What do I Need for an Initial Meeting with an Estate Planning Lawyer?
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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.

Bottom line is you don't need anything. Part of what an estate planning attorney helps with is the whole decision-making process. We are part of the process of figuring out what you want to do with your estate and how to do it. I have sometimes had people say, "oh, I don't have everything put together yet. I'm not ready to come see an attorney". That's great. That's what we're here for.

We are here to help you get everything put together. Not just functionally, your documents, but also conceptually. If you say, well, we don't know who we want to leave things to, we can help figure that out. We can help talk through what are some of the things that you need to think about.

• What are the different roles that are going to be involved?
  
• Who's going to need to do what?
  
• And what does that entail?

We are part of the planning process. So, when I have clients ask me, what do I need to bring to the initial consultation? The answer is just bring yourselves and your questions.

If you would like to start a conversation about this, just reach out for a Free Consultation. We can help.

Why is it Important for Parents of Young Children to Have an Estate Plan?
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This video is for informative purposes only. It is not intended as legal advice. Small details can have big consequences. If you want to know more about Estate Planning, schedule a free consultation with us.

So why is it important for parents to have an Estate Plan? Young children present an issue that doesn't exist with other types of estate transfers. If you have got young kids, you need someone to take care of them. And if you don't put something into place that names the guardian, then there's going to have to be a court process to determine who should be that guardian. This can be a contested process. If there's more than one person who thinks that they should be in charge, then there can be a court fight about who's best fit to do it.

​If you can name that person ahead of time, which, you can, that eliminates that potential fight. It keeps them not only out of a costly court battle, but it keeps that bad blood from coming up and a conflict that can last the rest of your kids lives. Apart from that, from a purely financial perspective, figuring out who is going to be in charge of assets that you might leave to your kids and structuring that in a way that's not going to be cumbersome for the people that you left behind is going to help them stay out of the court process. It's going to keep them from having to report to the courts on an annual basis about what they've done, and it can really help with the quality of life for the people that you've left in charge when they're dealing with the lives of your children.

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

What is the difference between a trust and a 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.

So what is the real difference between a trust and a will? Both legal documents that can be used to transfer assets, but the methods that they use and the court involvement that's required is very different. A will is a set of instructions to the probate court. So, it's only ever going to be involved when an estate is already going through the probate process.

​A trust is set up to be entirely out of court and it can function in a very similar way where you say in a trust who you want things to go to, under what conditions, who's going to be in charge of things, who's involved in administering everything. A trust has some advantages in that it stays out of the court process, and it's got a lot more flexibility - you can have the trust go for a longer period of time - while a will only governs for a short period of time after you've passed away.
Also, once all the assets are handed out, a trust can last for the entirety of, for example, a child's childhood and can last as long as it needs to stay open. So, they can be similar and function, but they get there in very different ways.

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.

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.
 
For good reason, financial advisors and doctors are only required to answer to you – their client and patient. If you become incapacitated, they continue down the path they deem necessary to manage your assets or to save your life. It doesn’t matter if you experience an emergency or are preparing for long-term care. Advisors and doctors will not trust anyone who steps in on your behalf unless you have previously granted them power of attorney (POA).
 
Power of Attorney: The Basics
Power of attorney is a legal document in which you, the principal or grantor, define an agent to act on your behalf in medical and/or financial situations if you are not capable of making the decisions yourself. A power of attorney can cover two areas: your finances and your healthcare.
 
A POA for finances can step in financially as you – they have access to manage your bank accounts, pay your bills, and have the power to take steps to protect your assets if you enter a long-term care facility.
 
A POA for healthcare can make decisions on your behalf related to life-saving treatment options only if you are incapacitated. As long as you can make your own healthcare decisions, you are required to. An agent designated as your healthcare POA has been informed of your wishes in the case that you are incapacitated and ensures those decisions are made on your behalf.
 
Immediate vs. Springing Financial POA
When designating an agent as your power of attorney, you can decide if you want the POA to take effect immediately upon the document completion, or if the POA will only spring into action in the event that you are incapacitated. This is an important distinction, especially if your agent is not immediate family.
 
In most cases, a spouse will have immediate POA because they are up to speed on your finances and may already have access to your accounts. An immediate POA allows the agent to act as you even when you are still capable of handling your own finances. This can be particularly convenient in cases of dementia, where there may be times when you can make decisions on your own and times you cannot, and you are not yet considered legally incapacitated. Or if you are entering a senior living facility and would like your child to help with financial management moving forward.
 
A springing POA takes effect after a requirement of proof of incapacitation is fulfilled. This type of POA is ideal for an agent who you do not want to manage your finances unless you are unable to make decisions for yourself. A springing POA is also recommended as a back-up plan in the case your spouse and/or immediate POA is unable to step in.
 
Getting the Timing Right with a POA
It is important to note that you can only make arrangements for powers of attorney when you are in good health and of sound mind. And, POAs are to protect you only while you are living. They cease after your death, so the agent will have no legal authority to execute your estate.
 
