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Wisconsin Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Banking for Wisconsin on
Q: What do I do with a Living Trust that I am named in, forwarded to me from a family member in 2023. My Uncle passed away

In 2012. I had no idea he named me in his Trust!

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answered on Apr 21, 2024

If you have been named in your late Uncle's Living Trust, which was forwarded to you by a family member in 2023, there are several steps you should take:

1. Read the Trust document carefully to understand your role and the assets you are entitled to receive.

2. Contact the... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Wisconsin on
Q: How do I account for vendor's interest in a land contract when completing inventory of estate?

My father passed away and was the vendor in a land contract agreement with my aunt. There is nothing about survivorship rights in the contract. I need to inventory his assets for informal probate. How do I account for his interest in the land contract as a vendor at the time of his death? Is he... View More

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answered on Mar 14, 2024

The contract for deed is a chose in action which is personal property. It is an Estate asset, for which the fiduciary can sue on or be sued to enforce. Your lawyer should know this. Its value can be easily computed by the amount owed on the contract. The lessee Aunt has the risk of not... View More

1 Answer | Asked in Agricultural Law, Real Estate Law, Tax Law and Estate Planning for Wisconsin on
Q: How to gift 5 acres of land to children for building and collateral use in Wisconsin?

I have 30 acres of land, and I want to gift 5 acres to my children so they can build on it and use the land as collateral. There are no existing mortgages or zoning issues. What steps do I need to take to transfer ownership immediately, and are there any legal or tax implications I should be aware... View More

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answered on Sep 29, 2025

To gift a portion of your land in Wisconsin, you would need to have the 5 acres surveyed and legally described so it can be separated from your larger 30-acre parcel. Once you have a proper legal description, you can prepare and sign a deed—typically a quitclaim deed or warranty... View More

1 Answer | Asked in Probate and Estate Planning for Wisconsin on
Q: How to cash estate checks without probate in Wisconsin for small assets?

After my husband passed away unexpectedly without a will or listed beneficiaries, I received two checks made out to the Estate of my husband totaling $1,700 from Aflac. We have minimal assets, well under $50,000, including just a few old snowmobiles, and some credit card and loan debts in his name.... View More

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answered on Sep 29, 2025

In Wisconsin, estates with assets under $50,000 can often be handled without going through full probate. The process you would likely use is called a “transfer by affidavit.” This allows the surviving spouse or heir to collect estate assets, such as checks, without opening a probate case, as... View More

1 Answer | Asked in Divorce, Estate Planning, Probate and Family Law for Wisconsin on
Q: Can my inheritance from my mother's estate be excluded from marital assets during divorce?

I'm going through a divorce after 45 years of marriage and recently received money from my mother's estate, which I used to buy a new vehicle, put a new roof on our house, and placed the remainder in a 12-month CD. My spouse consented to these uses of the inheritance, and I have legal and... View More

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answered on Sep 16, 2025

In most states, an inheritance you receive during marriage is generally considered separate property and can be excluded from marital assets, as long as it is kept separate and not commingled with marital funds. Since your mother’s estate funds were used for specific purposes like buying a... View More

1 Answer | Asked in Estate Planning and Health Care Law for Wisconsin on
Q: How can I set up access to my sons' medical information for college in Milwaukee?

I have two sons, aged 18 and 20, who will be attending college and playing NCAA sports in Milwaukee. While they have no specific medical conditions or concerns about medical privacy, they haven't started any paperwork regarding medical decision-making. What steps can I take to set up access to... View More

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answered on Aug 29, 2025

Once your sons turn 18, they are legally considered adults, which means you no longer have automatic access to their medical information. To give you access, they each need to sign documents that authorize you to see their health records and make decisions if necessary. The most common forms are a... View More

1 Answer | Asked in Estate Planning, Probate and Business Law for Wisconsin on
Q: Ownership of joint CD when sibling passes with a will.

