Managing a loved one’s estate can be overwhelming, especially when you’re grieving. Whether you are navigating Wisconsin’s probate court system or administering a trust, our experienced probate and estate administration attorneys here at Dempsey Law can guide you every step of the way.
Our experienced Wisconsin probate attorneys know the state requirements inside and out. We ensure that the process will be completed as efficiently, practically, and economically as possible. We will assist you by preparing all necessary court documents and all required tax returns. We also help you protect assets by enlisting established financial advisors and banks to serve as fiduciaries in the probate process or with investing an inheritance as needed.
When your loved one passes away, there’s a lot that needs to happen in a legal sense. We offer legal support through every stage of the court-supervised process, allowing you to grieve as needed. Our probate administration services include filing and validating wills, appointing an executor, notifying heirs, supervising the estate distribution, and more.
If your loved one set up a trust as part of their estate planning, we can provide ongoing guidance for families and trustees without court involvement. We can advise the successor on legal duties and responsibilities, oversee the transfer of assets, and help with understanding complex trust documents. Our goal is always to ensure your loved one’s wishes are honored and their legacy remains intact.
Unfortunately, settling an estate isn’t always a simple and straightforward process. When disputes or legal disagreements pop up, our team can help. From guardianships and trust modifications to beneficiary disputes and breach of fiduciary duty claims, we help Wisconsin families reach an acceptable resolution.
Probate is the legal process of settling a deceased loved one’s estate. Here in Wisconsin, probate is generally required if your loved one had more than $50,000 in solely owned assets that don’t pass automatically due to joint ownership or beneficiary designations.
There are two common types of probate — informal and formal probate. Informal probate is handled by a registrar without needing a judge and is generally cheaper and faster. It’s used when there are no major disputes or challenges. Formal probate involves a judge and becomes necessary when there are disputes among beneficiaries or the will is challenged.
Most probate cases take 6 months to 1 year here in Wisconsin. However, more complex estates can take longer. Disputes and other complications can also lengthen the process. Our experienced Wisconsin probate attorneys will help keep the legal process as quick and efficient as possible.
Sometimes! Tools like living trusts, transfer-on-death (TOD) deeds, and designated beneficiaries on important accounts can help avoid your estate going to probate or simplify the process.
Trust administration is managing and distributing assets held in a trust after your loved one’s death. Unlike probate, it usually does not involve the court. It is a more private and faster option when available.
No. However, working with a Wisconsin trust attorney helps ensure you comply with state laws and minimizes risk. Many trustees don’t fully understand the process or their fiduciary obligations, which can result in ongoing issues and costs.
If someone dies without a will in Wisconsin, succession laws determine who inherits their property. Assets typically go to spouses, children, or other close relatives, but it can be a complex and challenging process.
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