Established in 2005, Celebrating 20 Years in Practice!

5555 Odana Rd., Suite 205 Madison, WI 53719

(608) 274-7192

(608) 274-7192

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    • Home
    • Estate Planning & Probate
    • Writing
    • Public Speaking
    • About Us
    • Resources
  • Home
  • Estate Planning & Probate
  • Writing
  • Public Speaking
  • About Us
  • Resources

Wisconsin Estate Planning

What is Estate Planning?

There are several goals associated with estate planning, they include:


  • Nominating an individual to make health care and or financial decisions for you should you be unable to do so
  • Making declarations to your physician about your wishes toward life-sustaining procedures if you have an incurable condition or you are in a persistent vegetative state
  • Creating a will to instruct the courts on how to distribute your property upon your death
  • If you have minor children, nominating a guardian and establishing a trust fund to control the distribution of your assets after your death (Under current law, a will is the only method of nominating a guardian for your minor children.)
  • Coordinating your life insurance and retirement plans to coincide with your will
  • Determining whether your estate may be subject to federal or state estate taxes


Who Needs Estate Planning?

Contrary to popular belief, estate plans are not exclusively for individuals with substantial wealth. Without the proper estate planning documents, your wishes may go unrecognized by the courts should you become incapacitated or die.


When you do not have an estate plan you are limiting your ability to instruct the court on your wishes about health care and financial decisions if you are incapacitated as well as how you would like your property distributed upon your death. Should you die without a will the court will nominate a personal representative to administer your estate and property will be distributed according to statutory guidelines.


The Estate Planning Process

Our firm aims to make estate planning affordable and efficient; we have designed the following four-step system to assist you in gathering information, analyzing your options, and executing your documents:


  1. There is a comprehensive questionnaire designed to gather necessary biographical and financial information and to begin considering whom you would like to nominate for certain duties in your estate plan.
  2. There is a client conference to review the questionnaire, identify the required estate planning documents, and discuss any questions or concerns you may have.
  3. Drafts of your estate planning documents are reviewed in a second client meeting. At this time a thorough explanation of your documents is provided and you verify information such as birth dates and addresses.
  4. After updating your documents based on the second client meeting, we meet to sign your documents.


When To Update Your Estate Plan

The following life events signify a need for you to consider estate planning:


  • Purchase of property, such as a home or condo
  • Marriage
  • Birth or adoption of a child
  • Death of a spouse or partner
  • Desire to have a specific individual make health and or financial decisions for you


Wisconsin Probate

How Probate Works

When someone dies, with or without a will, Wisconsin law requires a legal proceeding to settle the estate if the person owned property. This proceeding is called "probate". The probate proceeding MUST take place in the county where the deceased lived. Property includes bank accounts, vehicles, a home, etc. The Personal Representative is the person either named in the will or appointed by the court to:

  • Collect, inventory, and value all of the property of the deceased person
  • Protect the deceased person’s property
  • Pay debts, administration fees, and taxes (this includes State and Federal income and estate taxes)
  • Distribute the person’s property either according to the will or by statute if there was no will

A personal representative may wish to turn to a lawyer for professional legal advice related to the probate process. In Wisconsin, the personal representative is free to hire any attorney of choice; this need not be the lawyer who drafted the will.
Gustafson Gervasi Law Office, LLC provides legal advice, at an hourly rate, to a personal representative going through the probate process. If you would like more information on these services or to inquire about the hourly charge, please call 608-274-7192 or email Melinda@gustafsonlegal.com

Gustafson Gervasi Law Office, LLC

5555 Odana Rd., Suite 205 Madison, WI 53719

(608) 274-7192

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