podcast/episode-19-how-to-know-if-you-need-a-trust 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.

  3. Sep 22

    Why Jane Goodall’s Message Matters Right Now

    In this episode, Jill reflects on the life and legacy of Dr. Jane Goodall, exploring what it means to “do your little bit” in a world where not everyone starts from the same place. From Jane’s courage in defying gender norms to the continuing conversation around affirmative action, equity, and opportunity, this episode weaves together stories of perseverance, purpose, and the quiet power of small, determined acts.Jill connects Jane’s story to her own lessons from running cross-country, a mother’s unwavering support, and what it means to lift the next generation when we can’t always lift ourselves. Key Takeaways Starting Lines Aren’t Equal. Just like in a race, life’s starting points differ. As Dr. Martin Luther King Jr. wrote in Why We Can’t Wait, centuries of inequity can’t be erased by pretending the race is fair. Affirmative Action as Fairness, Not Favoritism. President Kennedy’s 1961 executive order introduced “affirmative action” to open doors long kept closed, not to advantage one group, but to create opportunity where opportunity was denied. The Double Tax. Economist Anna Gifty describes the “double tax” faced by women of color, the compounding burden of racism and sexism that leaves them underpaid, overcharged, and underestimated. Jane Goodall’s Courage and Conviction. When the British government told Jane she couldn’t travel alone, her mother didn’t argue — she packed a bag. Together they faced malaria and isolation so Jane’s dream could take root. It’s the truest example of lifting someone by standing right beside them. Say What You Mean, Mean What You Say. A lesson from Jill’s high school English teacher and one Jane Goodall embodied throughout her life — integrity, honesty, and consistency of purpose matter more than comfort. Doing Your Little Bit. Jane reminded us that every person makes an impact every single day. Even small, imperfect actions move the world forward. Death Readiness as Peace. Jane’s view of death as her “next great adventure” reframes readiness; it’s about living with purpose and peace, not fear. Connect with Jill: ·         Website: DeathReadiness.com ·         Email: jill@deathreadiness.com ·         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.

  4. Sep 15

    What to Expect When Hiring an Estate Planning Attorney

    Hiring an estate planning attorney shouldn’t require you to figure out your estate plan before you walk through the door. You don’t need to know whether you need a Will or a trust. You don’t need to have every fiduciary selected or every beneficiary designation figured out. And you definitely don’t need to know what provisions should go into your documents. That’s part of what you’re hiring an attorney to help you determine. In this episode, Jill takes you behind the scenes of the estate planning process and explains three things you should understand before hiring an estate planning attorney: scope, cost, and process. She also walks through her own estate planning process, from the first conversation through drafting, document review, signing, implementation, and an optional Family Estate Planning Meeting—so you know what questions to ask when choosing an attorney and what a thoughtful estate planning process can look like. What You’ll Learn in This Episode The three things to understand before hiring an estate planning attorney: scope, cost, and process. What “scope of representation” actually means. Before focusing only on the price, understand exactly what the attorney has agreed to do. Does the fee include a Will or trust? Powers of attorney? Revisions? Signing? Trust funding? Beneficiary designation assistance? What to ask about legal fees. Whether an attorney charges hourly, a flat fee, or some combination, you should understand how you’ll be charged, what is included, and when additional fees might apply. Why process matters almost as much as the documents. Ask what happens after you hire the attorney. How many meetings will you have? When will you receive drafts? Will the attorney explain them? Can you request changes? What happens after signing? Why you don’t need to arrive with all the answers. You don’t need to know whether you need a revocable trust or exactly what should happen in every possible scenario. Bring information about your family, assets, concerns, and goals. Your estate planning attorney can help you work through the legal solutions. What actually goes into drafting an estate plan. Jill explains why she doesn’t start every Will with a blank Word document and how forms developed, used, and revised over approximately 14 years of practice provide a vetted foundation that can then be customized for each client’s circumstances. Why understanding your documents matters. Receiving a stack of legal documents shouldn’t be the end goal. Jill explains how she reviews documents with clients so they understand what happens at death, who is in charge, what authority they’re giving someone under a power of attorney, and how any trusts will work. Why signing doesn’t necessarily mean you’re finished. An estate plan may also require changes to asset ownership, beneficiary designations, or trust funding. Beautifully drafted documents may not accomplish what you intended if the implementation is never completed. How much should your adult children know? Jill introduces her optional Family Estate Planning Meeting for estate planning clients, which can help adult children understand the big picture of their parents’ plan, where to find important information, who is in charge, and which professionals to contact, without requiring parents to disclose financial information they want to keep private. Remember that you’re evaluating the attorney, too. Do you feel comfortable asking questions? Does the attorney explain things in a way you understand? Do you know what you’re paying for and what happens next? Do you feel heard? Choosing an estate planning attorney is a two-way decision. Resources & Links Watch this episode on YouTube: https://youtu.be/bwP_SrhrLJs Tennessee estate planning services: https://www.deathreadiness.com/estate-planning-solution Start the estate planning process: https://www.deathreadiness.com/get-the-estate-planning-solution 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.

