A pot trust (also known as a Common Trust) is a way to hold money and property for a group of beneficiaries, usually children or other family members, in one shared trust. Instead of dividing everything into separate shares right away, the assets stay together in a single fund, allowing the trustee...
Category: Trustee
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.
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...
Should Your Child’s Guardian and Trustee Be the Same Person?
If you have overheard any estate planning discussions, you have likely heard the words “guardian” or “trustee.” In estate planning, deciding who will ultimately be tasked with caring for your minor child or managing funds for their benefit is an important decision that requires consideration of many factors.
Although...
Handling a Loved One’s Debts After They Die in Madison, Wisconsin
Americans are, quite literally, getting buried in debt, with nearly half expecting to pass away with outstanding debts.[1]
As a general rule, a person’s debts do not go away when they die. Some types of debt, such as federal student loans, are typically forgiven upon the debtor’s...
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show that only children, on average, develop social skills similar to those of children with siblings.[1] Further, outdated perceptions surrounding only children have shifted as the average size of the American family has shrunk, and one-child families have...
Choosing the Initial Trustee of Your Trust
When you establish a trust, you nominate someone to be the trustee. If you are creating a revocable living trust, you will likely be the initial trustee. You will also want to name successors or backup trustees to step in and manage the trust’s affairs if you can no longer manage the...
Choosing Your Successor Trustee of Your Trust
If you have a revocable living trust, you probably named yourself as the initial trustee so that you can continue to manage your financial affairs. However, someone else will eventually need to step in to administer your trust when you are no longer able to act due to incapacity (the inability to...
What Can I Not Do as Trustmaker and Trustee of a Revocable Living Trust?
Wills and living trusts are two of the most fundamental estate planning documents. While both accomplish the same primary objective in an estate plan of directing the distributions of your money and property to your desired beneficiaries after you pass away, a revocable living trust, often referred to simply as a living...
Picking a Trustee, Executor, and Agent under a Power of Attorney
While the term fiduciary is a legal term with a rich history, it generally means someone who is legally obligated to act in another person’s best interest. Trustees, executors, and agents are examples of fiduciaries. When you select people to fill these roles in your estate plan, you are picking one or...