Does a will keep my beneficiaries out of probate?
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A will does not keep beneficiaries out of court. ​Actually, the way that the document is designed is the opposite of that. A will only deals with core assets. It functionally serves as a set of instructions to the probate courts about what should happen to assets that are already going through there. It does not deal with anything outside of the court process. 

​If you have an account that has a beneficiary designation that says it goes to one place and a will that says goes somewhere else, the beneficiary designation wins and it's going to go where that says. It doesn't matter what the will says if it doesn't go through the probate courts. ​So no, will absolutely does not keep you out of court.

If you would like to know more about the topic, just reach out for a Free Consultation. We can help.
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This video is for informative purposes only. It is not intended as legal advice. Small details can have big consequences. Want to know more about Estate Planning, schedule a free consultation with us.

The Cost of Doing an Estate Plan
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Estate planning is not only about the distribution of your assets after your death. It is also about protecting your wishes in the event that you are living but unable to make decisions on your own. 

There's a variety of different costs that an estate plan can end up being, but keep reading to learn exactly what to expect. To start, it doesn't cost anything. At Block Legal we do all of our initial consults free of charge. And generally speaking, an estate plan is a strategy. So, what does it cost to have a strategy? It doesn't cost anything. We only charge for the actual legal work that we do and the legal documents that we produce for you. Sometimes we get through the end of our first meeting and decide there are no documents needed at this time.

​One of the considerations that goes into our advice is what is your budget. And if your budget is modest, we can figure out what's the biggest bang for the buck for that. How can we help the most for that budget? If your needs are more expansive, then we have got more options that are available. But the bottom line is to have a meeting to discuss your options and to help put together a strategy. There's no charge for us for that.

Block Legal Services has the expertise you need for a holistic approach to estate planning, including creating trusts, wills, and POAs, and representing clients in probate and estate administration. Schedule an initial consultation today to see how we can help.

This video is for informative purposes only. It is not intended as legal advice. Small details can have big consequences. Want to know more about Estate Planning, schedule a free consultation with us.

What does a Personal Representative do?
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A personal representative is in charge of handling all the affairs of the estate. What that means is they gather all the assets, figure out what debts there are, make sure that the debts are paid off, Then, from there, they have other requirements on what they're allowed to do and what they're not allowed to do.

A personal representative does not decide who gets to inherit from the estate. If someone has a will that says 50% goes to each of my kids, the personal representative doesn't get to change that. They do, however, get to decide what makes up that 50%. So if half the estate is in cash and half is in real estate, they can decide what to do with that. Does the house get sold and the cash divided? Does the house get given to one or both of the beneficiaries?

​There are some decisions that the personal representative gets to make, but they have a responsibility to the estate and to the beneficiaries of the estate to act in a proper way and to look out for the best interests of the beneficiaries. So they're bound by what's called a fiduciary duty to look out for the best interests of the beneficiaries.

​If you would like to know more about the topic, just reach out for a Free Consultation. We can help.

​This video is for informative purposes only. It is not intended as legal advice. Small details can have big consequences. Want to know more about Estate Planning, schedule a free consultation with us.

Can you do a homemade will?
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This video is for informative purposes only. It is not intended as legal advice. Small details can have big consequences. Want to know more about Estate Planning, schedule a free consultation with us.

Legally, yes, you can do a homemade will, but it should come with some caution. It's kind of like any other do-it-yourself project. You need to make sure that you've got the information that you need or you're not going to get the results that you want. There's a couple of pieces to that.

The first is just getting the document right. Sometimes we see people who come in with documents that aren't valid for one reason or another. They've got witnesses who are not allowed to be witnesses, or they have no witnesses at all. Sometimes they're missing a piece of it. That's called the self-proving affidavit. That really helps with the court process.

​Sometimes the will itself has language that doesn't make sense when you put it under a legal microscope that a court might say, "Hey, this is ambiguous", and we have to go through a whole other process to determine what was actually intended.

A bigger part, though, for me is a lot of times people will do a will thinking that it's going to help them in a way that's not. A will is always going to require going through court. And I've had lots of people who say, "Oh, my mom had a will done. We don't have to go to court now". And that's just not the case. So if you're going to do your own will, not only do you need to understand exactly how structurally to put the document together and what is legally required for it to be a binding document, but you also have to understand how it works in the machinery of the law and what it's going to actually accomplish for you.

If you would like to know more about the topic, just reach out for a Free Consultation. We can help.

