Daniel B. Purtell’s Answers

Daniel B. Purtell

Madison Estate Planning Attorney.

Contributor Level 8
  1. Should my parents' will be redone?

    Answered 3 days ago.

    1. Thuong-Tri Nguyen
    2. Emily Laz
    3. Heidi L. Nagel
    4. Daniel B. Purtell
    5. Chasity Sharp Grice
    6. ···
    7 lawyer answers

    I would not recommend that you "re-do" your parents Wills. I would use a revocable living trust. The problems with Wills is that they cause probate, which is an open records process. If they don't want your other siblings to know what is in their estate planning documents, then the use of a trust is optimal. It avoids probate and also allows them to define what your siblings can and cannot see after your parents are both deceased. I will defer to a Washington attorney on the formalities of...

    4 lawyers agreed with this answer

  2. Is there any law that says you can't change beneficiary or empty bank acct if is chance you mite die from illness?

    Answered 3 days ago.

    1. Daniel B. Purtell
    1 lawyer answer

    Who told the person that they couldn't use their own money or make changes to beneficiary designations? Unless it was the Court due to incompetence or undue influence, no one has the power to stop someone from doing what they want with their own assets. Sometimes a person with brain complications can become subject to dementia or lose their capacity to make decisions...but the point here is that no one can just make that kind of determination independently without involving the Court or under...

    1 lawyer agreed with this answer

  3. Can a court appointed guardian of a trustee withdraw funds from a husband/wife family trust for medical care of the trustee?

    Answered 3 days ago.

    1. Daniel B. Purtell
    2. Edward Fossum Hooper
    3. Ruth Elaine McMahon
    4. Shelley Ann Elder
    4 lawyer answers

    I agree with Atty. Hooper. It seems to me that something about your understanding of the roles and responsibilities is confused. If the trustee needs a guardian, why are they still the trustee? Of course, if the "trustee" or that person is also the beneficiary of the trust, then the guardian (or a successor trustee) should be able to provide for them...but most important issue is what the trust says as to distributions by the trustee to the beneficiaries. You should contact an estate...

    1 lawyer agreed with this answer

  4. My parents will states that their assets be divided equally amoung their children (3); but my brother is now deceased.

    Answered almost 5 years ago.

    1. Daniel B. Purtell
    2. Keenan M. Post
    2 lawyer answers

    The answer will lie within your parent's wills. If there is a provision that states that a deceased child's share is to go to their surviving heirs, then your brother's 1/3 interest will pass to his children equally. If the wills are silent as to what happens, it is very likely that your brother's interest will be divided among you and your sibling. I would recommend that your parents update their wills to be very specific about what happens if any of their children is predeceased or if...

    1 person marked this answer as helpful

  5. Hello, I would like to know if I have a case against my sister. If so, what type of atty do I need? My sister..

    Answered 3 days ago.

    1. Joy N. Sisler
    2. Ruth Elaine McMahon
    3. Michael Leo Potter
    4. Daniel B. Purtell
    4 lawyer answers

    The primary advice that I would give is to see an estate planning attorney, who then might even refer you to a litigation specialist. It is possible that your sister had committed fraud, forgery and waste of the estate of your parents without the authority to do so. Is she the financial power of attorney for your parents? If your parents set up a trust, are they the makers of the trust and who are the current trustees? If you are a co-trustee or co-power of attorney and your sister acts...

  6. How do we make sure my husbands parents have no rights to our children if something happened to us?

    Answered almost 5 years ago.

    1. Kevin W. Davidson
    2. Daniel B. Purtell
    2 lawyer answers

    There is no iron-clad way to guarantee that your husband's parents will have no righs to your children upon your incapacity or death. The issue of guardianship and visitation rights to minor children is up to the Court in each situation, taken on a case by case basis. That being said, you can make out Wills and other writings that will specifically state your wishes as to who should be appointed as the legal guardian of your minor children during your incapacity or after your death. I also...

  7. Can an executor live in another state, ex. the will is in wis. but dtr lives in colorado

    Answered almost 5 years ago.

    1. Daniel B. Purtell
    1 lawyer answer

    Yes, you can name your daughter, or any other person, who is a resident of another state to be the personal representative (executor) of your estate. There is no specific requirement that any personal representative be a resident of Wisconsin to "probate" an estate. I would recommend that any non-resident of Wisconsin obtain local counsel in Wisconsin to assist in the filing of paperwork and in the overall administration of the estate as it goes through the Court system.

  8. Mother in law wills her house

    Answered almost 5 years ago.

    1. Daniel B. Purtell
    1 lawyer answer

    First of all, you will need to see if were any deed restrictions placed on the deed of the house by the provision in your mother in law's will that would preclude you simply selling the property. If not, and you and your wife own the house without restriction, you can sell the house. The wishes expressed in a Will are only in place as long as the Probate proceeding is active or if there is a specific restriction placed on the deed. Even if there was a deed restriction, there is no doubt...

  9. Wisconsin intestatacy - regarding survivorship marital property

    Answered almost 5 years ago.

    1. Daniel B. Purtell
    1 lawyer answer

    Based on the fact that real estate was titled as survivorship marital property, your father's current wife will receive the real estate. Even if he had a will that said otherwise, the properties would pass outside of probate and the will, as title would win out. You can always try to contest this distribution result, but in my opinion, the fact that your father titled the assets as such will make it VERY difficult to challenge. If he had wanted any real estate to go to his pre-spouse...

  10. My sister will not tell me anything I would like to know if the time he spent in the nursing home was he on public aid ?

    Answered 3 days ago.

    1. Alan James Brinkmeier
    2. Stephen Laurence Hoffman
    3. Daniel B. Purtell
    3 lawyer answers

    The Will is a public probate document that must be filed with the Court in a timely manner after death. Depending on how your father owned his assets and if there were designations like payable or transfer on death or beneficiary designations, there might not be many assets passing through the Will. So, you may need to hire an attorney to seek financial information from your sister, especially if your sister was the financial power of attorney during your father's lifetime, especially if he...

    1 lawyer agreed with this answer