State Bar/Section Blogs

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.

No private easement is permanent in Wisconsin, says Jessica Shrestha, even "perpetual" ones. Learn about helping your client's easement issues via Wis. Stat. section 893.33.

In addition to federal inflation-adjusted numbers for the coming year, we also have a state number to look for. Philip J. Miller and David Fenlon discuss how to use the current numbers to determine the amount in relation to terminating an uneconomic trust under Wis. Stat. chapter 701.

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.

Purchasers of property adjacent to large-scale agricultural operations often find themselves in conflict with their neighbors. Under Wisconsin law, the property owner’s recourse for perceived nuisances is extremely limited, says Steve Frassetto, who discusses the livestock facility siting law and its impact on local governments and property owners.

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.

For individual taxpayers, the Tax Cut and Jobs Act made substantial changes to deductions. Bradley Kalscheur discusses ways to handle charitable contributions in light of these changes.

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 2017 Wisconsin Act 67, the Legislature recently enacted new statutory standards regarding conditional use permits. Mary Beth Peranteau outlines these standards and the resulting burden of proof in conditional use permit proceedings.

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.

A recent ruling on an appeals case is a reminder of the importance of complying with Wisconsin's Homestead Law. Brad L.F. Hoeschen, Cheri Hipenbecker, and Duane H. Wunsch discuss the case, and its implications: a reminder to check the marital status of mortgage borrowers.

On July 1, 2017, the longstanding Deadman’s Statute was repealed – but still may apply to certain pending cases. Jeff Goldman discusses the statute’s background, what it was, and why it may be only “mostly” dead.

Interest in gun trusts is on the rise. Philip Miller describes the origin of gun trusts in the National Firearms Act, addresses recent and pending legislation that may impact the usefulness of traditional gun trusts, and highlights the many reasons why a a firearm owner may still consider holding firearms in trust.

Condominium ownership – owning a cubicle of air floating above the earth – is a peculiar creature of statutory law. William Pharis Horton talks about the state of condominium laws in Wisconsin and the need for updates. “For it to be of most effective use, the laws under which it exists must be kept current and relevant,” he writes.

On April 26, 2017, President Donald Trump released the 2017 Tax Reform for Economic Growth and American Jobs plan. While brevity is the soul of wit, in tax reform, the devil is always in the details. Bradley Kalscheur compares the president’s proposal with a June 2016 House Republican proposal.

A recent unpublished Court of Appeals case involved a dismissal of a citation for feeding and baiting deer on grounds that it is illegal only when done for hunting. “The Wisconsin DNR takes the position that it is illegal in all chronic wasting disease-affected areas," writes John Priebe.

Incentive trusts are not easy to draft, says Terry Campbell. But done correctly, an incentive trust establishs safeguards so that wealth will enhance and not hinder the life of the beneficiary.

The Real Property, Probate and Trust Law Section is establishing a new blog to provide members with valuable and timely information on issues important to members of this section.