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When it comes to creating a lifetime giving strategy for clients, financial planners and estate planning attorneys can – and should – work as a team.

Copyright isn't just for artists and musicians. Many estate and marital planning clients are "authors" with copyright assets that need special attention.

Civil legal aid providers are asking Wisconsin lawmakers for a $16 million dollar increase to help provide services for veterans, victims of domestic abuse, seniors, and underserved rural communities.

In a probate matter, Timothy Pierce says, lawyers may not accept a contingency fee based on a percentage of the gross value of the estate in lieu of paying the lawyer's hourly rate.

In recognition of Health Care Decisions Day on April 16, the State Bar of Wisconsin is offering a free download of its healthcare decisions guide for a limited time.

State funding for civil legal aid could support thousands of families, streamline court operations, and create economic returns for communities. Let your lawmakers know your thoughts on civil legal aid funding as they build the next state budget.

It appears that 2025 is a year of sweeping policy changes in the U.S. Evan Lin discusses what estate planning attorneys should keep in mind for their clients this year.

Estate planning is not a one-and-done event. Attorneys who advise clients on their future wishes need to consider the long term – what could change as life goes on.

Looking for CLE? On topics from business litigation trends and tax law developments to speaking and writing effectively, State Bar of Wisconsin PINNACLE offers programs to keep you on top of your practice.

As the so-called silver tsunami hits health care, many physician-owners of ambulatory surgery centers are preparing for retirement. Angela Rust describes succession-planning challenges attorneys should raise to address compliance with the Anti-kickback Statute.

Matt Beier explains the importance of succession planning specific to civil litigation and offers tips for civil litigators.

Legal documents can now be signed and witnessed remotely. Heather Poster discusses the new rules and offers tips and advice on incorporating remote notarization and witnessing of estate planning documents into your practice.

As academic years end and summer arrives, many families may explore what the educational future holds for their children and grandchildren. As with anything else, proper planning is key.

On March 23, 2024, legislation amending the Wisconsin Trust Code took effect. The Trailer Bill provides numerous enhancements to the depth and efficacy of Wisconsin's trust law. Among the topics covered are classes of beneficiaries, representation of beneficiaries interests, nonjudicial settlement agreements, and the treatment of digital property owned by married persons.

Emergency rules necessitated by the COVID-19 pandemic have now been made permanent. 2023 Wisconsin Act 130 was signed into law on March 21, 2024, and took effect on March 23, 2024. Act 130 provides guidance on how and when lawyers, principal signers, notaries, and witnesses may use remote witnessing and notarization procedures for estate planning documents.

Double counting – dividing an asset for property and as income available for maintenance – is generally prohibited. A more nuanced review of the rule and case law reveals important exceptions, writes David Kowalski.

The 2023-24 Wisconsin legislative session was a busy and successful one for the State Bar and its lobbying sections. This Rotunda Report gives a brief summary of section positions and accomplishments.

In recognition of Healthcare Decisions Day on April 16, the State Bar of Wisconsin is offering a free download of its healthcare decisions guide for a limited time.

Two bills supported by the Real Property, Probate, and Trust Section were signed into law on March 21, 2024.

A Waukesha County Circuit Court erred by retaining jurisdiction over a bitter and long-running lawsuit about four siblings’ inheritance, the Wisconsin Court of Appeals has ruled in a per curiam decision.

The legislature is rapidly winding down, and Capitol watchers can expect a flurry of activity for the next few months. Here's where State Bar legislative advocacy stands at the end of 2023.

Many estate-planning clients seem to be destroying their well thought-out estate plans by using nonprobate transfers, instead of relying on their existing estate plan documents. Andrew Falkowski explains why the increased use of nonprobate transfers is a major thorn in the side of estate-planning attorneys.

In this article, two experienced estate planning attorneys share transactional tips.

Statements made by a decedent two years after he created joint bank accounts with one of his daughters are admissible to help determine his intent in creating the accounts, the Wisconsin Court of Appeals District has ruled.

Five years after her death in 2018, a jury settled a family dispute over the estate of renowned singer Aretha Franklin. It's another reminder that adding estate planning to your practice can help families avoid conflicts following the death of a loved one.

WILMIC's recent experience demonstrates that the risk of a malpractice claim arising out of transactional work is significantly higher than in litigation – especially in estate planning. Matt Beier explains.

