While Wisconsin courts try to move estates as quickly as possible through the probate process, some estates can take longer than others to gain the necessary approvals. If the probate court decides the estate needs to undergo formal probate, it could take much longer and become more costly.

Although not every estate can avoid undergoing formal probation, in most circumstances it should be unnecessary, especially if proper estate planning is done. By taking the time to sit down, think, and plan for the future, most folks can leave their estate is the best possible condition and avoid a long and distracting process.

Most estates in Wisconsin pass through the informal probate process with minimal supervision by a Probate Registrar in the county where the deceased lived. Also referred to as the Register in Probate, this office assists the judiciary and public by handling estates, guardianships, trusts and involuntary commitments.

A couple came in that had been referred by another financial advisor. The couple had a teenage child and wanted to make sure that their “legal affairs were in order” because they had done no estate legal planning in the past. We will be setting up an estate program for this couple to make legal matters easy or nonexistent when one spouse dies, and then making sure that guardians and trustees are named for their minor child should something happen to the parents before the child is an adult.  The simple goal to protect and organize is accomplished.

Planning for unfortunate situations is a real concern for families.  Rather than relying on good fortune and the law of averages, prudent families plan for contingencies.  While the time and expense of estate planning seem like a “not fun” endeavour, dealing with the mess of having no plan in place is a difficult and expensive process for those left behind.

In this case, our “Essentials Plan” was put in place.  A set of legal documents to provide guidance and authority for this family and their trusted agents in the event of an unfortunate event.

Over the next several blog posts we will briefly illustrate the variety of needs we meet for our clients. While many people think that estate planning is the same for everyone, upcoming posts provide seven examples of some recent activity. This is to demonstrate that every family and every individual has a unique situation that requires unique solutions. Each family has a different situation and a different concern, so we thought we’d give you a general overview of their problems and how we are solving them so that if you have a similar problem you will know that you are not alone and there is someone that can help who has helped others in similar situations.

The facts will be anonymized enough for client protection but will be informative enough to provide value to the reader. I think you will see that Estate Planning is a varied practice, every situation is very different and you will learn the importance of an estate planning legal program that you and your family want and deserve!

• Keep your estate settlement simple;

Which Of These Powerful Secrets Could You Use To Build Your Ideal Estate Planning Legal Program

  • Keep your estate settlement simple;
  • Avoid the court-supervised Probate process when you die;

Are You Making Some of the Biggest Estate-Planning Mistakes?

There are some things we just don’t like to think about, much less speak about. The universal truth is we are all going to pass away one day. The legacy you leave can either simplify the process of dealing with your personal and financial property, or it can be a worrisome burden for those you leave behind.

Legacy planning is as important as your final wishes. So, as much as you avoid the topic, it can’t be — and shouldn’t be — ignored.

People often ask us to explain the difference between a revocable and an irrevocable trust. That’s a tough one because there are so many kinds of trusts and even irrevocable trusts can, within the Trust-300x225terms of the trust, allow certain things to be revoked or amended. But here’s our answer.

Most people who consider forming a trust like the concept of a “revocable” trust. The word “revocable” implies that you can amend, undo, change, alter, or revoke the trust. When someone hears that a trust is “irrevocable,” they often get concerned because that implies that things are rigid, fixed, inflexible, and control is lost.

The typical “avoid probate” trust is a revocable trust. There is no requirement that the typical “avoid probate” trust be irrevocable. Your home and other assets must simply be titled in the name of your trust when you die.

6d40ea6ed7ae7784abf574b8c6174543_300x300-300x200I met today with the children of a woman who is presently residing in a Madison nursing home due to her dementia diagnosis. The children had no idea how long term care and Medicaid financing for long term worked.

They told me that Mom owned a home, three annuities, some cash in the bank, and expensive jewelry and antiques. Their financial advisor referred them to my office. I asked them what they knew about long term care and Medicaid. They said they were starting to “hear things” but they wanted to get the truth.

I told them that if all of the assets stayed in their mother’s name, then their mother would be forced to spend her $475,000 of financial assets until she had less than $2,000 remaining. They told me that their mother was spending about $8,000 per month currently on her care. I also told them that – if Mom keeps everything in her name – then after Mom spends all of her finances, she will qualify for Medicaid, but then Medicaid will have the right to enforce its Medicaid Estate Recovery rights after Mom dies, forcing the house to sold after Mom dies to reimburse Medicaid for what they spent on Mom’s care after Mom spent all of her own money.

This July 4th, the U.S. will celebrate its 241st Independence Day! On July 2, 1776, the Continental Congress voted in favor of independence. Two days later on July 4, its delegates adopted the Declaration of Independence, drafted by Thomas Jefferson, and declared the 13 American colonies independent states and no longer a part of the British Empire. Check out the infographic for some fun facts to help mark the holiday!

How will you be celebrating this Fourth of July?

 

Independence-Day

OEpic-Blog-Image-3-300x133ne of the biggest problems that senior citizens ages 65 and older face is that they are frustrated by the fact that they have worked hard and sacrificed to save a nest egg for their later years only to face the possibility that they could lose everything to a long term care medical need, while others who spend and don’t worry about their finances can rely on government assistance to pay for all of their skilled nursing home costs

Sometimes older parents and grandparents even wake up in the middle of the night worrying about how much their children will struggle to have to provide care for their aging parents while the children watch the family finances go down the drain.

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Let’s face it. many people HATE paying tax. And many people hate paying income tax when distributions are made from their IRA.8942c891917593748f2b7930878e34f5-300x300

We recently were working with a gentleman from our area on his estate plan. He owned property in Dane County. He had never been married and he never had children.

He wanted to leave some things and some money to a family member of his, but he liked the idea of setting up some scholarship funds. So, after quite a bit of discussion, he decided to name his college as the beneficiary of part of his IRA when he died. But he did not want the funds from his IRA to go into the general funds of the college. So, we are restricting the IRA so that it can only be used in a certain curriculum of the university. Now, he knows that students in his prior field will benefit from scholarships that he establishes.