When someone passes away in Wisconsin or elsewhere, that person’s estate typically must be distributed through a process called probate. You will likely want assistance throughout the probate process from an experienced probate attorney.
Our estate planning attorneys have over 70 years of collective commitment to protecting your intentions and your beneficiaries. We process an uncontested probate proceeding efficiently, effectively, and respectfully. When the executor or personal representative oversteps his or her authority, we aggressively litigate probate issues.
Probate is the court-supervised process of transferring the property of an estate that does not pass to your beneficiaries through the designations of your Will or by state law in the absence of a Will.
When drafting your Will, our probate lawyers advise you on how to avoid the time and costs, or speed up the process associated with the probate of your estate. Some examples of expediting the probate process include:
- Having a clearly written and legally valid Will
- Joint ownership of property
- Revocable Trusts
- Bank accounts “payable on death”
Your Personal Representative and the Probate Process
Most probate cases are uncontested. In probating your estate, your Personal Representative (executor or executrix), is responsible for administration of the following:
- Collecting all probate property
- Paying all debts, claims, and taxes owed
- Collecting all rights to income, dividends, etc
- Settling any disputes
- Distributing or transferring remaining property to heirs
There are times when a contested will, trust, or guardianship can result in strained or ruined relationships between family members. The estate planning attorneys of our law firm are sensitive to family dynamics. Our attorneys work together amongst our practices areas help to protect your estate planning intentions with the least amount of contention in issues such as:
- Will contest
- Breach of Fiduciary Duty
- Beneficiary rights
- Probate fraud
- Abuse of Power of Attorney
- Trust contest
- Elective share of spouse or non-martial children
- Joint bank account disputes
- Pay on death disputes
No matter the size of your estate, probate is an integral part of ensuring the protection of your loved ones and your legacy.