​Administering the estate of a deceased family member is complex in itself. When an estate is left with only a will or intestate (without a will), it enters probate, making the process even more complex. Wisconsin probate law requires all next of kin to be notified, including all of the family members the deceased may not have wanted to receive an inheritance.
 
It is important to understand when it comes to estate planning and probate, Wisconsin will always favor one thing— blood lines. All next of kin are allowed to contest a will that has entered probate if they choose.
 
Families often don’t understand who is next of kin. Following is the process Wisconsin courts will go through to identify the rightful heirs.
 
The Table of Consanguinity
First things first: If a decedent has a spouse and no children, but has not drafted a will, the entire estate goes to the spouse. When no spouse is present, it starts to get interesting.
 
Consanguinity refers to the degrees of relationship within a family. In Wisconsin, state law references the following Table of Consanguinity when discussing intestate succession:

To interpret this table, start with “Person Deceased” in the top left. The remaining labeled boxes map out each individual’s relationship to the deceased by title and degree of distance. An inheritance flows, starting in the left column, to the decedent’s children and descendants.
 
If the deceased has no living children, grandchildren, or great grandchildren – direct bloodlines – probate courts jump to column 2 and work down the line of the deceased’s parents. An important term to understand in consanguinity is “per stirpes.” This means that, in a case in which a would-be beneficiary is deceased but has children or grandchildren, the would-be beneficiary’s portion of the estate is then split between their living heirs.
 
In Wisconsin, the court will only go so far as to notify any living descendants of the grandparents of the deceased when searching for next of kin. At that point, if no beneficiary is found, the state then stops looking and “escheats” the assets by releasing them to a state fund.
 
A Seamless, Holistic Approach
As you can see, probate can get complicated – and ugly – when a person’s estate is not protected, and inheritance is up for debate. To make matters more complex, the only assets that enter probate are those that are owned individually by the deceased and do not have a beneficiary associated with them – such as real estate, vehicle titles, and bank accounts. All other assets – artwork, digital files, personal belongings, etc. – would still need to be administered by an executor outside of court.
 
Estate plans provide protections for you and your loved ones during your lifetime and after death. They ensure estates are handled according to your wishes – without the involvement of probate courts. Block Legal Services works with you to understand your unique circumstances, family, assets, and goals. We educate you about the pros and cons of each estate structure and together craft a plan that makes sense of your situation. 

Do you want to rest easy knowing that your affairs have been taken care of?
Schedule a free consultation today. 
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Can you have an estate plan as an unmarried couple?
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This video is for informative purposes only. It is not intended as legal advice. Small details can have big consequences. Want to know more about Estate Planning, schedule a free consultation with us.

If you want to learn more about this check our short article here.
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If you are in a committed relationship and you are not married, it is actually very important to have done some thinking about an estate plan.
​One of the reasons for this is because under state law, if you are married, there are some protections that you have as a spouse that people will transfer to you automatically. As a spouse you have some legal rights about things such as medical information. If you are not a married couple, then under the law you are a stranger.

With an estate plan you can establish that this person that you are with has some legal rights not only to receive property if you pass away, but also to make decisions for you if you are in the hospital and to have access to information. There are times where we have created an estate plan that functionally mimics all of the legal protections that a married couple has without requiring that they go through the legal process of being married.
Not only is it perfectly possible to do estate planning as an unmarried couple, it is really a good idea to do.

​If you would like to know more about the topic, just reach out for a Free Consultation. We can help.

Watch our video and get your question answered in less than a minute!
This video is for informative purposes only. It is not intended as legal advice. Small details can have big consequences. Contact an attorney for more information. Book a Free Consultation here.

You're wondering if a will is enough for you? Generally speaking our advice to clients is that no, a will is not enough. 
A will is not going to accomplish what you want it to accomplish. A will is a set of instructions to a court about things that are going to go through the court process. They are really easy techniques that you can use to stay out of court.

Going to court is time consuming and bothersome, however doable. It is not the worst thing that can happen, but we can avoid it and if we can, why wouldn't we? If you are going to rely on just a will, then you have to be prepared to go through court. A lot of times, people who are relying just on a will have actually done other things like beneficiary designations or joint ownership that take things out of court already. It's already not going to be dealt with when dealing with the will. Generally speaking, if you think that having just a will by itself is a complete strategy, usually it's not.

Learn more about Wills here, or book a Free Consultation today.

Watch our video and get your question answered in less than a minute!

