With many family law litigants going without counsel, we need to be relevant to assist clients and add value to the divorce process, writes Margaret Hickey. One way to do that: Knowledge of elder law.
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The Wisconsin Supreme Court recently upheld an actual damages award, attorney fees, and double costs in favor of an estate that filed a small claims action against the decedent’s niece for civil theft of funds from the estate.
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Multiple family members owning real estate together can be a recipe for disaster unless they jointly create a plan for the ownership and management of the property for generations to come. Melissa Kampmann and Shanna Yonke discuss the necessity of a well-reasoned plan, crafted by current and future owners, to minimize the risks associated with the common ownership of property.
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Robert Zernzach deposited $200,000 into a P.O.D. (payable on death) bank account, naming two beneficiaries on the bank account agreement. Recently, a state appeals court ruled that a handwritten note did not change the P.O.D. beneficiary.
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Often, old age is accompanied by declines in cognition that can negatively affect an older person’s ability to engage in estate planning. But even when they don’t, beneficiaries might use a testator’s age and normal age-related behavior as reasons to challenge a will or other testamentary document. The growing number of older people with cognitive challenges will bring with it an increase in estate litigation.
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July 20, 2016 – WisDocs Estate Planning is a mobile document assembly system accessible wherever you have an internet connection. It is a quality product best suited for attorneys who use Eckhardt’s Workbook for Wisconsin Estate Planners, writes attorney Brent Hoeft.
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Intellectual property can be a significant element of a person’s estate, and for artists, that intellectual property likely will be copyright. For lawyers advising clients, identifying, and cataloging property consisting of copyright is particularly important – and challenging.
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Compiled from dozens of forms and sample-language provisions from the award-winning Eckhardt’s Workbook for Wisconsin Estate Planners, WisDocs Estate Planning is a powerful, user-friendly, mobile document assembly system accessible wherever you have an Internet connection.
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Lois Noone held a power of attorney for her mother. She hired an attorney, who was ultimately paid $25,000, to defend an action by five siblings, who wanted the court to review certain decisions that Noone made on her mother’s behalf.
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Rene Von Schleinitz died in 1972. His will provided for a trust to hold land with “improvements,” including cottages on Cedar Lake in West Bend. Recently, a state appeals court ruled that “improvements” did not include septic and well systems serving a cocottage built and owned by Von Schleinitz’s daughter and her husband.
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No matter the number of beneficiaries or the size of the estate, family feuds about inheritances can result in permanent estrangement. Mediation is a cost-effective, efficient mechanism to resolve such disputes and mend and even strengthen formerly broken ties.
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In Wisconsin, the question is unsettled as to whether a lawyer retained to administer a probate estate or a trust represents the fiduciary or the estate. Similarly, the law is unsettled as to the duties the lawyer owes to the beneficiaries. These are important concerns. Here’s why.
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Feb. 18, 2015 – The new Wisconsin Trust Code allows for the appointment of a Trust Protector, who can provide valuable estate planning opportunities. In this article, Milwaukee attorney Terry Campbell explains why lawyers should use caution before taking the role as Trust Protector.
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Feb. 18, 2015 – Imagine facing a legal question and unable to find an answer. Every lawyer’s nightmare? Perhaps. But that was often the challenge estate planning attorneys faced prior to passage of the new Wisconsin Uniform Trust Code, says Randy Nelson. The new trust code sets out a series of default rules.
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July 2, 2014 – For more than 40 years Wisconsin lawyers have turned to Eckhardt’s Workbook for Wisconsin Estate Planners for indispensable guidance in the demanding realm of estate planning. This 2014 edition is especially timely because it includes extensive discussion of the new Wisconsin Trust Code, which took effect on July 1, 2014, and will significantly change the testamentary landscape.
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The new Wisconsin Trust Code, effective July 1, 2014, is transformative and makes Wisconsin a better place to administer trusts. It answers basic questions not covered in the previous trust code and provides new tools that add flexibility for estate planning attorneys and their clients.
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To recognize Healthcare Decisions Day, an event that reminds folks to complete an advance directive documenting their preferences about issues surrounding end-of-life decisions, the State Bar has made its consumer guide, A Gift to Your Family: Planning Ahead for Future Health Needs, available for free downloading until April 23.
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The State Bar of Wisconsin National Mock Trial planning team is calling on attorneys, judges and experienced teachers and coaches from around the state to step up to the bench and volunteer to serve on a judging panel during the 2014 National High School Mock Trial Championship on May 9 and 10 in Madison.
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Feb. 19, 2014 – The new Wisconsin Trust Code takes effect on July 1, 2014. Do you know what’s changing? You will with PINNACLE’s newest codebook: the Wisconsin Trust Code – with Legislative Reference Bureau Analysis.
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Dec. 18, 2013 – A new law, effective July 1, 2014, changes trust law in Wisconsin by adopting a modified version of the Uniform Trust Code. In this article, Milwaukee attorney Mark Shiller explains some of the major changes that were enacted into law last week.
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Gregory Felhofer and his girlfriend purchased a vacant lot to build a home. By the time they built it and moved in, they were married. Recently, a state appeals court rejected a claim that the property was not survivorship marital property.
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Dec. 4, 2013 – A new handbook developed by the State Bar’s Solo, Small Firm & General Practice Section includes forms and other documents to help lawyers plan for what happens to their practices in the event of death, disability or emergency.
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In this bizarre online world, even people who have no desire to enter the digital frontier are being forced there, with little understanding of the digital property they own and even less understanding of what may happen to those assets if they die or become incapacitated. Planning is crucial. You can even schedule Facebook, LinkedIn, and tweets to post after you die. Think about it.
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Sept. 4, 2013 – Changes to Wisconsin’s public assistance laws that were included in the 2013-15 biennial budget create severe consequences for the elderly and disabled, as well as family businesses and farms, according to Wauwatosa lawyer Carol Wessels.
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Circuit courts can still void marriages after one spouse dies, the Wisconsin Supreme Court has ruled, meaning a petitioner can challenge a surviving spouse’s share of an estate on the grounds that the marriage should be voided.
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The State Bar of Wisconsin is set to host the National Mock Trial competition next spring, and organizers of the event are pleased to announce that they have received the largest donation to date – $25,000 – from the Wisconsin Law Foundation.
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May 1, 2013 – In this article, West Allis lawyer Bruce Tammi explains how provisions in Gov. Scott Walker’s proposed biennial budget will expand estate recovery for long-term care expenses paid by Medicaid and impact divestment planning.
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Jan. 2, 2013 – In 2009, Wisconsin passed a domestic partnership law granting certain rights to same-sex couples who live together. A lawsuit challenged the law as unconstitutional. Recently, a state appeals court upheld the law in a case likely headed for the Wisconsin Supreme Court.
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