Wisconsin Estate Planning: In Wisconsin, what does “per stirpes” mean?

In Wisconsin, “per stirpes” is a method of distributing an estate in which a deceased beneficiary’s share passes down that beneficiary’s lineal descendants—children, grandchildren, and so on—rather than being redistributed among all surviving members of the same generation. Literally meaning “by branch,” per stirpes ensures each family branch receives an equal share:...

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Wisconsin Estate Planning: In Wisconsin, can a beneficiary disclaim their interest in an inheritance and if so what are the requirements?

Yes. In Wisconsin, a beneficiary may disclaim (refuse) an inheritance, and if the disclaimer is done properly, the law treats the person as though they predeceased the decedent with respect to the disclaimed property. This right applies to beneficiaries under a will, heirs under intestate succession, persons named in a trust, and,...

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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...

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Wisconsin Probate: What happens when heirs and beneficiaries can’t be located in a Wisconsin probate?

When heirs or beneficiaries can’t be located in a Wisconsin probate, the estate can’t ignore them; instead, the personal representative must use reasonable diligence to identify and find all interested persons before distributing the estate. That duty includes identifying heirs and beneficiaries, obtaining current addresses, providing required notices, and keeping records of...

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Wisconsin Probates: What Happens when Heirs and Beneficiaries Can’t be Located?

When heirs or beneficiaries can’t be located in a Wisconsin probate, the estate can’t ignore them; instead, the personal representative must use reasonable diligence to identify and find all interested persons before distributing the estate. That duty includes identifying heirs and beneficiaries, obtaining current addresses, providing required notices, and keeping records of...

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Removing a Trustee in Wisconsin

The title of trustee implies that this position should be held by someone you find trustworthy, and for good reason. Serving as a trustee of a trust carries significant responsibility and duty not just to you as the trust’s creator but also to the beneficiaries who depend on accurate, faithful administration.

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