My sister opened a CD and listed me as a joint owner. She has since been diagnosed with dementia and is now in assisted living. I have been handling the CD, and there is a joint ownership title on it. In her will, she stated that all CDs should be divided among our siblings. Given these... View More

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answered on Jul 15, 2025

When you’re named as a joint owner on a CD, most banks treat that account as belonging equally to both owners and include a right of survivorship. That means when your sister passes, the CD typically transfers directly to you, bypassing probate and the instructions in her will.

Because... View More

1 Answer | Asked in Probate, Estate Planning and Family Law for Wisconsin on
Q: How to claim ownership of house promised by deceased mother without formal title transfer or will in Wisconsin?

My mother promised to give us her house before she passed away, but she did not transfer the house title to us, and there is no formal will or documentation. What steps can we take in Wisconsin to legally obtain ownership of the house and handle the necessary paperwork, especially if there are... View More

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answered on Jul 6, 2025

Without a will or formal title transfer, your mother’s house becomes part of her probate estate under Wisconsin law. Verbal promises, even sincere ones, do not transfer legal ownership unless backed by proper documentation, such as a deed or a valid will. Because the title remains in her name,... View More

1 Answer | Asked in Estate Planning, Probate and Family Law for Wisconsin on
Q: Inheritance question: deceased father's share of house in will.

My grandmother passed away, leaving her house to my dad and my aunt in her will. My dad passed away 18 months ago without a will, and there are no instructions in my grandmother's will about what happens if one of the beneficiaries predeceases her. Would my dad's share be split between me... View More

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answered on Jul 6, 2025

Because your grandmother’s will made a gift “to my dad and my aunt” without addressing what happens if your dad dies first, state law will govern how that share passes.

Under Minnesota’s (and most states’) anti-lapse rules or intestacy fallback rules, your father’s half... View More

1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: How long do creditors have to claim on an irrevocable trust in Wisconsin after grantor's death?

In Wisconsin, how long do creditors have to make a claim on an irrevocable trust after the grantor has passed away? The grantor passed away on September 11, 2024. All known creditors for credit debt have already made their claims. There is no probate involved.

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answered on Jul 6, 2025

In Wisconsin, if there is no probate and the decedent’s assets are held in an irrevocable trust, creditors generally have up to one year from the date of death to file a claim directly against the trust. This is governed by Wisconsin Statutes § 701.0505 and § 859.02, which permit creditors to... View More

1 Answer | Asked in Estate Planning and Health Care Law for Wisconsin on
Q: What forms are needed to become a representative for non-financial matters for adult son in WI?

I need to become a representative for my blind adult son to assist with everyday matters, excluding financial concerns. He has consented to my assistance, but I am unsure what forms are necessary to make this arrangement official. I won't be seeking court involvement. Can you guide me on the... View More

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answered on Jul 6, 2025

To act on your adult son's behalf for non-financial matters in Wisconsin, the most straightforward approach is for him to complete a Power of Attorney for Health Care. This document lets him formally name you as his health care agent, allowing you to make medical decisions and access his... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Wisconsin on
Q: Can my father will his half of co-owned property in Wisconsin?

My father owns a home in Wisconsin with another person who is not his spouse. The deed lists him as "Owner" and the other individual as "Co-owner," but does not specify if it's joint tenancy or tenancy in common. My father believes he can will his half to someone else.... View More

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answered on Jul 5, 2025

Your father’s ability to will his share of the property depends entirely on how the ownership is titled on the deed. In Wisconsin, if the property is held as *joint tenants with right of survivorship*, then when one owner passes away, their interest automatically transfers to the surviving... View More

1 Answer | Asked in Estate Planning, Tax Law, Real Estate Law, Nursing Home Abuse and Personal Injury for Wisconsin on
Q: Should I sell my home or use a land contract for tax benefits?

