For every person who signs a deed to a child without a hitch, there’s another who later regrets it. Transferring a residence to an adult child can work in some situations, but it often introduces risks that families don’t anticipate. Before you move forward, be sure you understand what you might be...
Category: Estate Planning
Wisconsin Probate: Are bonds often required in a probate in Wisconsin?
In Wisconsin, bonds are not routinely required in probate, but they may be required depending on the type of administration and what the will or court order provides. As a general rule, if the will waives bond, if all interested parties agree, or if the court finds a bond unnecessary, the Personal...
Wisconsin Estate Planning FAQ’s: How To Disinherit a Family Member?
You have the right to decide who receives your assets, but the law imposes important limits and procedures depending on the relationship. Completely disinheriting a spouse is generally not possible unless your spouse agrees in writing, which could be done through a prenuptial or postnuptial agreement because most states give surviving spouses...
Wisconsin Probate: In Wisconsin, who cannot be a Personal Representative?
In Wisconsin, there are specific disqualifications and restrictions on who may serve as a Personal Representative (PR). A person under 18 years of age cannot serve. A person adjudicated incompetent and found by a court to lack capacity to manage their affairs also cannot serve. Certain convicted felons may be disqualified if...
Wisconsin Estate Planning FAQ’s: Who Can Be the Trustee of My Living Trust?
Your trustee is the person or institution that steps into your shoes to manage trust assets, collecting income, paying bills and taxes, investing prudently, keeping records, and carrying out your instructions. You can serve as your own trustee, and many married couples act together as co‑trustees so the other can manage finances...
Wisconsin Probate: In Wisconsin, how are “lost” Wills proved or admitted to probate?
In Wisconsin, a lost, destroyed, or otherwise unavailable will can still be admitted to probate, but the process is stricter than for an original will. A will is treated as “lost” when the original cannot be found after death, was destroyed without a valid revocation, or is otherwise unavailable. If the original...
Wisconsin Estate Planning FAQ’s: Do All Assets Go Through Probate?
Not everything you own is automatically subject to probate. Generally, assets titled solely in your name, like a bank or investment account, your home or other real estate, or a vehicle, must pass through the probate court to remove your name and retitle the property to your heirs. By contrast, many assets...
Wisconsin Probate: In Wisconsin, how is a Will proved in an informal probate proceeding?
In Wisconsin, a will is proved in an informal probate proceeding by satisfying the statutory requirements for admission without a formal evidentiary hearing. Informal probate is a streamlined process where a probate registrar admits the will and appoints a personal representative based on submitted paperwork, with no court hearing unless an objection...
Wisconsin Estate Planning FAQ’s: What Does Funding My Living Trust Mean and How Do I Do That?
“Funding” a revocable living trust means aligning how your assets are owned and where they pay at death so your successor trustee, not a court, can manage and distribute them under your trust instructions. In practice, that means retitling assets into the trust’s name and updating beneficiary designations to coordinate with your...
Wisconsin Probate: Who may petition a Court to open a probate in Wisconsin?
In Wisconsin, a probate case may be opened by a variety of people who have a legally recognized interest in the decedent’s estate, under the framework of Wisconsin Statutes Chapter 865. A petition for probate or administration may be filed by persons named in the will—specifically, the individual nominated as personal representative...