Blog

Whoever holds the original has 30 days from the date of learning of the death to file it with the probate register. This duty applies even if the family has decided that an estate does not need to be opened. Wis. Stat. § 856.05 makes anyone who ignores this liable to every person affected by… Read more

You cannot sign a power of attorney for your mother. Wisconsin requires her to understand what she is giving up when she signs. Once she has forgotten that point, the window of opportunity closes, and all that remains is a petition for guardianship in Waukesha County Court. Collins Law Firm sees this gap more often… Read more

A single-member LLC in Wisconsin dissolves 90 days after the death of the member, unless someone with authority accepts a new member before the deadline. The clock doesn’t wait for the family to find an operating agreement, it doesn’t pause for grief, a funeral or the four weeks it takes to open a probate file…. Read more

A stepchild who is raised from kindergarten to college inherits nothing under Wisconsin’s inheritance law. Not a reduced share, not even a last resort share after every other relative has been eliminated. The state school fund takes precedence over that child, and most blended families are unaware of this. Wisconsin Lists Its Heirs, and Stepchildren… Read more

Being left out of a will or being left with less than expected is not, in itself, a reason to challenge it. Wisconsin courts reject claims based on disappointment. To succeed, you need two things that the law actually recognizes: the right to object and a legal basis for invalidating the will. If you miss… Read more

If someone close to you dies with $50,000 or less in assets, you may not need to go through probate. Wisconsin allows you to collect and transfer these assets with a form called a “Transfer by Affidavit”. The rules are in Wis. Stat. § 867.03 and, if used correctly, this process can save your family… Read more

The deed controls the outcome, not the will. This is a fact that many Wisconsin families discover too late, after a loved one has passed away and the question of who owns the house has no clear answer. How property is titled determines what happens to it at death, often regardless of any estate plan…. Read more

A revocable living trust allows you to transfer legal ownership of your assets to a trust that you control completely – while you are alive, while you have the capacity, and even after circumstances change. Under Wisconsin’s Trust Code (Chapter 701), this structure is the most flexible tool in a standard estate plan. Most families… Read more

It is one of the most common and misunderstood questions in estate planning: Will my family inherit my debt? The short answer is that your loved ones usually do not become personally responsible for debts you leave behind. However, the longer answer is more complicated, and in Wisconsin, specific rules about how creditors are paid… Read more