Resources that help you to research a comprehensive estate plan for your clients.

The court battle over Lisa Marie Presley's estate should remind attorneys to tend to estate planning basics.

Matthew Beier says the seemingly clear rule that files belong to clients, not to their lawyers, can quickly become murky after a client dies, especially when the files at issue concern estate planning. 95 Wis. Law. 43 (Dec. 2022)

When you are tasked with helping your clients plan for their future, the details of their plan require investigative effort on the part of the attorney.

After nine years of practicing estate planning and elder law, Appleton lawyer Jon Fischer has seen up close the effects of failing to plan for end-of-life care.

Legislation proposed in Wisconsin's Assembly and Senate can have an unexpected impact on your clients' payable on death (POD) designations. Jeff Goldman discusses the proposed bills, what that may mean for your clients' estate plans, and how to avoid unforeseen results.

As the circumstances of Britney Spears' conservatorship make clear, the topic of substitute decision-making for vulnerable individuals in Wisconsin and elsewhere has relevance for almost all lawyers, not only senior lawyers or those who practice elder law.

Is now the time to sell or gift a business before the end of the year? Maureen O’Leary discusses potential changes to gift, estate, and income tax laws, and why business owners might want to complete business transactions before the end of 2021.

After a client's divorce, can I represent that client in an estate planning matter if I previously represented both former spouses together on an estate plan?

After a client's divorce, can I represent that client in an estate planning matter if I previously represented both former spouses together on an estate plan?

The family cabin is often one of the family’s most cherished assets, and protecting it from devastating long-term care costs requires advance planning. Corinna Martell discusses the benefits of using a family LLC to protect family property.

Mental health law crosses many practices areas, according to Amanda Pirt Meyer, co-author of a new book, Mental Health Law in Wisconsin: A Guide for Legal and Healthcare Professionals, published by State Bar of Wisconsin PINNACLE®.

Joint accounts at financial institutions might be used to transfer assets at death in ways that account creators did not intend. Learn how to determine whether a joint account holder interfered with a decedent's estate planning goals by inappropriate use of the joint account.

In recognition of Healthcare Decisions Day on April 16, the State Bar is offering a free download – through April 23 – of its health care decisions guide, "A Gift to Your Family: Planning Ahead for Future Health Needs."

Diem Nguyen says it's never too early to engage in estate planning. But it can be too late if some or all of the five types of details discussed here fall through the cracks.

The medical profession often fails the elderly and those with terminal illness by avoiding honest talk about the choices these patients face. The same problem exists in elder law, says Benjamin Wright, who discusses one of the hardest aspects of elder law – learning to talk honestly with clients in a way that leads to good decisions.

For many people, a will is just a starting point. Planning for the management and disposal of an estate during life or after death requires examining family, financial, and personal details to create the best plan tailored for the individual.

The SECURE Act, enacted in late 2019, made significant changes to treatment of certain retirement accounts. Lawyers should become familiar with the Act now so as to advise clients to make appropriate changes to retirement and estate plans.

Ben Wright interviews elder law practitioners about their work, the challenges and rewards of their chosen focus area, and their tips for getting started in the field.

Establishing a constructive trust could be a remedy to hold life insurance proceeds for a decedent’s minor children, a Wisconsin Supreme Court has ruled, but the circuit court must first examine the relevant facts to make that decision.

In recognition of Healthcare Decisions Day on April 16, the State Bar is offering a free download – through April 25 – of our health care decisions guide, “A Gift to Your Family: Planning Ahead for Future Health Needs.”

An emergency rule now allows documents to be notarized remotely online but it does not apply to estate planning and other types of documents, such as wills and trusts.

An emergency rule now allows documents to be notarized remotely online but it does not apply to estate planning and other types of documents, such as wills and trusts.

Signed into law in December, the Setting Every Community Up for Retirement Enhancement Act, or SECURE Act, changes many requirements for employer-provided retirement plans, IRAs, and other tax-favored savings accounts. Britany Morrison discusses the tax implications of a few key provisions in the Act, which are now in effect.

In Wisconsin, financial exploitation is the largest category of elder abuse after self-neglect. This article looks at certain vulnerabilities among older clients, along with options and resources to address them, especially through drafting and statutory provisions for financial powers of attorney.

