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The transfer of property from one generation to the next is wrought with difficult legal and tax issues.
Questions families often grapple with include: Is mom competent to sign the house over to one child? Is dad competent to sign a trust document that excludes a different child? Is mom’s judgment colored by her daughter who lives next door to her? Is your sister who is in charge of your mother’s finances not sharing information with you? Is your brother handling the probate of your father’s estate correctly? Who’s looking over your sister’s shoulder while she is serving as power of attorney for your parents? Where are the checks and balances for your brother who is serving as trustee of your parents’ trust? Do siblings suspect you are not carrying out the wishes expected of you by your aging parents?
Caring for family members can sometimes create complicated dynamics within families. Emotional situations can breed conflict. Our attorneys approach each matter with empathy and clarity, collaborating to provide clients with the best possible advice.
Our representation can begin when family members are living or after they’ve passed – our services are full circle. We represent trustees and beneficiaries of trusts when questions exist and disputes arise, we work with parties in will contests and probate litigation matters, and we counsel agents acting pursuant to powers of attorneys to help prevent them from being sued and to defend them when they are sued. We also handle contested guardianship matters.
Our recent experience in the area of estate and fiduciary litigation includes:
Examples of estate and fiduciary litigation matters handled by Ruder Ware attorneys include:
Founded in 1920, Ruder Ware provides business, employment, estate planning, and litigation services through its offices in Wausau, Eau Claire, and Green Bay, Wisconsin. A full-service law firm, over 40 attorneys provide clients with a one-stop approach to their legal needs. Ruder Ware, Business Attorneys for Business Success.
Posted on October 13, 2021 by Jessica A. Merkel
Today, the Social Security Administration announced in a press release that approximately seventy million Americans who receive Social Security and Supplemental Security Income (SSI) will receive a cost-of-living adjustment (“COLA”) seeing an increase in their benefits of 5.9% in 2022. Sixty-four million Social Security beneficiaries will see their 5.9% COLA increase in January 2022. Eight […]
Posted on September 20, 2021 by Linda M. Danielson
So you’ve received an inheritance and you’re married. The person who left you the inheritance probably intended for it to benefit you, not your spouse, if you get divorced. How do you protect the inheritance? Wisconsin law provides limited protection. Under Wisconsin’s Marital Property Act, which governs the classification of assets during marriage and on […]
Posted on September 1, 2021 by Kayla E. Murphy
Estate planning is a process that must be customized to fit each individual’s unique situation. Each individual has their own priorities and issues to address. The priorities and issues for an unmarried individual are often different than those for married couples. Some of the common priorities and issues that arise in estate planning for unmarried […]
Posted on August 4, 2021 by Kayla E. Murphy
If you’re preparing to send a child off to college this fall, you should add two documents to your back-to-school checklist: (1) a power of attorney for health care, and (2) a durable power of attorney for finances. Without these two documents, you may not have the authority to make health care decisions or manage […]
Posted on July 22, 2021 by Ashley L. Hawley
“Probate” is a legal term for the Court process of transferring assets out of a deceased person’s name and to that person’s heirs and/or beneficiaries. The difference between the term “heir” and the term “beneficiary” is that an heir is someone who is entitled to receive the assets of a deceased person who died without […]
Posted on June 16, 2021 by Shanna N. Yonke
Summertime is a special time of year in Wisconsin. It brings many families to cabins where they create memories and traditions that will be cherished forever. However, many problems arise if families do not create a plan for the future ownership and management of the family cabin. The cabin may be subject to the claims […]
Posted on April 23, 2021 by Lisa O. O'Flyng
Matthew Shin’s intellectual property and business transactions practice has supported the development and commercialization of new technologies, products, and services in laboratories, factories, and computing systems around the world.
Posted on April 23, 2021 by Lisa O. O'Flyng
Ruder Ware is pleased to announce the addition of Andrew Lorenz to our Eau Claire attorney team. An Eau Claire native, Andrew is a 2018 magna cum laude graduate of the University of Wisconsin Law School. Prior to beginning his legal career he served four years with the United States Marine Corps. At Ruder Ware, […]
Ruder Ware’s Trusts & Estates blog has featured several posts (for example, Call to Action: Review Your Estate Plan in Light of the SECURE Act and Why SECURE Act Matters to You) on the SECURE Act, a federal law effective January 1, 2020, that made significant changes to the payout provisions of inherited retirement benefits, […]
In the United States Congress, there is an arduous journey before a bill becomes law. See the classic School House Rock! video, “I’m Just a Bill.” But there is a common theme running through some gift and estate tax bills that have been introduced in Congress this year. That is: an appropriate way to raise […]