The way the trust is written the beneficiaries are not named explicitly but rather it says "any children". I have reason to believe that I am the sole beneficiary but the trustee thinks there might be other children and wants to put out ads in the...
You should hire an attorney to communicate with the Trustee. If you are the sole current beneficiary, you have rights to information. The Trustee has a duty to find all potential beneficiaries, but not to drag the administration of the trust out without good faith that there are such beneficiaries out there.See question
My step father Darryl passed away Nov. 5, 2016, and I just discovered this today. He was married to my mother 30 years, she passed away in 2012. Darryl has 4 boys from a previous marriage. I grew concerned after Darryl did not answer the phone ...
Yes, you should hire an attorney local to the County in which your step-father lived and have that attorney check to find out what his Will states as to named beneficiaries. His Will is a public document and would be accessible to you or your legal counsel as part of the public record. But, if your step-father took steps to avoid probate by the use of a Transfer on Death Deed on the house or other methods to avoid probate on assets like bank accounts, life insurance policies and retirement plans, then there might not be any assets that will pass through the Probate process. Regardless, if you want to find out your rights and possible status as a beneficiary, you should hire an attorney, likely due to your distance from Wisconsin.See question
My brother is the executor my two sisters and one brother got everything and left me out of the trust my brother told me there's nothing I can do because a trust overrides a will is this true
It is correct that if your mother had created a Trust and placed all of her assets into that Trust and also directed that the Trust be the beneficiary of her retirement and life insurance assets, there would no need for her Will and assets would pass privately through the Trust. If you are not a named beneficiary of the Trust, there is a chance that you will not receive any of the estate. But, I would hire an attorney to request written confirmation that you, as an heir to your mother's estate, have actually been disinherited. You have rights as a statutory heir and also under the WI Trust Code to request information.See question
My uncle told me he was leaving me money in his will. The executor contacted me and said I was not in the will. How can I locate the will
The best way to access your Uncle's Last Will is to wait until it is filed with the Register in Probate and then simply go to the Courthouse and request a copy. A filed Will is a public document. You may have to pay for the cost of a copy, but it should not be very costly. To be clear, this also presumes that your Uncle had assets that needed to pass through the Probate Court. It is possible that he established his estate plan to avoid Probate. Seek out a competent attorney to review your options.See question
I'm looking to move a family member into an assisted living facility, and they gave me all the paperwork. Included was a page saying that two guarantors were required for the resident, and they would be fiscally responsible if the resident weren't...
Yes. A facility may require any financial standards it wants when someone is coming in as a private-pay resident. If what you are saying is correct, I would not sign on as a guarantor unless the guarantor also had the ability to be involved in the decision-making of what type of care the resident continues to receive one his/her money is gone.See question
My father leaves in his will his estate to all of his children and excludes his wife. Is my father entitled to do this in Wisconsin a martial property state or will his wife be entitled to his half also?
This CAN be done, but only after careful consideration of Martial Property, re-marriage, and specific document-drafting issues are answered. This is, unfortunately, unable to be answered with the simple fact pattern presented and should be brought to the attention of an experienced estate planning attorney for review and advice before implementation.See question
Mother loaned her son over $100,000 to prevent him have a foreclosure on his home 3 or more times. This has been ongoing for the last 10 years. Amounts given at three different times ($35,000, $42,000, $54,000. The other 5 sisters would not get ...
Mother needs to have an estate plan that addresses the offset of the monies given to the Son. This will allow the amount that son receives at the time of Mother's death to be reduced by that amount, which will increase what is given to the Daughters. This can be accomplished by a Will, a Trust or other documents that can't be finalized until Mother meets with an estate planning attorney.See question
Adding your son to the deed is considered a divestment (a gift) and that would trigger a penalty if either of you (you and spouse) need to qualify for Medicaid to pay for long term care expenses. Also, even if you get 5 years out and the look-back period as run, the joint-titling will allow the State of WI to attempt estate recovery for the costs that they have paid on your behalf, and put a lien on the house.
You need to speak to an attorney who specializes in estate and Medicaid planning. This is a complicated issue without an easy answer.See question
Father passed away in Jan. Brother is trustee. He has not provided written documentation of trust to any beneficiaries, nor will he show anyone the trust. We are looking at WI State Statute 701.0813. Told us to take him to court because he will no...
Under the new Wisconsin Trust Code, it is the duty of the Trustee as fiduciary to disclose the contents of the trust language and the assets of the trust upon request by a beneficiary. The only exception to this new requirement is if the Trust specifically excludes a beneficiary from seeing certain portions of the Trust. You should hire an attorney and make the request in writing. I would think that a strongly-worded request with the threat of Court action would get the Trustee in line. Removal of the Trustee is also an option by statute, but there also may be language in the Trust to allow for a removal and replacement by the beneficiaries.See question
Such as a First child vs a Girlfriend, Or Second Childvs Girlfriend?
No. Unless an individual has executed a valid Health Care Power of Attorney, then someone must be appointed as a Guardian of the Person for that individual by the Probate Court.See question