Representing older clients in financial abuse cases requires the readiness to act quickly but also the recognition that traditional law enforcement and judicial system responses might not be appropriate. Here are considerations and steps to take when investigating and remedying financial abuse of an elder.

Estate planning lawyers should modify their estate planning forms to reflect recent changes that impact retirement account distributions after death.

The 2019-2020 Legislative session is rapidly drawing to a close. Learn more about where priority bills for the State Bar and its Sections are at in the last days of the process.

Help your family and clients take the right steps at the right time, with the assistance of PINNACLE's 'Advising Older Clients and Their Families.'

Residents of rural Wisconsin counties who require long-term care will likely have to move farther from home, and compete for fewer beds, than their urban counterparts. Continued facility closings threaten to exacerbate the disparity.

The copyright termination right can be little known among lawyers who don’t practice copyright law, yet it can alter the course of estate and marital property plans. Elizabeth Russell discusses the details of the copyright termination right in estate planning.

The Wisconsin Supreme Court has unanimously ruled that a legal malpractice claim for alleged negligent administration of an estate was properly dismissed while clarifying the law when third-party, non-clients bring malpractice claims.

Achieving a Better Life Experience (ABLE) accounts allow family members to save for a disabled child while not disqualifying the child from receiving government benefits. Amy Krier discusses the requirements and limitations for ABLE accounts.

Executive Director Larry Martin invites you to provide support to first responders by volunteering for the Wills for Heroes program.

Evolving family trees and increased life spans are contributing to estate planning's position as a risky practice area, writes Tom Watson.

So, what is an avatar? Can it possibly be of value to your client? With Eckhardt's Workbook for Wisconsin Estate Planners, you'll learn everything you need to know to make sure estate plans keep pace with clients' use of computers, smartphones, the internet, and social media.

With proper care and assistance, an executor can safely and legally transfer ownership and possession of a decedent’s firearms to buyers and beneficiaries alike. Philip Miller and John Pernice offer a practical guide that helps preserve or maximize their value to the estate or trust beneficiaries.

In 2012, Radcliffe Haughton opened fire in a Milwaukee suburban spa, killing his wife, Zina, and two other victims before killing himself. Zina’s daughter, Yasmeen Daniel, later sued the website Haughton used to purchase the firearm.

Modern farms often consist of many interrelated owners and entities. Bridget Finke discusses the importance of considering the entire farm operation when assisting on a specific project.

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.

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.

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.

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.

Avery Mayne’s tips for talking to clients whose previously obtained legal advice has not gone as desired will help lawyers in client conversations in a variety of difficult situations.

A state appeals court recently ruled that the nonfamily beneficiaries in a will are entitled to attorney fees and costs because they prevailed on an appealable contested matter, despite an argument that the parties had reached a settlement.

Effective estate planning for many rural Wisconsin residents is a matter not only of the typical goal of treating all heirs fairly but also the goal of ensuring that the family’s assets can continue for agricultural purposes by future generations within the family. The author lays out the types of farm-specific information a lawyer should gather from the client and offers a farm-client case study.

Don’t keep your loved ones in the dark about your end-of-life wishes. Download the State Bar’s planning guide, free to download April 16-22.

Not everyone plans to die. But smart people plan their estates. And savvy lawyers help them by using PINNACLE’s Eckhardt’s Workbook for Wisconsin Estate Planners.

The Wisconsin Supreme Court has repealed the 158-year-old Deadman’s Statute under a package of evidence rule changes sought by the Judicial Council.

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.

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.

In this article, attorney Kenneth Barczak highlights a new Wisconsin law addressing a fiduciary’s right to access a user’s digital property and online accounts.

Upcoming free webinars in May, June, and July will teach you how to use the new WisDocs Estate Planning Document Assembly Program from the State Bar of Wisconsin PINNACLE.

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.

Don’t keep your loved ones in the dark about your end-of-life wishes. Download the State Bar’s planning guide, free to download through April 29.

Don’t keep your loved ones in the dark about your end-of-life wishes. Download the State Bar’s planning guide, free to download from April 15 to April 29.

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.

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.

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.

Paul Wokwicz says experienced lawyers know how to invoke statutory provisions to protect the estate process and the personal representative when selling real property from an estate.

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.

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.

