It sounds counterintuitive, but there are times when the smartest move is to refuse, or “disclaim,” an inheritance. In the right circumstances, a disclaimer can protect you from creditors, correct an outdated estate plan, or even minimize taxes for the next generation.
Debt and creditor issues are a common...
Yes. In Wisconsin, adopted children generally have the same inheritance rights as biological children in a decedent’s estate. Once a child is legally adopted, the child is treated as the child of the adoptive parents for inheritance purposes and has full rights to inherit from the adoptive parents both under a will...
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:...
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,...
In Wisconsin, an inheritance is generally treated as separate property, which gives it strong protection by default. Whether it stays protected, however, depends largely on what you do after you receive it. The law typically treats inheritances and third‑party gifts as individual property rather than marital property, but they can lose that...
Protecting biological heirs in a Wisconsin blended family is less about “cutting out” a spouse and more about balancing two competing goals: providing for the surviving spouse and ensuring children from prior relationships ultimately receive their intended inheritance. Without careful planning, Wisconsin’s default rules and common estate tools can unintentionally favor one...
An estate in Wisconsin can be closed once the personal representative has finished the core tasks the probate court expects: identify all probate assets, complete the inventory, run the creditor process, pay valid debts and expenses, handle all required tax filings, locate beneficiaries, make distributions, and prepare closing papers for the court....
For some people, the term family meeting may not bring to mind a pleasant gathering where everyone shares fond memories and warm feelings. When someone says, “We need to talk,” it often implies that something is wrong or that tough decisions need to be made or discussed.
However, in...
Noncitizen spouses are treated differently than US citizen spouses for estate and gift tax purposes.[1]
They do not get the unlimited marital deduction. Married US citizen spouses can generally transfer unlimited amounts of money between each other during life or upon death in various qualifying ways without...
A foster child may come into your life through the court system, an agency, or your own extended family. However it begins, the relationship can grow into something deeply personal, with the unshakable feeling that this child is yours.
However, the law does not always see the relationship that...
