probate

The Probate process begins with the examination of your Will. Your designated Personal Representative (in some states referred to as Executors) may be required to go to Probate court to be sworn-in in order to act on your behalf. The Personal Representative will usually hire our firm to assist with the entire Probate process.

Upon death, the Power of Attorney for Health Care and POA for Finance no longer are controlling documents as they are for living persons. The controlling documents are the Will and any Trust Agreements. The person nominated as Personal Representative in the Will may apply with the Probate court to act on behalf of a decedent.

Estate planners make efforts to have assets and rights transferrable without the authority Probate court grants. Pay upon death accounts and accounts with properly designated beneficiaries are such examples. A Trust can be another vehicle to make transfers upon death without Probate court. Working with an attorney is the only way to properly prepare your Estate Plan.

For those that survive you, many decisions must be made. Wisconsin Statutes do provide for the distribution of your property. Ask your attorney what would happen without a Will and how a Probate without any planning would occur. 

As part of the basic Estate Plan, I ask you to complete the Suggested Disposition Form. This is a state form that outlines specifics of your final disposition including life celebration. Take a look at the form in anticipation of our first meeting. It can be found at: 

https://www.dhs.wisconsin.gov/forms/advdirectives/f00086.pdf

A trust may be administered by a successor trustee after your death. Assets transferred to the trust may be protected and ultimately transferred to a Beneficiary at your direction. Business ownership transfers can likewise be transferred in accordance with member's agreements or bylaws. Bring all of your questions and concerns to your initial conference.