Tom Watson cautions that in estate planning matters, lawyers must be aware of the malpractice-related risk of disappointing nonclient beneficiaries.

April 15, 2015 – Register now for your chance to get CLE for a bargain price at the 2015 Annual Senior Lawyers Division Continuing Legal Education Program on May 13.

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.

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.

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.

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.

A bill making its way through Congress would give attorneys the ability to house their interest-bearing client trust accounts in credit unions.

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.

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.

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.

Help the State Bar of Wisconsin send a bill to the governor’s desk, which would return first-time, nonviolent 17-year-old offenders to juvenile court jurisdiction.

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.

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.

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.

George Brown encourages you to plan ahead for future health needs, because life can change in an instant.

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.

Attorneys can benefit terminally ill and elderly clients by recognizing and assisting with crucial and time-sensitive estate planning issues while the clients are still alive. The authors provide tips to help estate planning attorneys respond quickly and efficiently to elderly and terminally ill clients.

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.

The Wisconsin Legislature returns to work this fall with a heavy agenda to close out the 2013 session. The fall session will span over three months and will include floor periods in September, October and November.

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.

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.

Gov. Walker has signed Assembly Bill 40 into law, using his partial veto power to cut 57 words or phrases from the proposed $68 billion state budget bill.

Assembly Bill 40 – more commonly referred to as the “budget bill” – passed through both legislative houses last week with only a few technical changes to the governor’s original proposal. Now the bill heads to Gov. Walker, so he can sign the bill into law.

Two of the State Bar of Wisconsin’s lobbying sections are actively opposing elements of the governor’s budget bill on the grounds that the provisions will negatively affect their clients.

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.

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.

Nov. 7, 2012 – If you do estate planning, you need the State Bar of Wisconsin PINNACLE Eckhardt's Workbook for Wisconsin Estate Planners for its indispensable guidance in this demanding area of practice.

Nov. 7, 2012 – If you do estate planning, you need the State Bar of Wisconsin PINNACLE Eckhardt's Workbook for Wisconsin Estate Planners for its indispensable guidance in this demanding area of practice.

InsideTrack

June 21, 2012 – The Wisconsin Supreme Court may soon decide whether Wisconsin courts can "void" marriages after a spouse has died despite the state's annulment statute, which does not allow marriages to be "annulled" after a party to the marriage has died.

May 21, 2012 – Last week the Wisconsin Supreme Court clarified that individuals with Alzheimer's disease or incurable disorders cannot be involuntarily committed under a statutory scheme designed for short-term commitment and treatment of mentally ill individuals.

March 7, 2012 – An A to Z roadmap to probate, Wisconsin Probate System is an indispensable guide to every aspect of probate. It lists, in meticulous detail, all steps to take, and reproduces all forms required, to probate an estate.

Feb. 17, 2012 – A surviving spouse cannot pass ownership of a wrongful death claim to a decedent's adult children, a state appeals court has ruled.

Feb. 1, 2012 – The recently updated State Bar of Wisconsin PINNACLE^™ Advising Older Clients and Their Families is a must have in any elder law practitioner's reference library. This two-volume resource covers end-of-life and property-related issues, health-care matters, and more.

Jan. 26, 2012 – A dying man's wish to forgive several debts cannot be granted, a state appeals court has ruled.

Jan. 24, 2012 – In a recent decision, a Wisconsin appeals court reversed a $1.5 million damages award against a brake-shoe supplier whose product contained asbestos, concluding the evidence was insufficient to prove causation.

Jan. 4, 2012 – The Wisconsin Judicial Benchbook series is among the best sellers of the State Bar of Wisconsin PINNACLE^™ publications. The 2011 revisions and supplements for each of the five criminal and traffic, civil, family, juvenile, and probate, guardianship and mental health volumes include statutory amendments and case law developments occurring since the 2010 supplements.

InsideTrack

Dec. 7, 2011 – Although the economy is showing signs of recovery, many people – including first responders – cannot stretch their budgets to include essential legal documents. Despite the inherent risk in a first responder’s job, says Kristine Havlik, it is estimated that 80 to 90 percent of first responders lack even a simple will. That’s where you come in.

Oct. 13, 2011 – A state appeals court recently ruled that an irrevocable trust, established by three children to benefit their parents in limited circumstances, now bars the mother's claim for medical assistance.

