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Wisconsin Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: Wills and trusts

My great grandpa dies back in September 2008 and my uncle was labeled as the trustee and he has simply diluted what was give to me to other family members with in his family also ive been alienated from the family since the passing of my great grandpa. My great grandpa lived in Wisconsin and his... Read more »

Jonathan R. Roth
Jonathan R. Roth
answered on Mar 23, 2017

You have to file a Complaint in Wisconsin.

1 Answer | Asked in Estate Planning for Wisconsin on
Q: If a will is made out previous to going to a nursing home are the values to each person listed in the will valid?

Went to a nursing home for an extended period of time-all property assets used up except for assets in will for son/daughter/grandchildren-will was made out before he went into nursing home-are the values in the will still the values to be distributed according to his wishes- are will assets... Read more »

Brendan Lee McAvoy
Brendan Lee McAvoy
answered on Feb 23, 2016

In general, a will is the written documentation of the intent of the testator. If the assets are gone, it is unlikely that they could be distributed according to the will. A lot depends on if they are percentage distribution or specific monetary values. I would contact an attorney for a review of... Read more »

1 Answer | Asked in Estate Planning for Wisconsin on
Q: Can a person who has a financial power of attorney pass it to another? Without legal permission?
Brendan Lee McAvoy
Brendan Lee McAvoy
answered on Feb 23, 2016

Passing a durable power of attorney (POA) generally requires a new POA to be executed by the principle, and based on your state this POA needs to be notarized, signed in the presence of two witnesses, or both.

1 Answer | Asked in Estate Planning for Wisconsin on
Q: My Dad passed away 2 weeks ago with no Will. He had no spouse, only 3 children.

He had no spouse, only 3 children. He left only his personal belongings, some of which have monetary resale value, others sentimental value (no bank accounts, etc). All of his personal belongings were moved to one of my sister's houses when we moved him into a nursing home 2 years ago.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 9, 2015

Although personal property like this might be distributed by affidavit (if such procedure is available in your state) you need a court order to get the items from your sister. Call an attorney in your state who does probate matters.

1 Answer | Asked in Estate Planning for Wisconsin on
Q: Is there such a thing as assigning my unpaid mortgage to my heirs using my equity for their benefit?

Question speaks for its self.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 17, 2015

If you leave the property to someone designated in you will, the property will be subject to the mortgage.

1 Answer | Asked in Estate Planning for Wisconsin on
Q: Should I have an attorney to help me make a "Trust" for my kids?

I am trying to help my aging parents come to terms with what they want done with there assets before they pass on.So I m trying not rock the boat here. Can anybody help?

Charles Snyderman
Charles Snyderman
answered on Jul 5, 2014

Absolutely.

1 Answer | Asked in Estate Planning for Wisconsin on
Q: What is the difference between formal and informal administration of an estate?
Peter Navis
Peter Navis
answered on Feb 22, 2012

The primary distinction is that formal administration is overseen by a judge whereas informal administration is overseen by the Register in Probate. If there are going to be issues that must be decided by a judge (contested will provision, for example), then formal administration is the way to go.... Read more »

1 Answer | Asked in Estate Planning for Wisconsin on
Q: AS A LIFE INS BENEFICIARY RECEPIENT, IS THE "INHERITED" MONEYS SHARED WITH A SPOUSE?

MY FRIEND LOST HER GRANDSON IN THE ARMED FORCES, WAS LISTED AS A BENEFICIARY ON HIS LIFE INSURANCE POLICY. IS HER HUSBAND ENTITLED TO HALF OF IT, OR IS IT PROTECTED UNDER WISCONSIN STATUTE 815.18 (2)(5K)? EXCLUSIONS OF MARITALL PROPERTY IN THE STATE OF WISCONSIN

Peter Navis
Peter Navis
answered on Feb 22, 2012

Generally, proceeds from a life insurance policy will be considered individual property, rather than marital property. However, it is possible for individual property to lose its status as individual property if it gets mixed with marital property.

1 Answer | Asked in Estate Planning for Wisconsin on
Q: Is an inheritence of home sales funds, annuity or trust funds taxable?

The inheritence will come from Illinois and we live in WI

Daniel J. Krause
Daniel J. Krause
answered on Jun 2, 2011

The answer to this question depends on a few things: 1-the size of the entire estate, including life insurance, IRAs, real estate, etc. If the estate was large enough to have an estate tax, then the tax will have to be paid before you get the property. 2- what year did the decedent die? This is... Read more »

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