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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!

James L. Arrasmith
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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...
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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

Anthony M. Avery
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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 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.

Anthony M. Avery
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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

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

Anthony M. Avery
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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.
James L. Arrasmith
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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 for Wisconsin on
Q: My fathers will reads, all his assets be split between his children evenly! One stock had a beneficiary. Split that too?

Does that stock get split also even though there's a beneficiary?? Beneficiary is my sibling. My father was taken to bank by said sibling and that's why his name is on the paper??

Anthony M. Avery
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answered on Jun 5, 2023

Stock Certificates do not have a beneficiary. The owner(s) name is listed. If stock lists another owner other that Father, then that person owns some interest, probably the entire stock. It is doubtful that Father died owning that stock, so it is an asset passing outside of the Estate.

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Wisconsin on
Q: Land split, legal agreement

My brother and I were jointly gifted 20 acres of land in 2008 by an uncle. We have had the land surveyed and are splitting it into two 10 acre parcels (all of this has been completed) We want to draw up a legal agreement between us that neither party can sell their property outside of our family.... View More

Anthony M. Avery
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answered on May 31, 2022

You need a competent WI attorney to draft both Deeds with enforceable Restrictive Covenants in the Legal Descriptions. Your possible contract would only be enforceable between the contracting Parties. Covenants Running with the Land are necessary.

1 Answer | Asked in Estate Planning and Real Estate Law for Wisconsin on
Q: Unmarried, both on deed, what happens if he dies?

My partner and I own a house together and have one minor child together. He has no other children and does not have a will. If he were to die, what would happen with the house? Would I be able to take over the mortgage? Would I be responsible to pay off his car and credit cards before I could do... View More

Thomas B. Burton
Thomas B. Burton
answered on Nov 9, 2021

Hello, if you are unmarried and own the house together it will depend on how the title to the home is held. This will be reflected on the deed when you purchase the property. If you are both on the title to the property, then it depends on if you hold title as "Joint Tenants with Rights of... View More

1 Answer | Asked in Estate Planning for Wisconsin on
Q: how long can creditors claim on the estate in WI?
Thomas B. Burton
Thomas B. Burton
answered on Oct 27, 2021

After an application for administration has been filed (a probate court action has been initiated properly with the probate court) creditors have from 3-4 months to file their claim. The Court will set this deadline for a formal administration or the probate registrar will set the deadline for an... View More

2 Answers | Asked in Estate Planning for Wisconsin on
Q: My dad is going into hospice and passing soon. The house is in his name but has a loan out on the house.

He has no will. If he passes does the house transfer to me and I take over payments or does the bank get it. I’ve been living there for years

Thomas B. Burton
Thomas B. Burton
answered on Oct 13, 2021

Hello I am sorry to hear about your father. If he has no Will or Trust, then the house and any of his other assets subject to probate would pass according to the laws of intestacy. If you are the only living child, you may be an heir, but if there are other children, or a surviving spouse, then... View More

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1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Wisconsin on
Q: Our family cabin has 6 owners listed as tenants in common. One of the owners changed the locks and will not give keys.

What legal right do they have to do this and what are the other owners rights for seeking entry into their own property?

Nina Whitehurst
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answered on Sep 22, 2021

A co-owner does not have the right to exclude another co-owner. You can take the owner that locked you out to court for a variety of remedies but probably the best remedy in the long run would be for you to obtain a court order to force the sale of the property and then split the proceeds. If you... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Wisconsin on
Q: My mother-in-law died 2 weeks ago without a will. Wondering about selling her home & claims from Medicare.

Her spouse is deceased & my spouse is her only living child. Her mobile home has a fair market value of $25K but we will end up selling for $13K & have a willing buyer. The home is paid off & there are literally no other assets. She most likely has up to $10K owed through medicare... View More

Thomas B. Burton
Thomas B. Burton
answered on Sep 10, 2021

Yes, you are correct you can use the Transfer by Affidavit method to transfer the mobile home if the total probate assets of the deceased subject to administration are less than $50,000. There is a section on the Transfer by Affidavit where you must send notice to the Estate Recovery Program via... View More

1 Answer | Asked in Government Contracts, Land Use & Zoning, Estate Planning and Real Estate Law for Wisconsin on
Q: we bought a property the rental of the land was not included in with the bill of sale do we have to honor the contract?