Wisconsin's new power of attorney for finances provides more guidance for agents and protection for principals. Still, some uncertainties remain as to the meaning and effect of the law that created the new POA.

Aug. 3, 2011 – The recently updated Advising Older Clients and Their Families is a must have on any elder law practitioner's shelf. This two-volume resource covers end-of-life and property-related issues, and health-care matters and more.

Aug. 3, 2011 – Green Bay Packers season tickets have been sold out since 1960, and the waiting list is miles, perhaps generations, long. Estate planning attorney Sara B. Andrew explains how season ticket owners can keep their cherished Packers tickets in the family using estate planning techniques.

April 20, 2011 – State Bar of Wisconsin PINNACLE™ recently updated Eckhardt's Workbook for Wisconsin Estate Planners. Last revised in 2008, the new supplement highlights developments in the law including the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 and the Uniform Power of Attorney Act in newly created chapter 244 of the Wisconsin Statutes.

April 20, 2011 — This month the State Bar reminds lawyers about the importance of promoting advance care planning with their families, friends, and clients. In this video, William Colby, attorney for the controversial Nancy Cruzan right-to-die case, talks about the legal and medical impact of these issues.

April 6, 2011 – The State Bar Elder and Health Law sections are participating in National Health Care Decisions Day on April 16. Free electronic copies of the State Bar consumer guide, A Gift to Your Family: Planning Ahead for Future Health Needs, will be available from April 8 to April 25 on WisBar.org. Print copies, both English and Spanish, are available to members for a discounted price for the month of April.

Dramatic changes in the federal estate, gift, and generation-skipping taxes occurred in December 2010. But unless congress extends them, the changes will expire at the end of 2012 and will revert to the federal law in place in 2001. This uncertainty makes estate planning even more challenging. Here is a look at the federal changes and the current state of Wisconsin's estate and gift taxes.

There’s a little bit of relief for just about every taxpayer in the 2010 Tax Relief Act, including small and family businesses, working individuals, and wealthy people with substantial estates. The law contains several unique, limited-term planning opportunities but is fraught with peril for those who neglect the details.

After your death, will your family know how and where to access sentimental family heirlooms such as the generations of family photos you digitally scanned from well-thumbed originals? What about your online bank, credit card, investment and social media accounts?

Sometimes what is necessary is not sufficient. That was one lesson learned following the bankruptcy of LandAmerica 1031 Exchange Services. This article discusses the series of LandAmerica bankruptcy decisions, describes the unanticipated hazards of relying on only one means of protection for clients who desire tax-deferred treatment of their real estate transactions, and explains how to provide more certainty and peace of mind for these clients.

Oct. 20, 2010 – State Bar of Wisconsin PINNACLE™ codebooks put relevant law at your fingertips, in your briefcase, or at your desk. Each codebook contains the critical statutes, regulations, and other materials for specific areas of law, in easily managed paperbound volumes. Discounted member prices range from $4.50 to $23.75.

Wisconsin’s new uniform power of attorney for finances and property law, which becomes effective Sept. 1, 2010, provides clarity regarding POAs, encourages acceptance of POAs while protecting those who accept them, protects the principal in several important ways, offers guidance to agents, and provides a statutory form.

Should a feeding tube be withheld if the patient is conscious?

April 14, 2010 - The “family exclusion clause” of a homeowner’s insurance policy precludes coverage of wrongful death and survivorship damages where half the damages would ultimately accrue to an insured person through intestacy, the court of appeals held yesterday.

2009 Wisconsin Act 28 defines state employee domestic partnerships and same sex domestic partnerships and governs relationships between partners. The Act affects many areas of the law, but its provisions are not comprehensive. This article lists many of the statutes the Act affects, identifies some of the many provisions governing the relationship between spouses that the Act does not directly affect, and addresses several situations in which couples can benefit from advance planning.

Oct. 13, 2009 – In 1989, the Wisconsin Court of Appeals held that an insurance provision in a divorce stipulation had to be “support related” if a court imposed a constructive trust over the insurance proceeds. Recently, the court of appeals limited its ruling to the facts of that case.

July 29, 2009 – An attorney who advised that a client could ignore a stipulation in the client’s divorce judgment is liable for aiding and abetting the violation of a court order. But dissenting justices argue the stipulation lacks such force when it exceeds the court’s subject matter jurisdiction.

May 6, 2009 – Last year’s rampant flooding in Wisconsin pointed out a need that this program is designed to meet. Attend an afternoon of free training from 12:30 to 4:10 p.m. on May 21 in Madison to educate lawyers about common legal issues faced by victims of a natural disaster. Hear legal services professionals from the Federal Emergency Management Agency (FEMA), representatives from the Department of Agriculture, Trade and Consumer Protection, as well as private practitioners discuss how disasters af

April 15, 2009 – The next time you plan to attend a State Bar seminar, you can add it to your electronic calendar when you register by using WisBar’s new “Add to My Calendar” feature. Once you have registered, click the “Add to My Calendar” hyperlink. You will receive an email notification of your event with instructions on how to save the event to your electronic calendar. The feature works for Outlook and Google users.

Apirl 15, 2009 – Did you know that the State Bar of Wisconsin is the official record keeper for agencies that regulate the practice of law in Wisconsin? That means, when your State Bar member record is out of date or incorrect, it affects more than just the Bar. It could affect communications from the Wisconsin Office of Lawyer Regulation, Board of Bar Examiners, and Wisconsin Supreme Court.

April 15, 2009 – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective ways to connect with paying clients more important than ever.

April 15, 2009 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics and Answers series will be presented on April 22 in Platteville and June 17 in Pembine. Pembine program information is not yet available. Pembine is conveniently located about an hour and a half from Rhinelander, Green Bay, and Marinette, and about a half hour from Iron Mountain, Mich. Both seminars, presented in two sessions, will begin with a hot breakfast at 8:15 a.m. and conclude at 11:15 a.m.

March 18, 2009, – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective resources to connect with paying clients more important than ever.

March 4, 2009 – The Wisconsin Records Management Committee updated or introduced, effective Jan. 8, 2009, more than 50 civil, family, guardianship, and probate forms.

You’ve heard the old saw – the only things certain in life are death and taxes. But at midnight on Dec. 31, 2007, Wisconsin will have no estate tax for the first time in more than 100 years, and this will remain the situation until the Wisconsin Legislature acts to reinstate it.

Scam publishers and their bogus publishing contracts feed on the dreams of would-be authors. If you're representing an author - or even yourself - learn how to spot and steer clear of a publishing scam.

The Marital Property Act extends beyond the split of assets and liabilities at divorce. Failure to know the Act's remedies and protections may expose a divorce client to liability or prevent collection of a debt that otherwise would be paid.

The Marital Property Act extends beyond the split of assets and liabilities at divorce. Failure to know the Act's remedies and protections may expose a divorce client to liability or prevent collection of a debt that otherwise would be paid.

Every year, more than 1,000 clients with identified legal needs and the ability to pay for legal assistance are unable to obtain a referral to an attorney through the State Bar’s Lawyer Referral and Information Service (LRIS) because there are no LRIS panel attorneys in the counties where callers need help.

Unmarried couples face many of the same concerns as married couples when planning their estates, but unmarried couples also face special challenges.

About one in six Wisconsin divorce cases requires division of Wisconsin Retirement System (WRS) benefits, and most family law practitioners will encounter the WRS plan at some time.

The impact of an improper pension division can be devastating for clients, because they may lose out on the pension benefits altogether, and for family law practitioners, because they may face a minefield of malpractice claims and disciplinary actions. Learn how federal and state laws intersect with pension plans so you can protect your clients' economic future and avoid malpractice issues.

More than 5,300 lawyers, judges, law office support staff, and court personnel subscribe to the State Bar's CaseLaw Express. This free weekly email service keeps members abreast of recent cases that have been added to WisBar's case law archives. Recently redesigned, the new format is easier to scan, saving subscribers valuable time.

The Deficit Reduction Act of 2005 (DRA) is the most comprehensive change in the Medicaid laws since 1993. In 1993, with an aging U.S. population and rising nursing home costs, Congress passed the Omnibus Budget Reconciliation Act of 1993 (OBRA '93). OBRA '93 contained provisions that required states to try to recover the cost of Medicaid benefits paid, by passing new state laws mandating estate recovery and liens on homes.

The examples below examine how typical fact scenarios would have played out under the policies in effect before the Deficit Reduction Act of 2005 (DRA), and how they would work following the enactment of the DRA.

