Milwaukee and Waukesha Probate and Estate Administration Lawyer
Being named as the personal representative or executor of someone's estate is one of the highest compliments that any of us can receive. However, it is also a serious responsibility — one you would not want to undertake without legal advice. Attorney Rollie R. Hanson represents personal representative and executors throughout southeastern Wisconsin, including West Allis, Waukesha and the Greater Milwaukee area.
What is probate?
Probate is a court-supervised process with two goals:
- To pay all outstanding debts of the deceased, including any federal and state estate or income taxes.
- To transfer a deceased person's assets to the beneficiaries named in the will (or to legal heirs, if there is no will).
The probate process protects the rights of creditors and beneficiaries of the estate. It ensures that once property is transferred to heirs or beneficiaries, it is free from any creditors' claims and any liens for estate or income taxes.
What types of probate are available?
Wisconsin offers informal probate and formal probate. If family members are in agreement about the terms of the will, then the informal probate process can be used. Informal probate usually takes from nine to 12 months sometimes longer if real estate needs to be sold. Formal probate proceedings can take longer and generally require more hearings before the court.
Are all wills subject to probate?
Probate is required whenever property in excess of $50,000 passes under the provisions of a last will and testament.
How much does probate cost?
The probate process generally costs an amount equal to 3 percent to 5 percent of the assets of the estate. Such costs include lawyer fees, personal representative fees, bonding, publication and filing fees.
If the will is contested, the costs may be much more.
Will an attorney be necessary to probate my estate?
In a formal probate proceeding, it is necessary to have an attorney to represent the personal representative. In other types of probate, an attorney is not formally required. The staff of the county Register in Probate can help you obtain and prepare tile correct forms. However, the register cannot evaluate your will or offer legal advice.
A probate lawyer can guide you through the process and help protect you from liability as the personal representative or executor.
Can I avoid probate?
Yes. The most popular method of avoiding probate is by the use of a revocable living trust. By having your assets pass to your beneficiaries under a trust rather than a will, you can avoid probate and save the costs of the proceeding.
Lawyer consultation
To set up an appointment to discuss your probate needs with lawyer Rollie R. Hanson, call 414-321-9733 or complete our simple contact form on this site. We are conveniently located in the Lincoln Center III on National Avenue in West Allis.