A will is a piece of an estate plan and an estate plan is an overall strategy whereas a will is a portion of that strategy. Generally speaking, when you do an estate plan you want to have a comprehensive idea that's going to deal with all of your assets, not only after you pass away but also while you're alive.

​A will only comes into effect after you're gone, and it only deals with some assets that haven't already been figured out.  If you've got a bank account that has a beneficiary designation, a will is never going to touch that.
Also, if you go into the hospital and you have a coma or another medical situation, the will does not go into effect yet. An estate plan deals with more holistic, comprehensive planning than a will does. 

This video is for informative purposes only. It is not intended as legal advice. Small details can have big consequences. Contact an attorney for more information. Book a Free Consultation here.

​Wisconsin Intestate Succession statutes state that when someone dies without a will, the deceased spouse or legal domestic partner is considered next of kin. After that, children receive priority as the next of kin to inherit the estate. If there is no spouse, or no children, the estate goes to the deceased’s parents, then siblings. However, Intestate Succession only follows bloodlines and legal relationships. If you want someone who isn’t legally related to you to inherit something, you’ll need to set it up.
 
According to the U.S. Census, in 2019, the number of unmarried partners living together in the U.S. had nearly tripled in two decades from 6 million to 17 million, representing 7% of the total adult population. If couples are not married and are not legal domestic partners (requires signing and filing a declaration of domestic partnership with the county registrar of deeds), they need to cover their bases if they want their partner to inherit their estate if they die.
 
The following checklist can help individuals and couples to start thinking about their estate, which includes financial assets, real estate assets, and all belongings. No matter how much or little people think their estate is worth, these steps will ensure a loved one is not left out of the picture if their partner were to pass.
 
The Basics: Beneficiary Status and Rights of Survivorship
A formal estate plan (that is, a pile of paperwork from a lawyer) is not needed to securely designate the beneficiary of financial assets. Individuals can add their partner’s name to financial assets including bank accounts, retirement accounts, investment accounts, annuities, and insurance plans.
 
Rights of survivorship means that if an asset is jointly owned, all ownership and/or funds pass directly to the surviving owner in the event of death. For real estate properties, make sure both names are on the deed with rights of survivorship. Double check all joint checking/savings accounts, credit cards, and any other asset where both names are listed have rights of survivorship.
 
It is important to note that many unmarried couples choose to keep their bank accounts and real estate investments separate. It is also important to understand that beneficiary status and rights of survivorship don’t cover belongings or the event that the couple perishes at the same time. This is where the comprehensive estate planning strategy comes into play.
 
The Strategy: Estate Planning for Life and Death
While the law only looks at bloodlines and legal partnerships in the absence of a will, any group of people can create an estate plan together. Many unmarried couples plan their estate together, so everything transfers over to the surviving partner automatically. If there are shared assets and dependents involved in the relationship (including pets), it is even more reason to make sure a couple’s living and non-living wishes are clearly stated.
 
An estate plan is a strategy, often including a collection of legal documents, that, if done correctly, lets individuals decide where their property goes and allows loved ones to avoid probate after they pass on. An estate plan typically includes:
 
 
1.Will – A legal document that gives instruction to the probate courts about your wishes regarding the care and distribution of your assets after your death. A will cannot reach out and grab things, it can only direct property that is already going through the courts.
 
2.Powers of Attorney – The medical and financial power of attorney documents inside of an estate plan ensures the person put in charge is able to make decisions should the individual become incapable of doing so. 
 
3.Trusts – A crucial and diverse aspect of estate planning, trusts will protect an individual’s or couple’s legacy and ensure privacy and control of their wealth. The most frequent type of trust that is involved with estate planning and estate administration is a Revocable Trust (sometimes called a living trust or an inter vivos trust).
 
4.Advanced Directives – A legal document that tells doctors and loved ones an individual’s wishes about their health in the case they cannot communicate those decisions themselves.
 
 
Unmarried couples need to cover their bases when it comes to their estate so that their assets – and the future security of their loved one – are protected from probate, avoidable taxes, and legal contests from would-be heirs. Start today with a free consultation.

When a loved one dies, there are prescribed windows for when a will enters and exits probate. Wisconsin courts want a probate case to be opened and closed within 12-18 months. When a person plans to contest a will, they only have 30 days to do so after the probate petition is filed.
 
