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...
Category: Personal Representative
Wisconsin Probate: How do I challenge a Will or the appointment of a Personal Representative in Wisconsin?
In Wisconsin, challenging a will and challenging the appointment of a personal representative are related but distinct actions. Because the process, deadlines, and evidence are critical, acting promptly is important. A properly executed will is presumed valid, so a successful challenge typically requires evidence supporting one or more recognized grounds.
Wisconsin Probate: How do I legally replace the Personal Representative of a Will during Probate in Wisconsin?
In Wisconsin, replacing a personal representative (executor) during probate is possible, but the procedure depends on why you want the person replaced and what your relationship is to the estate.
A probate court can remove a personal representative for several reasons: failure to perform required duties; mismanagement of estate...
Wisconsin Probate: How do I handle a Probate as an out-of-state Personal Representative in Wisconsin?
Handling a Wisconsin probate as an out-of-state Personal Representative (PR) is common, but it does add logistical and procedural friction. Wisconsin law allows non‑residents to serve, and the process works best when you understand both the court requirements and the practical challenges of remote administration.
First, confirm you are...
What to Do After a Loved One Dies In Madison, WI
If you have been named the person responsible for settling a deceased loved one’s affairs, commonly called an executor or personal representative (if your loved one had no estate plan or had a will) or a successor trustee (if they had a trust), you may find yourself overwhelmed by grief and a...
Stopping Mail Addressed to a Deceased Person
Once you have been appointed the executor or personal representative of a deceased loved one’s probate estate, or when you step in as the successor trustee of the loved one’s trust, one of the first things you should do is to notify the post office of the death and ask them to...
Only Child and Estate Planning
Stereotypes surrounding “only child syndrome” have largely been debunked, as recent studies show that only children, on average, develop social skills similar to those of children with siblings.[1] Further, outdated perceptions surrounding only children have shifted as the average size of the American family has shrunk, and one-child families have...
Reasons You Need an Up-to-Date Estate Plan
Although we live in a world where information is easily accessible through the internet, there are still many misconceptions surrounding estate planning. Most of us do not dedicate our time to learning more about topics like estate planning, because we may not know that we need an estate plan or realize the...
What if I Cannot Find a Beneficiary?
When someone has named you as the executor (also known as a personal representative) of their will or the trustee of their trust passes away, you are obligated to distribute that person’s money and property according to the document’s terms to the designated beneficiaries. (For convenience, the roles of executor and trustee...
Does a Domestic Partner Have the Same Rights as a Spouse When It Comes to Estate Planning?
The short answer to whether couples in a domestic partnership have the same rights as married couples when it comes to estate planning is probably not. To a large extent, the state in which you live, and maybe even the city or county, determines domestic partners’ rights.
What Is...