Before it will act, the Wisconsin Supreme Court wants the State Bar of Wisconsin to gather demonstrable evidence that additional regulation of the unauthorized practice of law is needed. The court recently asked lawyers for quantifiable evidence not only of the harm inflicted on the public when nonlawyers practice law but also of the nature and extent of the harm. Members should submit data by Dec. 31.

Attend the 2005 Annual Bankruptcy Update seminar to learn how the new bankruptcy law, effective Oct. 17, will affect your Wisconsin practice. The Hon. Keith Lundin and Henry Hildebrand III, Chapter 13 Trustee, will bring their nationally acclaimed presentation, "Consumer Bankruptcy after the Bankruptcy Abuse and Consumer Protection Act of 2005," to the full-day seminar.

Wisconsin's congressional delegation worked together to write provisions protecting employee benefit plans that are part of the Bankruptcy Abuse and Consumer Protection Act of 2005.

The bankruptcy Abuse Prevention and Consumer PRotection Act of 2005 makes more than 150 significant amendments to the U.S. Bankruptcy Code, changing the protections offered to credit consumers.

Advance directives help to ensure that treatment preferences are honored.

The Schiavo case has important implications for doctors, patients and their loved ones, attorneys, and others in Wisconsin and nationwide. Most importantly, the case highlights the importance of clearly expressing one's medical treatment preferences in advance of incapacity. Forms and additional information are readily available, often at no cost. Do your clients a favor - educate them about the need for these directives.

While the Schiavo case arose in Florida, it raises profound ethical questions and important legal issues nationwide. This article outlines the facts and legal issues of the Schiavo case and examines how such a case might have been decided in Wisconsin.

Wisconsin federal judges, experienced practitioners, and trustees will examine the most current issues concerning business and consumer bankruptcies at the 2004 Annual Bankruptcy Update. The program will include a comprehensive case law update and substantive presentations with commentary from an outstanding judicial panel.

Gov. Jim Doyle will proclaim Nov. 8 to 12 "Life Planning Week" to remind Wisconsin families about the importance of preparing for future health needs. The State Bar is planning several radio interviews featuring volunteer attorneys to educate the public and encourage Wisconsin citizens to make life planning a priority during the week. The State Bar also will be giving away a limited number of free copies of its publication A Gift to Your Family: Planning Ahead for Future Health Needs.

The American Bar Association, joined by more than 26 bar associations, was successful in its lawsuit challenging the FTC's decision that lawyers are subject to the privacy provisions of the Gramm-Leach-Bliley Act if, as part of their law practice, they provide real estate, tax, estate planning or other financially related legal advice to individuals.

State Bar CLE Seminars is offering two Build Your Practice (BYP) seminars this summer. BYP seminars are designed as introductions to the fundamentals of practice areas for new attorneys, paralegals, and legal assistants and for experienced attor-neys who are looking to expand their practices or need refresher courses.

To remind Wisconsin families about the importance of preparing for future health needs, the State Bar of Wisconsin has scheduled a Life Planning Hotline on Tuesday, March 30th from 5 to 7 p.m.

To remind Wisconsin families about the importance of preparing for future health needs, the State Bar of Wisconsin has scheduled a series of Life Planning Hotlines to be conducted throughout the state during the next few months.

To remind Wisconsin families about the importance of preparing for future health needs, Mayor Dave Ross, Superior, and Mayor Herb Bergson, Duluth, have proclaimed Feb. 5th as "Life Planning Day."

LLCs are becoming more popular as an alternative to the irrevocable life insurance trust as a way to remove life insurance from a taxable estate. Learn how LLCs can benefit your clients.

On April 17, 2002, the IRS released final regulations that change the minimum distribution rules pertaining to individual retirement accounts and qualified retirement plans. The final regulations retain and clarify last year's proposed regulations that made sweeping changes.

A conservation easement preserves open spaces and other environmentally significant resources while providing income, property, and estate tax savings to the landowner.

Provisions of a federal law enacted in late 1999 under the "Gramm-Leach-Bliley Act" became effective on July 1, 2001.

In Blumer v. Department of Health and Family Services, the Court of Appeals rejected the "income first" rule for calculating the Community Spouse Resource Allowance (CSRA) in Medical Assistance cases.