In Wisconsin, “no contest” clauses (in terrorem clauses) are not automatically enforceable to disinherit a beneficiary who brings a challenge in good faith. The governing statute, Wisconsin Statutes § 854.19, provides a probable cause exception: if the beneficiary had a reasonable basis in fact and law to bring the action, the clause...
Category: Beneficiary
Wisconsin Estate Planning: How does Wisconsin treat a beneficiary who kills the decedent?
In Wisconsin, a beneficiary who intentionally and feloniously kills the decedent is barred from receiving any benefit from the decedent’s estate under the state’s “slayer rule.” The killer is treated as having predeceased the decedent, so they take nothing under a will, by intestate succession, or through nonprobate transfers such as life...
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:...
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,...
Wisconsin Estate Planning: In Wisconsin, what does the requirement of survival by 120 hours mean?
In Wisconsin, the 120-hour survival requirement means a person must survive the decedent by at least 120 hours (five days) to take property as an heir, devisee, or beneficiary unless a governing instrument provides a different rule. The purpose is to prevent assets from passing through estates in rapid succession, reduce administrative...
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 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...
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...
Wisconsin Estate Planning: Seven Estate Planning Traps Most People Miss—and Seven Questions to Audit Your Family’s Future
Think back to how your life was seven years ago. Your family, your finances, your relationships, and even the accounts you use have probably changed in ways both obvious and subtle. Seven years does not feel like a long time until you start making the list.
Your estate plan...
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.