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Amanda L. Wieckowicz
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Amanda Wieckowicz’s Answers

142 total


  • I have a question in regards to a P.O.D account.

    I had a family member recently pass away, this individual has a separate account for me and I am the sole beneficiary as P.O.D the executor on the will says that the will said that any money is supposed to be split 3 ways and said that she's going...

    Amanda’s Answer

    Chapter 705 of the Wisconsin Statutes provides that POD account is owned by the payable on death beneficiaries "unless there is clear and convincing evidence of a different intent". This will be a very hard burden for the executor to meet because none of the three siblings (I assume) can testify to the decedent's intent under the Deadman's Rule.

    The only other way that the executor could have the POD designation legally revoked is to prove that you unduly influenced the decedent to make you the POD beneficiary in the first place. This would require the executor to prove that a “confidential relationship” existed between the decedent and you, and that “suspicious circumstances” surrounded the POD designation. If the executor succeeds in establishing these two elements, then a presumption of undue influence arises, and the burden shifts to you to disprove the presumption. So, to truly answer your question, an attorney would need to discuss the specific facts of your relationship to the decedent and the creation of the POD designation.

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  • How can I get the Court to admit copies of my father's will and codicil into Probate, instead of requiring original documents?

    My father died last month. He had a will, codicil, and Trust, and I am the nominated PR in the will and the Successor Trustee in the Trust. The probate assets are over $50,000, and I plan on using the Informal Probate administration. My prob...

    Amanda’s Answer

    If you explain the problem to the bank specifically, they may let you access the safety deposit box with an attorney and a bank official present in order to get the original will and solve this chicken-and-egg problem. Alternatively, you could open a special administration with the probate court with the sole power being to get a copy of the will of the safety deposit box. Then, once you have the will, you can convert the special administration into an informal administration fairly easily.

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  • What course of action is needed to change my mother's will?

    Mother is incompetent and when will was drawn up, she was not. Need to change executor of estate to a family member and get bank's involvement removed from said accounts. There were no provisions made for daughter Judith to execute the will and ...

    Amanda’s Answer

    The previous two attorneys are correct that only a testator (one who makes a will) can change their own estate planning and they must be legally competent to do so of their own free will. You probably have good intentions to protect your mother, but you should be careful not to exercise your powers as trustee or power of attorney for finances to your own financial benefit or the benefit of your children or grandchildren. This is not appropriate and could even subject you to criminal prosecution in certain circumstances. I recommend that you hire a local attorney to advise you on how to fulfill your fiduciary duties and also your rights as an interested party and/or beneficiary.

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  • How much notice do i have to give my landlord when moving out?

    I signed a 9 month lease 5 years ago. i was not asked to sign a new one even when my building was bought by someone else. the original lease said 60 day notice. also there are a lot of things wrong with my place and my landlord wont fix anything.

    Amanda’s Answer

    If the original 9 month lease does not have an automatic renewal clause, then you have to give 28 days written notice before the beginning of the next rental period. This means that you could not give notice today for termination on 11/1, but you could give notice today for termination on 12/1 (assuming that your rental periods started on the 1st of each month). Be sure to keep a copy of the notice that you deliver to your landlord.

    If the original 9 month lease does have an automatic annual renewal clause, then you may have to wait until the end of the this 9 month term to legally terminate. In this case, be sure to give at least 60 days written notice of your intent to not renew the lease.

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  • Is it true that in WI that naming a person as your personal rep doesn't automatically make them the personal rep?

    I was told by someone in the probate office that just because someone names a person in their will to be their personal representative doesn't necessarily make the person the rep. Can I get some clarification on this? Is what I was told true? If s...

    Amanda’s Answer

    The person that you appointed as personal representative can also decline to act. This means that they do not accept the duties that you assigned to them and agree to be bound by the requirements of the probate court. The register in probate may also have been telling you that once you pass away, the person that you appointed as personal presentative must file certain documents with the court before they are "officially" recognized as personal representative. These are fine distinctions, but may have been what she was attempting to say to you. Best of luck!

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  • During probate, my sister purchased my fathers home. Is she able to take occupancy while probate is still in process?

    I am going through probate for my fathers estate. My father had 3 children. All heirs. My sister is the personal representative. She purchased my dads home during probate and has already taken occupancy.

    Amanda’s Answer

    Yes, most likely. As long as she paid fair market value and title has transferred, she has the same right of occupancy as any other purchaser.

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  • How soon after the inventory of an estate, during probate, is filed with the court is the accounts payable submitted?

    I am going through probate for my fathers estate. My father had 3 children. All heirs. My sister is the personal representative. She is not keeping my brother and I informed of how things are proceeding. We are trying to understand all the ins and...

    Amanda’s Answer

    State law provides that all probates must be closed within 18 months unless there is good cause that they need to be kept open longer such as to sell a business, sell real estate, deal with creditors, or file necessary income tax returns. Some counties have tighter restrictions and require estates to be closed within 12 months unless there is good cause. You can call the Register in Probate in the County where your father's estate is being probated and ask him or her the deadline. You could also search your father's name on the Wisconsin Circuit Court Access Program and the deadlines will be listed in the case details at http://wcca.wicourts.gov/simpleCaseSearch.xsl;jsessionid=8D20C1868DF564C3E56194A8E905D34C.render6?. Finally, you can find more information on this topic and probate in general at http://www.wisbar.org/forpublic/ineedinformation/pages/probate.aspx

    Good luck!

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  • WHAT CAN I DO TO PROTECT MYSELF IF MY CONDO ASSOCIATION WON'T ENFORCE A BYLAW?

    WE HAVE A BYLAW THAT LIMITS OWNERS TO ONE DOG THAT MUST MEET SIZE GUIDELINES. ONE OWNER HAS 2 DOGS. ONE OF THEM IS A BITER. SHE GOT THE SECOND DOG ABOUT 6-7 MONTHS AGO.WE SENT HER A LETTER GIVING HER AMPLE TIME TO FIND A HOME FOR THE DOG. BUT WHAT...

    Amanda’s Answer

    • Selected as best answer

    You can file for an injunction for a court order that will require her to get rid of the second dog or face contempt penalties. You will need a local attorney.

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  • Can my boss demote me because im autistic?

    I got hired at a restaurant in february. I told my boss that I had aspergers syndrome during my interview. He hired me three days later as a cook making 8.75 per hour. A couple weeks ago my co-workers got into an argument. I got scared and started...

    Amanda’s Answer

    He cannot discriminate against you based on what could be characterized as a disability. You can call the Wisconsin Department of Workforce Development Equal Rights Division. The website is https://dwd.wisconsin.gov/er/equal_rights_division/contacts_all.htm and the phone number is 608-266-6860. The sooner you make a complaint, the better. I know from experience that the employers in Wisconsin Dells can be quite ruthless at times. Don't be afraid to call to explore your rights.

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