POA as Part of a Holistic Estate Plan
Power of attorney is one critical piece in a holistic estate plan that protects your assets, and most importantly, your wishes, while you are living and after you have gone. A holistic estate plan is also crucial to make any transition seamless for your loved ones as they step in to handle your affairs.
 
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.
 

​No parent wants to think about the possibility that they won’t be around to watch their children grow up. But thinking about it – and planning in the case of it – is actually what will do the most good to care for the next generation throughout their lifetime.
 
When the parents of minor children are deceased, two critical factors lie in the balance – who will be their guardians and what happens to their inheritance.
 
The big impetus for naming a guardian is that when parents don’t, the families will be left fighting about who should be in charge. Even if in-laws get along wonderfully now, if there is a situation where both spouse’s parents think they are the best fit, it can become tense. Throw in additional factors like families living in multiple states, and guardianship disagreements escalate into ugly situations.
 
Inheritance can be an equally touchy subject if a plan is not set up ahead of time. It is important to note that many people underestimate their net worth. Two average life insurance plans, two 401(K) retirement plans, and one modest family home can easily add up to an inheritance of $1 million. With no plan in place, the inheritance will enter a custodial account and the day each child turns 21, their full portion of the funds will be released. I don’t know about you, but if I was given $500,000 at age 21…it probably wouldn’t have lasted very long.
 
When you as parents take time to make your own plan, you get to set the parameters for guardianship and inheritance, ensuring your wishes are honored if the unthinkable occurs. A comprehensive estate plan consists of legal documents including a will and a trust. Where a will provides direction on how you would like your assets handed down and assigns guardianship to minors, a trust protects your legacy, privacy, and retains control over your wealth.
 
Following are some common parameters parents include in estate plans that would be difficult to protect otherwise: 
 
Guardianship Intentions
While you can’t control most aspects of how your children will be cared for by their guardians, you can use your trust to set your intentions. For example, setting money aside for musical instruments, sports expenses, summer camps, or college education. Or, while the guardian will have access to the trust to cover payments related to the health and wellness of your children, you may want to leave them money as a gift to use for themselves. If pets are part of your household now, you may want to set up a way for them to stay with the children under the guardian’s care, if possible. Consider your dreams for your family now, and how you may still be able to make them happen through the way your estate is managed in your absence.
 
Delayed Distribution
You can establish a trust with money available to use at the trustee’s discretion until the beneficiaries are at an age or maturity to control the purse strings. This allows them to comfortably make payments on items like housing, clothing, education, and vacations, but prohibits payments for business investments or delaying employment. A delayed distribution could look like this: one-third of the funds are released at 25 years old; half are distributed at 30; and then the remaining funds are released at 35. This scenario allows for the freedom to enjoy some of the inheritance but also the ability for children to complete their education, gain job skills, and build work ethic. It also makes sure there is money still available when the children are older, more mature, and may have long-term priorities your legacy could contribute to.
 
Added Protections
There are no rights to an inheritance. Next of kin and probate law are only enforced when there are no other plans in place by the deceased. So, if you have protections that you want enforced so a guardian does not have full access to assets, you have philanthropic goals after the children turn 18, or there are specifics around making sure your family is cared for and the money used wisely, a trust is the ideal place for the proceeds.
 
Putting an estate plan together is easier than most people think. Schedule a free consultation with Block Legal Services to learn more about the time and investment required. We are available for short, no-cost phone calls to see how we can help, or, for a risk-free one-hour meeting if you are ready to get started.
 

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. 
​

Who is an estate plan for?
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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.

​This is a really interesting question because an attorney is trying to figure out not only who the client is, but who they are trying to benefit and how they can benefit them. The reality of an estate plan is that the most benefit that an attorney can provide is not to the person who is sitting in the office, it is to their loved ones and other family members.
The estate plan really is helping those people along the way.
Having an estate plan in place can make the process easier and reduce conflict. That is just one piece of it, that it really helps the people that you leave behind.

As a client, you are not going to get to see how your estate plan plays out because you are not going to be around anymore. However, you can have that sigh of relief knowing that you have done everything you can and that you are leaving everything in the best shape that you possibly can.

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

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.
​
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. Want to know more about Estate Planning, schedule a free consultation with us.

In our opinion, everyone can benefit from an estate plan. That does not mean that you need to hire a lawyer to put documents into place, because an estate plan is more of a strategy. As long as you have a coherent thought out strategy on what would happen if something happens to you, then you have got a plan. Maybe this includes legal documents or maybe involves just having beneficiary designations, but everyone should at least have spent some time thinking about this.
There are some people where this is more important for them. If you have children that are minors, then it is important to figure out who should take care of them when you are gone. One of the worst case scenarios would be if something happened to you and having your remaining family fight over who is going to take care of your small children. That can create bad blood and tensions that you can avoid if you make proper plans for it during your lifetime.
The other piece of it is if something happens to you and you are in a hospital and someone needs to make medical decisions for you, if you have planned for that ahead of time and have the right documents in place, then that is a fight that does not have to happen and can help people step in when they would need to without unnecessary complications. 

​Contact an attorney for more information. Book a Free Consultation here.