By:  Attorney Denis J. Regan and Paralegal Steven M. Lant

During the estate planning process, you will want to make sure your family members will have the resources they need after you are gone, and you can also make sure your wishes will be followed throughout the rest of your life. However, in the event you have substantial assets beyond the level necessary to support or assist children, you may want to consider the legacy you leave behind from a charitable perspective.  Incorporating charitable giving into your estate plan is a great way of supporting causes you believe in and using your financial resources in a positive way.  The most common method is to provide specific bequests to designated charities in your will/revocable trust.  For charitably inclined persons with substantial resources, charitable trusts can offer a number of benefits for the organizations worthy of support, as well as you and your family members.

Types of Charitable Trusts

When you create a trust, you will place certain assets in the control of a trustee and provide instructions for when and how the assets should be distributed to your beneficiaries. This will protect your assets and ensure that they will be used properly. With a charitable trust, you can name one or more charitable organizations as a beneficiary, and assets may be donated in a lump sum or over time. Unlike living trusts, charitable trusts are usually irrevocable, and once they are created, they cannot be modified.

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.

Grounds for Action Against a Personal Representative

In Wisconsin, there are a few circumstances under which a beneficiary to the estate or another interested party may take legal action against a personal representative by filing a petition with the court. Possible grounds for action include:

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.

It is important to note that there are two different types of legal guardianship. Guardianship of the person includes legal custody of the child and the ability to make important decisions regarding the child’s life, while guardianship of the estate includes the ability to make decisions regarding the child’s assets, including those left to the child through their parent’s will or a trust. The same person may be appointed as both guardian of the person and guardian of the estate, but it is not uncommon for two different people to be appointed in these roles.

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.

It is also not viable to contest a will simply because you are unhappy with its contents or because you believe that it treats you unfairly. In order for your contest to succeed, you will need evidence of impropriety in the creation of the will, which would make the will invalid under Wisconsin law. This impropriety could take a few different forms, including:

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.