  5. Sep 8

    What Divorced Parents Need to Know About Life Insurance

    Your parenting plan may require you to maintain life insurance for your children. But does your beneficiary designation actually accomplish what the court order requires? In this episode of The Death Readiness Podcast, Jill looks at a life insurance provision in Tennessee’s form parenting plan and walks through what happens when you try to translate those instructions onto an actual life insurance beneficiary form. She explains why naming a minor child directly can create problems, the difference between a custodian and a trustee, and how thoughtful estate planning can help make sure the parenting plan, life insurance policy, and estate planning documents all work together. Having the life insurance policy is only part of the plan. The money also needs a clear path to the people you intended to protect. What You’ll Learn in This Episode Why divorce should trigger an estate plan review. If your parenting plan or divorce agreement requires you or your former spouse to maintain life insurance, that requirement needs to be considered alongside your estate planning documents and beneficiary designations. Why a court order may not tell you everything you need to know. Tennessee’s form parenting plan can require a child to be named as the beneficiary of life insurance with an adult serving as “trustee,” but that language may be surprisingly difficult to translate onto an insurance company’s beneficiary designation form. What can happen when you name a minor directly. A life insurance company may not be able to simply hand a large death benefit to a child. Depending on the circumstances, payment could be delayed while a court appoints a guardian to manage the child’s assets. The difference between a custodian and a trustee. A custodian under the Uniform Transfers to Minors Act, or UTMA, can manage property for a minor without a separately drafted trust. But a custodian and a trustee are not the same thing, and that distinction matters when you’re also trying to comply with a court order. Why UTMA can be useful but may not be the ideal long-term solution. UTMA can provide a relatively simple way for an adult to manage money for a child, but the child eventually receives control of the property at the age specified by state law, usually age 21. That may not be what you want for a significant life insurance benefit. Why simply selecting “trust” on a beneficiary form may not solve the problem. If the insurance company asks for the trust’s name, date, and other identifying information, you need an actual trust, not simply language in a parenting plan referring to someone as a trustee. How a trust created under a Will can provide the missing instructions. A properly drafted Will can create a trust that identifies who manages the life insurance proceeds, what the money can be used for, how long the trust lasts, what happens to money that remains, and who steps in if the original trustee cannot serve. Why the beneficiary designation cannot be considered in isolation. The goal is for the parenting plan, estate planning documents, and life insurance beneficiary designation to all tell the same story. Why state law matters. In the Tennessee example discussed in the episode, Jill explains how she may coordinate the beneficiary designation with a trust created under the Will. But the treatment of life insurance proceeds is state-specific, so this is not a strategy to adopt without first considering the law where you live. Resources & Links Watch this episode on YouTube: https://youtu.be/vmCCII-x5AU Tennessee Permanent Parenting Plan Order. Review the Tennessee form discussed in this episode, including the life insurance provision in Part III, Section E. https://circuitclerk.nashville.gov/forms-permanent-parenting-plan/ Estate Planning After Divorce. Listen to Jill’s earlier episode about estate planning changes to consider after a divorce. Episode 49: How to Keep Your Ex Out of Your Estate Plan: https://www.deathreadiness.com/podcast/49 Revocable Trusts. Listen to Jill’s episode explaining what revocable trusts do, when they can be useful, and why having one doesn’t automatically mean your estate will avoid probate. 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 Sample Children’s Trust Language. Download the sample language discussed in this episode showing how Jill would draft a trust under a Will to coordinate with a parenting plan’s life insurance requirement. https://drive.google.com/file/d/16WSPUWRc4T1tFEgRUAP13LWPaGHYqRm_/view?usp=drivesdk Work With Jill. If you live in Tennessee and want to make sure your estate planning documents, beneficiary designations, and other pieces of your plan actually work together, learn more at https://www.deathreadiness.com/estate-planning-solution 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.

