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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 June 21, 2022 by Shanna N. Yonke
One of the most common questions asked by our clients is, “What is the difference between a will and a trust, and which is right for me?” Last week, I provided a brief summary of the differences between these two common estate planning tools in a vlog. You can view the vlog here. In this […]
Posted on May 10, 2022 by Andrew M. Lorenz
In a perfect world, business owners could spend all of their time and money focusing on a singular task: running their business. Despite the best laid plans, however, at some point ancillary concerns will arise and require—at least to some extent—that a business divert its resources to address and correct an issue. One area of […]
Posted on February 23, 2022 by Shanna N. Yonke
Spring officially begins on March 20th – less than one month away. In Wisconsin, that means wedding planning is in full swing. One important item on many wedding planning to-do lists is a pre-nuptial agreement. We hear a lot about “pre-nups” in pop culture. One of the most iconic pop culture references is in the […]
Posted on February 22, 2022 by Aric D. Burch
Wendell knew he needed a financial power of attorney document in order to make sure he named someone to manage his finances and take care of his business if he was ever unable to do so on his own. However, Wendell was busy and didn’t want to take the time or spend the money to […]
Posted on February 14, 2022 by Ruder Ware Estate Planning Attorneys
You likely are aware, from the news and our prior communications, that Congress currently is considering proposals that may have a significant impact on many estate plans. Although we still cannot be certain which, if any, of the proposed changes will become law, we want to provide you with an overview of their potential effect […]
Posted on December 13, 2021 by Ashley L. Hawley
Drafting an estate plan allows a person to put into writing their wishes for division of assets upon death. Sometimes this means making a choice to give more to one child over the other, or to completely write out natural heirs of law. An uncle whose nephew is like a son to him may bypass […]
Posted on November 22, 2021 by Shanna N. Yonke
Last week, I provided a brief overview of the gift tax in a vlog. You can view the vlog here. In this blog post, I’ll expand on basic gift tax concepts, just in time to make your holiday gifts. What is the gift tax? Basically, the gift tax is a tax imposed on the gratuitous […]
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 Ruder Ware Alumni
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 […]