Milwaukee, WI asked in Estate Planning and Probate for Wisconsin

Q: What are the steps to file Mom's will with Wisconsin probate? It is a pour over will.

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1 Lawyer Answer
Thomas B. Burton
Thomas B. Burton
  • Estate Planning Lawyer
  • Eau Claire, WI
  • Licensed in Wisconsin

A: Hello, if it is a Pour Over Will it sounds like it was designed to be used with a trust. So first I would examine all of the assets and see if there are any that have not already been titled in the name of the trust. All assets that were placed inside the trust do not need to go through probate, as this is generally the goal of using a trust plan is to bypass probate court. However, if there are any assets outside the trust, then it is possible you may need to use the pour over will to "pour" those assets into the trust for administration. If you need to do this, you will need to file the Will with the probate court and take all of the steps necessary to open a probate administration. You would generally file the Will in the County where your Mom passed away. I recommend that you sit down with a qualified estate planning and probate attorney who can look through all of the paperwork and advise you on the best course of action moving forward. Again, it will depend on whether there are any probate assets to deal with, whether you need to even open a probate action or not. In addition, if the assets left outside the trust are less than $50,000 there may be a simplified method to get them into the trust short of a full probate. Without know more details I cannot say for sure but when you sit down with your attorney they will be able to lay our your best options for moving forward.

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