  6. Sep 1

    Why Your Responsible Child Might Be the Wrong Trustee

    What actually happens after a professional trustee takes over a trust and a beneficiary asks for money? In this episode, Jill sits down with longtime friend and trust advisor Alex Fisher for a behind-the-scenes look at how professional trustees actually do the job. They walk through how distribution requests are evaluated, what happens when the answer is no, and why naming the “responsible child” as trustee may come with costs parents don't always consider. They also discuss what professional trustees look for before agreeing to serve, why flexibility matters when drafting a long-term trust, and how an estate plan can adapt when the family, the assets, or the world looks very different decades from now. What You’ll Learn in this Episode What a professional trustee actually does. Alex explains the different roles a trust advisor may play, from working with families on estate planning issues to administering long-term trusts and serving as executor or trustee after someone dies. What happens when a beneficiary asks for money. A request for tuition, a car, medical expenses, or home improvements isn't necessarily answered with a simple yes or no. The trustee may review invoices or estimates, the terms of the trust, its investments, previous distributions, and how long the trust is intended to last before making a decision. Why having discretion doesn't automatically mean making the distribution. A trustee has to consider not only whether the trust permits a distribution, but whether making it is consistent with the beneficiary's interests, the purpose of the trust, and its long-term financial health. How professional trustees make difficult decisions. Alex describes taking distribution requests to a trust committee and how she prepares beneficiaries when she thinks a request might not be approved. Why saying “no” can be easier for a professional trustee. When a sibling serves as trustee, a denied request can become personal. A professional trustee can make the same decision without years of family history entering the equation. The hidden cost of naming the “responsible child.” Your daughter may be willing to serve as trustee without charging a fee, but that doesn't make the job free. Serving can take significant time away from a career, family, sleep, exercise, and everything else that was already competing for that child's attention. It can also create an emotional cost when the trustee has to make unpopular decisions involving siblings. Why a professional trustee and family member can sometimes work together. A co-trustee arrangement may combine professional expertise with the knowledge and personal perspective of someone who knows the family well. Naming a professional trustee doesn't necessarily mean they'll agree to serve. The institution may review the trust, the family circumstances, and the assets before accepting the appointment. That's one reason it can be helpful to talk with a potential professional trustee while you're creating your estate plan rather than assuming they'll step in later. Not every trustee is equipped to manage every asset. Stocks and bonds may be relatively straightforward, while real estate, mineral interests, farmland, and other specialized or illiquid assets can require additional expertise and resources. Why your trust needs room for life to change. A beloved lake house may be the center of family life today. Decades from now, family members may live across the country, insurance may become prohibitively expensive, or the property may no longer serve the purpose you intended. Trust language that is too restrictive can leave a future trustee seeking court approval, and incurring significant expense, to solve a problem you never anticipated. What really matters when choosing a trustee. Technical expertise matters, but so do judgment, empathy, communication, and the ability to make difficult decisions while remembering that there are real people affected by them. Resources & Links Alex Fisher Trust Advisor, Regions Bank Alex shares her perspective and experiences in this episode in her personal capacity and is not speaking on behalf of Regions Bank. Phone: 615.365.5281 Alexandria.fisher@regions.com www.linkedin.com/in/alexandria-s-fisher Watch on YouTube: https://youtu.be/rNnZAZUNibU  Related Death Readiness Podcast Episodes Episode 83: What You Should Know Before Naming a Corporate Trustee: https://www.deathreadiness.com/podcast/83 Episode 49: How to Keep Your Ex Out of Your Estate Plan: https://www.deathreadiness.com/podcast/49 Episode 7: What it Takes to Raise a Child with Special Needs: https://www.deathreadiness.com/podcast/what-it-takes-to-raise-a-child-with-special-needs Episode 8: 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 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.