If you are concerned about the way a will is going to be executed, you need to speak up fast before your window expires. First, you should confirm that you are a named beneficiary in the current or a previous version of the will or have a family relationship that would have entitled you to an inheritance. This means you have a legal right to petition. Depending on the situation, challenging the way the estate is administered – instead of contesting the will itself – may be more effective. Here’s why.
 
Will Contests are a Strange Beast
To contest a will, you need to act quickly and have solid evidence that the will documents are not valid. As a beneficiary, you will receive a notification from the court when the probate case is going to be opened. This is the absolute best time to voice an objection because no one has been given any authority yet.
 
A case can be opened either by getting a signature from all of the people involved, or by having a hearing. If you are unsure, do NOT sign anything. Without your signature, a hearing will be required. At the first hearing for the probate case, a judge or commissioner will ask if anyone is objecting to the case being opened. If there is an objection, they schedule a hearing to learn more about it. Do NOT miss this court date just because you haven’t talked with a lawyer yet. Between the first hearing and the second, you will have time to hire an attorney, have conversations with other beneficiaries, review all of the estate documents, and gather your evidence.
 
There are three premises on which a will could be invalid: the deceased lacked mental capacity when the will was signed, the deceased was subject to undue influence, or fraud was involved. If your reasons to contest the will do not fall into one of these premises, if you do not have proof, or if you missed the window to object, Block Legal Services recommends changing your focus to challenging the administration of the estate. Once probate begins, there are two opportunities to challenge if you don’t feel the wishes of the deceased are being fulfilled.
 
Challenge Opportunity No. 1: The court-appointed person should not be in charge
If there is a will, it nominates the executor or personal representative (PR) of the estate.  The law heavily favors the appointment of a PR that was named in a valid will. The only way to prevent their appoint would be to show the court that they are legally, mentally, or physically incapable of doing the job of personal representative, which involves settling claims against the estate and distributing the assets.
 
If there is no will, the situation is very different. You can file paperwork to nominate yourself as the PR. At that point, anyone who disagrees would have to show the court why you would be unable to do the job. If multiple people have filed for who gets to be PR, the court will have to decide who would be the best choice.
Once someone is appointed by the court to be the PR, it becomes much more difficult to challenge them. If you would like to request that the PR be replaced, you will need to provide a legitimate reason why. The standard for removing a Personal Representative can be tough – you will need to prove the PR is neglecting their duty, guilty of fraud or misconduct, or is incompetent.
 
If the PR does something you don’t agree with during the probate process – let’s say they sell your loved one’s house to their best friend for $1 – it might not be enough to get them removed immediately! Ultimately, they are responsible for making the beneficiaries whole. If you don’t see this occurring, you will have the opportunity to object at the very end of the whole process.
 
Challenge Opportunity No. 2: Challenge the accounting itself
You can position yourself as a watchdog throughout the estate settlement and asset distribution process with the goal of bringing any objections in front of the court when the final accounting is presented. At this time, you don’t have to challenge whether a will was valid in the first place. You can directly challenge the way a will was administered in order to ensure you and the other beneficiaries received what they were supposed to receive.
 
The final accounting is the closing out of the estate, where the PR presents a list of what happened to each asset – including receipts. This is the best bet for most beneficiaries looking to challenge a will. You can share concerns you had along the way, flag suspicious accounting, provide a list of tasks you felt were completed incorrectly – with the goal of all beneficiaries walking away whole.
 
The law has tunnel vision when it comes to probate – they want each case to open, settle, and close efficiently – and rightfully so. Courts assume everything is correct in a will unless someone can bring evidence that shows a reason to believe it is not correct. The best thing to do for your own estate is to arm yourself early, raise concerns as soon as you have them, and object as quickly as you can. It is much easier to drop an objection that turns out to be unfounded than to raise one too late.
 
Prevent Future Concerns Around Your Estate
All that is needed to sign a will is a list of heirs, assets, and where you want those assets to go. You can avoid concern and uncertainty by your beneficiaries after you pass with an estate plan. A strong estate plan can do so much more than simply direct how your assets are handed down. It can offer a variety of protections during your lifetime, not only for your assets, but for you and your family – all while remaining private. This includes wills, trusts, power of attorney, avoiding probate or protecting from probate litigation, and prenuptial and postnuptial agreements.
 
This article was written with the assumption that there is a will in place and that the loved one is deceased. If your loved one is still alive and you feel uncomfortable with the way their estate is being handled, please visit the National Center on Elder Abuse to connect with state resources that can help you take action.