Settlement Issues
We are not a probate litigation firm. Our work is primarily transactional, meaning that we assist in settling estates and trusts according to the will or trust (if any) and Wisconsin law governing this area.
Issues We Handle
This can include:
Assisting in estate or trust-related real estate transactions. This can include situations where a beneficiary wishes to receive real estate as part of her share, or for sale by owner scenarios.
Assisting with business matters. When an estate includes a business, we advise on transitional management issues and assist in implementing an exit or transfer as called for in the company’s governing documents.
Dealing with minor issues. We will assist personal representatives in dealing with minor disputes that come up as the estate mores forward, such as resolution of personal property, claims, and beneficiaries who object to legitimate actions taken by the personal representative or trustee.
Dealing with document interpretation issues. We have assisted personal representatives and trustees who need advice on how to deal with an ambiguity in a document.
Issues We Refer
We typically do not handle significant trust or estate-related litigation. This includes matters such as:
Competency challenges. Wisconsin law allows challenges to a will or trust if the person signing the document did not have the capacity to understand their financial or family situation or what the document does. These are very significant projects that we refer to others.
Undue influence challenges. Wisconsin law allows challenges to a document if the decedent was acting under duress and certain other conditions are met. These are very large projects that are very fact intensive. We refer these matters to others.
Litigation involving a decedent. Sometimes, a person dies while they are being sued, or a claim is filed related to a dispute the decedent was involved in during their lifetime. This requires outside litigation counsel.
Our Approach
We only assist in issues such as these if we are handling the underlying probate or trust settlement matter. We are very reluctant to get involved in probates partway through.
For matters that present these issues and are not yet started, the first step is a consultation with a probate attorney to discuss the situation and possible resolutions. We look forward to working with you.