    Why Your Responsible Child Might Be the Wrong Trustee
  7. Aug 25

    Why Your Pour-Over Will Won’t Avoid Probate

    You created a revocable trust to avoid probate. So why did your attorney also give you a Will? That Will is a pour-over Will, designed to catch assets that are still in your individual name when you die and direct them into your trust. But there’s an important catch: those assets have to go through probate first. In this episode, Jill explains how pour-over Wills actually work, why creating a trust and funding a trust are two very different things, and how the way you own each individual asset determines whether it will avoid probate. The takeaway? If avoiding probate is your goal, don’t just ask, “Do I have a trust?” Ask, “What happens to each of my assets when I die?” What You’ll Learn in This Episode Why you may still need a Will even if you have a revocable trust. A pour-over Will acts as a backup for probate assets that never made it into your trust. Why a pour-over Will doesn’t avoid probate. It can direct an asset into your trust, but the asset first needs to pass through the probate process. The difference between creating and funding a trust. Signing a trust agreement creates the legal structure. Funding the trust means actually transferring assets into that structure. How a bank account can avoid probate. Depending on your circumstances and goals, you might retitle an account into your revocable trust or name the trust as a payable-on-death or transfer-on-death beneficiary. Why those options aren’t necessarily interchangeable. Having an account owned by your trust during your lifetime may make it easier for a successor trustee to manage it if you become incapacitated. A payable-on-death designation doesn’t take effect until death. What makes something a probate asset. An asset owned in your individual name at death with no surviving joint owner, beneficiary designation, POD/TOD designation, or other built-in method of transfer is a probate asset that needs probate to reach its next owner. Why I think of probate as a bridge. Probate gets an asset from its deceased owner to its next owner. Your pour-over Will can tell us where the asset should go after it crosses that bridge, but it doesn’t eliminate the bridge. Why one forgotten asset doesn’t necessarily mean your trust plan failed. A pour-over Will exists because financial lives change. You may open a new account, switch banks, or simply overlook something after creating and funding your trust. What could happen without a pour-over Will. If an asset is subject to probate and you don’t have a Will directing it into your trust, your state’s intestacy laws determine who receives it. The question to ask about every asset you own: What happens to this asset when I die? Resources & Links Watch this episode on YouTube: https://youtu.be/oeXWOkYpjoQ Tennessee estate planning services: https://www.deathreadiness.com/estate-planning-solution 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 Probate Infographic: https://www.deathreadiness.com/probate-infographic Episode 38: Why You Need or Don’t Need a Will: https://www.deathreadiness.com/podcast/why-you-need-or-dont-need-a-will Financial Power of Attorney podcasts: 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 Episode 68: Why Good Powers of Attorney Still Fail: https://www.deathreadiness.com/podcast/68 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.

  8. Aug 18

    Why Turning 18 Changes Everything in a Medical Crisis

    What You’ll Learn in This Episode What really changes when your child turns 18. Being Mom or Dad no longer necessarily means you’re entitled to healthcare information or automatically have authority to make medical decisions.  Why a HIPAA authorization matters. Once your child is an adult, their medical information belongs to them, even if they’re still on your health insurance and you’re paying the bills. A HIPAA authorization lets them decide who can receive that information.  What a healthcare power of attorney actually does. Access to information and authority to make decisions are two different things. A healthcare POA lets your adult child choose who can make healthcare decisions if they’re unable to make those decisions themselves.  Why naming an agent isn’t enough. Your child can give you authority to make a decision but would you know what they wanted you to decide?  How a healthcare advance directive helps. An advance directive allows your child to document wishes involving serious illness and end-of-life care, including preferences about quality of life and treatments such as CPR, life support, and tube feeding.  The conversation to have with your 18-year-old. Instead of saying, “Sign these so I can still help you,” start with whom they trust. And consider going first by sharing the decisions you’ve made in your own healthcare documents.  What to consider when your child goes to college out of state. State laws vary, so consider whether completing forms for the state where your child attends school could make things easier for healthcare providers in an emergency.  What happens if there’s no healthcare power of attorney. Some states have backup rules. In Tennessee, for example, a healthcare provider may have to identify a surrogate—and potentially sort through competing family relationships and opinions in the process.  Why this is really about autonomy, not parental control. Turning 18 gives your child an opportunity to decide who receives their healthcare information, who speaks for them, and what that person should know about their wishes.  Resources & Links Watch this episode on YouTube: https://youtu.be/YEW3jlgLoW0 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 Tennessee advance directive: https://www.tn.gov/content/dam/tn/hfc/documents/Advance_Directive_for_Health_Care.pdf State-specific healthcare forms: https://www.caringinfo.org/planning/advance-directives/by-state/ 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.

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About

You’re the one prepping for your child’s IEP meeting while trying to talk your aging dad out of getting a puppy. You’re booking medical appointments, managing the money, juggling work emails during school pickup and still expected to keep the fridge stocked and know who has practice, rehearsal, or a field trip tomorrow. Your parents are struggling, but they still insist they’re fine. You see the mobility issues, the memory slips, the unopened mail, but every offer to help feels like an argument. You’re scared to push. You’re scared to wait. And there’s no clear roadmap for how to do any of this without losing your mind or your family. Hosted by Jill Mastroianni, an estate planning and probate attorney and trusted guide for women holding it all together, this podcast is your space to untangle the mess. With more than a decade of legal experience, Jill brings clarity to the hardest conversations most families avoid until it’s too late. Each episode offers honest stories, practical tools, and bite-sized steps you can actually take, even if you’re overwhelmed, even if you’re grieving, even if you’re still waiting for your mom to give you the password to the computer. You don’t need a perfect plan. You just need a place to start. Death readiness isn’t about control. It’s about love and the courage to face what’s next with open eyes and a steady hand.

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