One reason many Wisconsin residents create a trust is to reduce their estate’s potential estate tax liability. For example, with a qualified terminable interest property (QTIP) trust, married couples can maximize the potential estate tax deduction for their combined property. Basically, the way a QTIP trust works is that the first spouse to die leaves a “life estate” in his or her property to the surviving spouse. This means the surviving spouse may continue to use and receive income from the deceased spouse’s property. The property itself remains in trust until the second spouse’s death, at which time the trust assets are distributed to a final beneficiary, such as the couple’s children.

Wisconsin Court Holds Father’s Will Did Not Create QTIP

Creating a QTIP trust is not necessarily difficult, but it is something that must be done carefully to ensure there is no confusion as to your intentions. If you did not clearly intend to create a trust, do not expect a judge to make one for you after you die just to help your estate save money on its estate tax bill. The law is not that generous.

Living trusts are a flexible estate planning device that you can amend, modify, or revoke at any point during your lifetime. Of course, once you pass away, the terms of the trust become irrevocable. In other words, your successor trustee is Trustbound by its terms and must administer the trust assets as you direct.

This also means that your choice of a successor trustee is critical in ensuring the successful administration of the trust. Many people create a trust because they fear certain family members gaining control of their estate. Having a strong trustee in place, which in some scenarios may even mean appointing a non-relative or corporate trustee, can help ensure that the trust ultimately fulfills your wishes. Continue reading

Court-HammerProbate administration is the legal process of distributing a deceased Wisconsin resident’s property in accordance with the terms of his or her will, or if there is no will, under the state’s intestacy laws. Probate is also when anyone to whom the deceased owed money can present claims for payment. This includes health care providers, credit card companies, and even family members of the deceased.

Court Dismisses Son’s “Frivolous” Lawsuits Against Mother’s Estat

Under Wisconsin law, a creditor may demand “formal proceedings” in probate court to resolve any disputed claim against the estate. Probate court is the proper place to resolve such issues. In other words, a family member or other creditor should not initiate civil litigation outside of the probate administration process.

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Accuracy is important when making a will. You want to be as clear as possible when identifying your property and the people to whom you wish to leave it. For instance, if your will says, “I leave my son my car,” and you have two sons and three cars, you have not clearly expressed your wishes. Such ambiguity can ultimately lead to costly, unnecessary litigation between your family members as they struggle to understand what you meant.

No Estate Tax, No Worries?

Legal Description Helps Court Divide Property Between Niece, Nephew

Even when a court determines that your will was sufficiently clear, dissatisfied family members may still try contend otherwise. Recently, a Wisconsin state appeals court addressed just such a case. This lawsuit revolved around a will that contained a technically inaccurate, though legally sufficient, description of the deceased woman’s real estate. Continue reading

When someone passes away with property titled out of state, transferring those assets to their rightful owner can become more complicated than what should be expected from a traditional probate process. If you have property titled out of state or are set to inherit property from another state, you may need to go through what is called ancillary probate and potentially require help from an out-of-state lawyer to complete the process.

If an out-of-state resident passes away and his or her last will and testament expresses intent to pass real estate in Wisconsin along to someone, it will be necessary for the administrator of the estate, as named in the will, to file probate in the Wisconsin county where the land is located. The executor will need to furnish the probate court with a copy of the decedent’s last will and testament as well as documents showing that the estate has been entered into the probate court of the testator’s state.

There are two ways that real estate owned by an out of state resident can be transferred without going through probate. The first is in the event that six years have elapsed since the deceased’s passing when a copy of the will and out state probate are used to secure a certificate of assignment to transfer the title without probate. The second, “no personal representative has been appointed in this (Wisconsin) state for the estate of any decedent who was not a resident of this state at the time of his or her death,” the county Circuit Court may appoint an executor to take control of the real estate.

Wisconsin is one of nine states with community property laws that can have a major impact on how couples conduct their estate planning and pass on property to their heirs. The law holds that any property acquired during the course of a marriage is equally owned between spouses and in the event of a divorce, must be split 50/50. Wisconsin is one of a handful of states that take the law further to apply to probate laws.

