Probate & Trust Administration
The death of a family member brings both personal and legal responsibilities. Someone may need to locate and manage assets, address creditors, transfer real estate, handle tax matters, communicate with beneficiaries, and ultimately distribute property to the people entitled to receive it.
At Carlin Law, we guide personal representatives, trustees, beneficiaries, and families through probate and trust administration in Wisconsin.
Whether an estate requires a formal probate proceeding, informal administration, or the administration of assets through a trust, we can help determine what needs to be done and guide you through the process.
What Does a Personal Representative Do?
The Personal Representative (what many other states call "an Executor") is responsible for administering the probate estate. This can involve substantial responsibility, paperwork, deadlines, and communication with the court, creditors, beneficiaries, financial institutions, and others.
We help Personal Representatives understand what needs to be done and guide them through each stage of the administration.
What If There Is No Will?
A person who dies without a valid will is said to have died intestate.
That does not mean the person's property automatically belongs to the state. Instead, Wisconsin law determines who is entitled to inherit probate property.
An estate can therefore require probate whether or not the deceased person left a will. The difference is that when there is no controlling will, the distribution of probate property is determined by Wisconsin's intestacy laws rather than the deceased person's instructions.
Real Estate in a Probate Estate
Real estate often presents one of the more significant issues in an estate.
Depending upon the circumstances, property may need to be maintained, insured, appraised, sold, or transferred to a beneficiary or heir. Mortgages, liens, creditor claims, administrative expenses, and the terms of the will can also affect how the property is handled.
Because Carlin Law also handles real estate and title matters, we can assist with the legal and title issues that arise when real property must be transferred or sold during an estate administration.
Trust Administration
A trust may avoid probate for assets properly held in or transferred to the trust, but that does not mean there is nothing to do after the person who created the trust dies.
The successor trustee becomes responsible for administering the trust according to its terms and applicable law.
Depending upon the trust and its assets, administration may involve:
- Reviewing the trust and related estate-planning documents
- Establishing the successor trustee's authority
- Identifying and securing trust assets
- Obtaining necessary tax identification information
- Addressing debts, expenses, and tax matters
- Managing real estate and other trust property
- Communicating with beneficiaries
- Preparing appropriate trustee documentation
- Making distributions required by the trust
- Establishing continuing trusts for beneficiaries when required
- Completing the administration and maintaining appropriate records
A trustee is acting in a fiduciary capacity. We help trustees understand both the terms of the trust and the responsibilities that come with serving as trustee.
When an Estate or Trust Becomes Complicated
Not every administration proceeds without disagreement.
Questions can arise regarding the validity or interpretation of estate-planning documents, creditor claims, ownership of property, actions taken before death, distributions to beneficiaries, real estate, or the conduct of a Personal Representative or trustee.
When an issue arises, we can help identify the legal questions involved and determine what action may be necessary to move the administration forward.
We Can Help With the Administration
If you have been nominated or appointed as a Personal Representative, are serving as successor trustee, or are unsure what needs to happen after the death of a family member, you do not need to figure out the entire process before contacting us.
We can review the estate plan and assets, determine what type of administration may be necessary, and guide you through the process from beginning to end.
Contact Carlin Law to discuss a Wisconsin probate or trust administration.
