Estate Administration Services in Wauwatosa, Pewaukee, Shorewood and Milwaukee
Losing a loved one is never an easy experience. In the midst of grief and emotional turmoil, the legal obligations of managing a deceased person’s estate can seem overwhelming. At Collins Law Firm, we understand the challenges that come with navigating the complex legal process after a death, particularly in southeastern Wisconsin, including Wauwatosa, Pewaukee, Shorewood, and Milwaukee, and other surrounding communities. We provide compassionate and knowledgeable estate administration services to help families navigate probate, trust administration, and other legal matters that arise following a death.
Whether your loved one has left a detailed will or has passed away without one, our experienced lawyers are here to help ensure that the process is carried out efficiently, legally, and with consideration for your family’s needs.
Understanding Estate Administration
Estate administration is the process of managing a deceased person’s assets and distributing them after their death. This involves paying debts, filing taxes, transferring property, and distributing any remaining assets to the heirs or beneficiaries of the deceased. The complexity of this process largely depends on whether the person had an estate plan in place and what type of plan it was.
At Collins Law Firm, we assist executors, trustees and family members throughout every stage of the estate administration process with clarity and confidence. Our aim is to minimize stress, prevent costly errors and respect the wishes of the deceased.
Probate Administration: When Court Oversight Is Required
In many cases, an estate needs to go through probate – a court-supervised process that verifies the will (if there is one), appoints a personal representative (executor), pays debts, and distributes assets according to the will or state laws.
Under Wisconsin law, certain assets do not need to go through probate when the owner dies. These assets include:
- Property held in joint ownership with rights of survivorship
- Assets held in a trust, either revocable or irrevocable
- Accounts with “payable on death” (POD) or “transfer on death” (TOD) instructions
- Life insurance policies and retirement accounts with a named beneficiary
These assets can be transferred directly to the beneficiary without going through the court system. It is important to note that not all assets are exempt from probate in Wisconsin. Always consult with a legal professional to ensure you understand the specific laws and regulations that apply to your situation.
If there is a valid will in place, the court will usually appoint the named executor to oversee the estate. However, if there is no will, Wisconsin law determines who inherits the assets and the court may appoint an administrator, often a spouse or adult child, to manage the affairs of the deceased.
While probate provides legal oversight, it can be a time-consuming, public, and expensive process. That’s why many people work with estate planning lawyers before they die to structure their assets in a way that avoids or minimizes probate. However, when probate becomes necessary, it’s important to have an experienced lawyer to ensure the process goes smoothly and in accordance with state laws.
Collins Law Firm provides assistance to clients throughout the Milwaukee area with all aspects of probate administration. Our experienced team helps clients with:
- Filing the initial petition with the probate court
- Notifying creditors and heirs
- Inventorying and appraising estate assets
- Resolving disputes among beneficiaries
- Preparing final accountings and closing the estate
We ensure that every legal requirement is met and protect the interests of both the estate and its beneficiaries.
Trust Administration: A Smoother Path Outside of Probate
For those who have established a living trust as part of their estate planning, the administration process often eliminates the need for probate. Instead, the person named as trustee assumes responsibility for managing and distributing assets in accordance with the terms of the trust.
While trust administration is often more private and efficient than probate, it does come with its own set of complexities. Trustees have a fiduciary duty to act in the best interests of beneficiaries, manage assets prudently, file taxes and follow specific instructions outlined in trust agreements.
Common challenges in trust management include:
- Interpreting ambiguous trust terms
- Managing real estate, business interests, and investment portfolios
- Coordinating with financial institutions for asset transfers
- Addressing beneficiary concerns and disagreements
- Complying with federal and state tax requirements
Due to these responsibilities, many trustees, even well-intentioned family members, choose to work with experienced estate administration attorneys. At Collins Law Firm, we provide trusted guidance to trustees in Wauwatosa, Pewaukee, Shorewood and beyond, helping them to fulfill their duties accurately and avoid personal liability.
Why a Will Alone Isn’t Always Enough
While a last will and testament is an important part of any estate planning process, it is not a substitute for probate. In fact, a will must be submitted to a probate court in order to be legally valid. For this reason, many people who are planning ahead combine a pour-over will with a revocable living trust.
The pour-over trust acts as a safety net, ensuring that any assets not already included in the trust at the time of the person’s death are “poured over” into the trust through the probate process. This allows most of the estate to be distributed quickly and privately, without the need for court involvement.
At Collins Law Firm, we recommend this integrated approach to clients who desire maximum control, privacy, and efficiency in managing their legacy. When it comes time to administer the plan, we will be there to provide support for both family members and appointed fiduciaries.
Serving Families Across Southeastern Wisconsin
Collins Law Firm is deeply committed to the communities we serve. We are proud to offer estate administration services to residents of Wauwatosa, Pewaukee, Shorewood, Milwaukee, Whitefish Bay, Fox Point, Mequon, Cedarburg and Greendale, as well as other nearby areas. Our extensive local knowledge of county probate courts, title procedures and state laws allow us to efficiently and effectively resolve matters for our clients.
We understand that every family’s situation is unique. Some families are straightforward, while others have blended families, disputed claims, or complicated assets. Regardless of your situation, we approach every case with patience, professionalism, and personalized attention.
Complimentary Estate Planning Workshops
Let Us Help You Honor Your Loved One’s Legacy
Estate administration is not just a legal obligation. It’s a final act of caring and respecting the deceased. Whether you act as an executor, trustee, or concerned family member, you don’t have to face this responsibility alone.
Collins Law Firm is dedicated to making the process of estate administration as clear and manageable as possible during this difficult time. We provide you with decades of experience in estate planning and administration, combined with legal expertise and compassion.
Call us today at 414-207-6292 to schedule a consultation. Let us help you carry out your loved one’s wishes with integrity, efficiency, and peace of mind.
Common Estate Administration FAQs
Probate administration is a court-supervised legal process that validates a will, pays debts, and distributes assets after someone passes away. Trust administration is the private process of managing and distributing assets held in a trust, typically avoiding court involvement. While both serve to transfer assets, trusts often offer more privacy, control, and efficiency.
Probate is generally required when a person dies owning assets solely in their own name without a designated beneficiary or co-owner. Common examples include a house in one name only, individual bank accounts, or personal property. Assets held jointly, in a trust, or with payable-on-death (POD) designations typically bypass probate.
The court-appointed executor or personal representative has a fiduciary duty to manage the estate responsibly. Key tasks include locating and securing assets, notifying creditors and beneficiaries, paying valid debts and taxes, filing required court documents, and ultimately distributing the remaining assets to the rightful heirs or beneficiaries as the will or law directs.
Families often seek to avoid probate to save time, reduce costs, and maintain privacy. The probate process is public, can take several months to over a year, and involves court fees. Planning with tools like living trusts, joint ownership, or beneficiary designations can help assets transfer directly to loved ones without court oversight.
Even with a well-drafted trust, complexities arise. Seek legal counsel to ensure you fulfill all fiduciary duties, properly value assets, handle tax filings, communicate correctly with beneficiaries, and interpret any ambiguous trust terms. An attorney guides you to avoid personal liability and ensures the administration is smooth and compliant.
If a person dies without a valid will (intestate), Wisconsin state law determines how their assets are distributed, typically to the closest surviving relatives (spouse, children, etc.). The court will appoint an administrator (often a family member) to oversee the probate process. This can lead to outcomes that may not reflect the deceased’s wishes, highlighting the importance of prior planning.