Married couples in Wisconsin are allowed to have property as survivorship marital property, also known as community property with right of survivorship, which passes on the deceased spouse’s half of the property upon death. What this means is that when one spouse passes away, the house, cars, furniture, and other real estate automatically become the sole property of the surviving spouse.

Wisconsin Statute 766.60(5)(a) reads: “On the death of a spouse, the ownership rights of that spouse in the property vest solely in the surviving spouse by nontestamentary disposition at death.” This law was promulgated in 1986 as part of Wisconsin’s adoption of the Uniform Marital Property Act (UMPA) which sought to create more consistent spousal property laws across the country.

funeralPlanning for your burial is another important part of one’s estate that can often be overlooked when it comes time to planning other aspects like creating a last will and testament, assigning an executor, or creating various types of trusts to avoid tax implications of dividing an estate. However, if you have a family or need to observe certain religious burial practices, it is vitally important that you create an Authorization for Final Disposition to ensure that your final wishes are carried out at your burial.


An Authorization for Final Disposition allows individuals to make advance arrangements for their funeral viewing, suggest which religious observances should be followed, and suggest a source of funds to pay for the burial. The Authorization for Final Disposition also gives instructions on what type of funeral ceremony, memorial service, graveside service, or other last rite the individual may desire and inform family members whether a burial, cremation, or other disposition or donation of the remains is desired.


Without a signed Authorization for Disposition letter, Wisconsin law provides a hierarchy of surviving heirs who have the authority to make decisions on final burial arrangements. Wisconsin’s order of priority for burial procedures is as follows:

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HOME-300x199When it comes time to plan your estate, there are many way to pass on real estate to avoid paying costly expenses. One transfer method with tax advantages that may work for some folks is known as the estate deed. Essentially, an estate deed allows you to transfer your home to beneficiaries but still live there and avoid estate taxes and the probate process.

When you create a life estate, you will own the property along with whomever you designate as a beneficiary. The person living in the home is known as the “life tenant” and has exclusive rights to the property during his or her lifetime. The life tenant can be one person or individuals with joint tenancy, like a husband and wife. It is important to note that the life tenant has the responsibility to maintain the property, pay taxes, and retain insurance on the dwelling. Continue reading

living-will-300x200Estate planning covers more than just creating a last will and testament to distribute your assets upon passing away. While none of us expects to find ourselves in a situation in which we cannot dictate the terms of our medical treatment in an end-of-life situation, we should nonetheless be prepared for situations like these and give guidance to or families on what to do when difficult decisions need to be made.

One document vital to these important health care decisions is a living will, which is not the same as a durable power of attorney that designates an agent to make choices on your behalf. These documents are two sides to a coin that your loved ones will need to instruct doctors on what to do should you be unable to speak for yourself in situations like being placed on a ventilator, a feeding tube, or being in a persistent vegetative state. Continue reading

A Wisconsin man who claims that notorious California cult leader Charles Manson, who orchestrated the gruesome Manson Family murders in the 1960s, was his biological grandfather recently filed paperwork challenging a will Manson allegedly wrote giving his estate to a long-time penpal. The legal moves could set up months of courtroom sparring between the two sides and potentially other biological heirs who Manson allegedly disinherited from his estate in the will produced by the California penpal.

A Los Angeles Superior Court judge will first have to rule on the appropriate venue to hear the challenges over the estate, including who would be entitled to Manson’s property, money, image, and song catalogue. Manson died at a hospital in Kern County in November but was incarcerated in Corcoran State Prison in neighboring Kings County. His supposed heir believes Los Angeles to be the proper venue to hear the probate proceedings as Manson lived there before he was imprisoned for orchestrating the 1969 killings of pregnant actress Sharon Tate and eight other people.

In the will produced by the man who befriended Manson, the deceased specifically disinherited two known sons and any other unknown children but left the penpal all the rights to the estate and his body. It is believed Manson specifically asked the willholder to find burial arrangements alternative to that of the cremation process California state prisons take if an inmate dies without a party to accept responsibility for the deceased’s burial.