In Wisconsin, only probate property—property owned by the decedent that does not pass automatically by operation of law or by contract—is subject to probate administration. Generally, this includes real estate titled solely in the decedent’s name, such as a house owned by the decedent alone with no survivorship designation or transfer-on-death (TOD)...
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Wisconsin Estate Planning FAQ’s: What is Estate Planning?
Estate planning is the process of deciding in advance who should receive your property, what they should receive, and when, all while keeping taxes, legal fees, and court costs as low as possible. Because everyone owns something (from a car or checking account to a home and life insurance), everyone has an...
Wisconsin Probate: In Wisconsin, who are considered “interested persons” in a probate and when do they cease to be interested persons?
In Wisconsin, the term “interested persons” in probate is defined by statute. It includes those with a legal or financial stake in the estate and is used to determine who must receive notices and who has standing to participate in the proceeding. The definition appears in Wis. Stat. § 851.21 and provides...
Wisconsin Estate Planning FAQ’s: Talking to Your Spouse about Estate Planning
Estate planning works best when you and your spouse or partner talk through goals before you meet with an attorney, even though the conversation can be challenging. You may view your legacy differently or have strong feelings about fairness among children, particularly in blended families, where probate and intestacy rules often treat...
Wisconsin Estate Planning: How are digital assets dealt with in a Revocable Living Trust in Wisconsin?
Digital assets can and should be addressed in a Wisconsin revocable living trust, but a trust by itself does not automatically give a trustee access to all online accounts. Access is governed by a combination of trust language, Wisconsin law, federal privacy laws, and the terms of service of the platforms that...
Wisconsin Estate Planning FAQ’s: Your Personal Property in Estate Planning
Even a well-crafted estate plan that handles your home, savings, and investments can leave loose ends when it comes to your personal belongings. Most people do not name a recipient for every single item they own, and that can lead to confusion or conflict among loved ones. Take time now to think...
Wisconsin Estate Planning: Why can an outdated estate plan create a bigger problem than no plan at all in Wisconsin?
An outdated estate plan can create more problems than having no plan because it can direct assets in ways that no longer reflect your circumstances, leading to confusion, disputes, and litigation costs. In Wisconsin, an old will or trust is especially risky when family relationships, assets, or laws have changed since the...
Wisconsin Estate Planning FAQ’s: Estate Planning for Young Families
For young families, estate planning isn’t about wealth, it’s about making sure the right people can act quickly for your children and that your assets are managed responsibly if something unexpected happens. A well‑designed plan typically combines a will (to name guardians for minor children) with a living trust to manage money...
Wisconsin Probate: Can a house be sold before a Probate ends in Wisconsin?
Yes. In Wisconsin, a house can often be sold before probate is completed, but it depends on how the property is owned, whether probate has been opened, and the personal representative’s authority. When a house is titled solely in the deceased person’s name and becomes part of the probate estate, the personal...
Wisconsin Estate Planning FAQ’s: What happens to an Estate After a Person Dies?
When a person dies, their estate generally follows one of two paths: probate (if the plan relies on a will) or trust administration (if a funded living trust is in place). In a probate case, the will typically names a Personal Representative who must open the estate and give public notice, often...