I was recently moved to an assisted living facility, and I'm considering selling my home or setting up a land contract with my grandson, who's interested in acquiring it. The property is in good condition and has no existing mortgage. My main concerns are minimizing taxes on the income... View More

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answered on May 23, 2025

Your decision between an outright sale and a land contract arrangement with your grandson involves significant tax implications and future care considerations that merit careful analysis. You may qualify for the Section 121 capital gains exclusion of up to $250,000 (or $500,000 if married filing... View More

1 Answer | Asked in Estate Planning for Wisconsin on
Q: Is a Trust amendment valid if written, delivered, but not notarized in WI?

I was appointed as a trustee in a friend's Trust, which allows amendments if they are "written and delivered to the trustee." Before my friend's passing, he made changes to his Trust with his attorney. These changes were delivered to me, and we discussed them in person, but... View More

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answered on May 15, 2025

I'm really sorry you're navigating this after your friend's passing. It sounds like you're doing your best to honor their wishes, which is a heavy responsibility. The fact that you have written amendments, clear delivery to you as the trustee, and documentation from the attorney... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Wisconsin on
Q: What can I do if my spouse drained our accounts and I can't afford a lawyer during divorce proceedings?

In June 2024, I filed for divorce, but my spouse refused to sign because I requested maintenance. She drained all our accounts, leaving me just enough money for food and necessities. Eventually, the case was dismissed, but she re-filed, and I've been served again. I've had to use money... View More

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answered on Apr 12, 2025

Given your financial situation, there are several steps you can take to ensure you are still able to protect your interests during the divorce proceedings. First, you may want to explore whether you are eligible for free or reduced-cost legal aid. Many organizations provide assistance to... View More

1 Answer | Asked in Probate and Estate Planning for Wisconsin on
Q: Do I need probate if assets are in my name, wife deceased, in Wisconsin?

I'm located in Wisconsin. My wife has passed away and all our assets were primarily in my name, except for a joint checking account and some credit card accounts. She left a will stating that I am the sole beneficiary of her assets with distributions to our children if I am deceased. Given... View More

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answered on Apr 12, 2025

I'm sorry to hear about your loss. In Wisconsin, whether probate is necessary depends on the nature and titling of your wife's assets. Since most assets were in your name, and only a joint checking account and some credit card accounts were held jointly, probate might not be required.... View More

1 Answer | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Elder Law for Wisconsin on
Q: Can my Mother revoke my sisters guardianship now or stop her activity over her finances until we can see a lawyer?

My mom made the mistake of making my sister Gaurdian in her will, she fellfracturing a hip, they immediately had a psych eval done w/hrs of finding out n has ben on a power trip from hell. I have an appointment with an attorney but it is still 3wks out. Is there anything I can do to pause or... View More

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answered on Jan 27, 2025

You need to hire a real lawyer that will help stop the stealing now. Contact another WI attorney.

1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: What does this paragraph mean?

FIRST: I do direct my Personal Representative to pay from my estate allowable claims, funeral expenses, expenses of administration, and death taxes (including penalties and interest) that are payable as a result of my death, whether or not the transfers on which these taxes and expenses incurred... View More

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answered on Sep 20, 2024

No... If will probated, a claim can be filed (and paid) for funeral expenses.

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Wisconsin on
Q: Allodial title to my property my full ownership and tax laws. Also I am retired.
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answered on Aug 5, 2024

Allodial title refers to a property ownership concept where the owner holds the land free and clear of any superior landlord. In the United States, true allodial title is virtually non-existent. Instead, most property ownership is under a fee simple title, which means you have complete ownership... View More

1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: Do I really have to go through probate in Wisconsin to close my deceased mother's bank account which only has 1300.00.

There was suppose to be a POD on her account but they can't find it. We live in Wisconsin.

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answered on Jul 17, 2023

If you cannot convince the Bank to transfer funds with an Affidavit of Heirship/ Next of Kin, then it may not be worth the time and money to get the funds. Call a WI attorney about a possible summary probate or Affidavit, but it may be best to forget about those funds. Banks keep... View More

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