Litigation in Wisconsin probate most often arises when family members, beneficiaries, creditors, or fiduciaries disagree about the decedent’s assets, intentions, or how the estate is being administered. The most common categories include will contests, trust contests, fiduciary‑misconduct claims, disputes over family farms or closely held businesses, real estate and cabin conflicts, creditor...
Category: Avoid Probate
Wisconsin Probates: How can Trusts minimize Probate Court involvement?
A properly funded revocable living trust can significantly reduce probate court involvement in Wisconsin because assets owned by the trust generally do not pass through the probate estate when the grantor dies. Probate itself is a court‑supervised process for validating a will, appointing a personal representative, identifying assets, paying debts and taxes,...
Executor Rights: How You Are Protected While Administering an Estate In Wisconsin
Being named executor of someone’s estate is often viewed as an honor. It means the person who created the will trusted you to handle their affairs and carry out their wishes after death.
But once the process begins, many executors discover that the role involves far more than distributing...
What is an Ancillary Probate?
Many people own property in more than one state, such as an ocean-side vacation home or a rental property in a former home state. It is important to think about how that property will be handled after you pass away. Through proper estate planning, you can help minimize the burdensome court proceedings...
Caution: Writing Your Own Deed in Wisconsin to Avoid Probate Can Lead to Costly Unintended Consequences
One goal of estate planning is to ensure that your assets, including your home, pass to your chosen beneficiaries quickly and with minimal expense. In real estate, a common strategy to avoid probate (the court process of validating a will and distributing assets) is to add others to the title.
Make Sure You Fund Your Trust!
A revocable living trust can serve as a valuable estate planning tool to help ensure that your finances remain well managed if you become incapacitated (unable to manage your affairs while you are alive) and to provide future financial security for your loved ones upon your passing. However, merely signing the trust...
How to Avoid Probate Costs in Madison, Wisconsin
The bad news: When a person dies owning property in their sole name without a beneficiary, their loved ones will have to go through a court-supervised process called probate to transfer the property out of the deceased person’s name and into the name of intended beneficiaries or heirs at law. Going through...
How to Give Real Property to a Loved One at Your Death Without Probate Court Involvement in Madison, WI
A home is often one of the most important assets that people own. Therefore, most people want to stay in their home until they die and then have a loved one receive it. One common way to pass a home to loved ones is through a will. However, transferring property with a...
Does Your Revocable Living Trust Reduce Your Federal Estate Tax Bill in Madison, WI?
Many believe that once they set up and fund a revocable living trust, property held in the trust will completely avoid federal estate taxes after they die. In reality, a living trust does not provide any unique estate tax avoidance strategies.
The primary mechanisms for reducing estate taxes—the unlimited...
Whom Do You Trust to Make Your Financial Decisions?
You wake up and check your investments over a cup of coffee. That tech stock you have been eyeing continues to trend upward, so you log in to your online brokerage account and buy some shares.
Later in the day, you get a notice that your mortgage payment has...