Nothing was signed by us and we didn't even know it existed. we waited for wheat to be done being harvested and now want to get rid of them so that we can plant our trees.

Nina Whitehurst
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answered on Jul 24, 2021

Your question cannot be answered without more information. Is there a written lease agreement? You will need to get a copy of that. Have you tried talking to the tenant about his intentions? Did the seller represent that there were no leases?

2 Answers | Asked in Estate Planning and Probate for Wisconsin on
Q: If a will is signed by the testator on one date and the witnesses on a different date is the will still good?

will created and signed in California for a now Wisconsin resident

Charles E. Hutchinson
Charles E. Hutchinson
answered on Jul 8, 2021

That depends on certain situations. In general, for a will, the witness must be present when witnessing the signing and also sign indicating that they witnessed the signing. However, during the Pandemic, the Governor of Illinois issued and executive order (2020-14) which allowed for the use of... View More

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1 Answer | Asked in Estate Planning for Wisconsin on
Q: Wisc home deed lists husband and wife grantee what happens upon death of spouse? What should it say to pass to survivor?

No mortgage

Thomas B. Burton
Thomas B. Burton
answered on Apr 26, 2021

Hello, if you want the property to pass to the surviving spouse non-probate upon the death of the first spouse, you can title the property as "John Smith and Jane Smith, husband and wife as survivorship marital property" for example. "survivorship marital property" is the key... View More

1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: What are the steps to file Mom's will with Wisconsin probate? It is a pour over will.
Thomas B. Burton
Thomas B. Burton
answered on Mar 9, 2021

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... View More

1 Answer | Asked in Estate Planning, Consumer Law and Probate for Wisconsin on
Q: Mom passed away June 2020 with only $300 in her checking & a car loan.

She had a car loan that was upside down. It has been repossesed already. The bank is saying we (me & my 2 brothers) will owe the difference of what they get at auction & what she owed. None of us were on the loan with her, it was solely hers. Do we actually have to pay that? Keep in mind... View More

Thomas B. Burton
Thomas B. Burton
answered on Nov 18, 2020

The good news about death, is that the debts of the decedent die with them. I am sorry to hear about the loss of your mother. Any debts she owed at her death would be owed by her estate. So if she only had $300 total to her name and that is the total amount in her estate, this is the limit of what... View More

1 Answer | Asked in Estate Planning for Wisconsin on
Q: Should I allow my dad to add me to the deed of our family home? What potential liability or risk is involved?

There is still a mortgage and home equity loan on the home along with other debt my dad owes and my husband and I are looking at selling a buying a new home in the next few years.

Thomas B. Burton
Thomas B. Burton
answered on Nov 11, 2020

I often advise clients not to add their children to the title of their home, because it can inadvertently expose the parent to creditor claims of the child through divorce, bankruptcy or a lawsuit. However, for you, if your Dad adds you to the title to the home, you would immediately become liable... View More

1 Answer | Asked in Estate Planning for Wisconsin on
Q: My son and daughter in law died. DIL had life ins with my son as beneficiary. Does that policy get spllit in the estate?
Thomas B. Burton
Thomas B. Burton
answered on Oct 8, 2020

I am sorry for your loss. If your daughter-in-law named your son as the primary beneficiary, then he would receive the proceeds if he survived her. If she named a contingent beneficiary, then that person would receive the assets if your son did not outlive the survival period outlined in the... View More

1 Answer | Asked in Contracts and Estate Planning for Wisconsin on
Q: I'd like to know how I end the easement on my property.
Thomas B. Burton
Thomas B. Burton
answered on Oct 7, 2020

There is no one answer to this question. Whether you have the ability to end the easement, is going to depend on a variety of factors, including the original language in the document in which the easement was granted. I suggest reviewing the deed with the easement language in it with a qualified... View More

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