By Attorney Erin Strohbehn

If you have recently lost a loved one and expect to inherit from his or her estate, you will most likely be impacted by the process of probate, during which the estate is settled and assets are distributed to the deceased’s heirs and beneficiaries. One of the most important figures during the probate process is the estate personal representative or executor. Many estate representatives are motivated to perform their duties to the best of their abilities, but some are not so capable. If you believe that your loved one’s estate representative is not suited for his or her role, you may be able to take legal action to have that person removed and replaced.

What Are the Duties of a Personal Representative in Wisconsin?

Typically, a personal representative is named in the deceased’s will or appointed by the probate court according to state law. An estate representative has significant authority to manage a person’s property after his or her death, along with important responsibilities to settle any claims against the estate by creditors and to distribute the remaining assets to the appropriate heirs according to the decedent’s will or intestate succession laws. The personal representative is also responsible for keeping interested parties informed throughout the probate process.

By Attorney Erin Strohbehn

In Wisconsin, one important matter that often must be settled during the probate process is the legal guardianship of minor children who survive their parents. While it may be difficult or uncomfortable for parents to think about this scenario, there are things that they can do during their lifetime to make this process as smooth as possible if it does become necessary. In some cases, however, the determination of guardianship may be more complicated and must be resolved through probate litigation.

How Do Wisconsin Courts Appoint a Child’s Guardian?

In most cases, if only one of a child’s parents passes away, the other parent will remain the child’s legal guardian and maintain all parental rights. However, if both parents are deceased, and the child has not reached the age of 18 and legal adulthood, a legal guardian must be appointed in probate court.

By Attorney Erin Strohbehn

Losing a loved one under any circumstances can be incredibly difficult, and your emotional pain may be all-encompassing, making it difficult to focus on the process of probate, in which the assets of your loved one’s estate are distributed to their heirs and beneficiaries. However, if you suspect that there is something wrong with your loved one’s last will and testament, it may be important to find the energy and focus to take legal action to contest it. Fortunately, a probate litigation attorney can help you handle the complications of this process, relieving much of your personal stress.

Reasons to Contest a Will

It is important to note that in Wisconsin, not just anyone has the standing to contest a will. In order to pursue a will contest, you usually must be named as a beneficiary in the current will or a previous version of the decedent’s will, or you must have a relationship to the decedent that would entitle you to inheritance through intestate succession, the process that takes place when a person dies without a will.

By Attorney Denis J. Regan

During unpredictable times such as a health crisis, it is only natural for individuals to think about the future of their assets if something were to happen. Legally protecting your family assures your assets will pass according to your wishes after you have passed away. That is why it is critical to plan ahead and create an estate plan with the help of a knowledgeable attorney who can make sure your wishes are carried out. 

By Attorney Denis Regan

A power of attorney is a legal document signed by a person (known as the principal) to give another person (known as the agent) the legal authority to act on their behalf. This ability allows the agent to handle matters related to the principal’s health care or finances. The principal may want to create a medical or financial power of attorney for reasons such as: