Tag Archives: Lawyer

Beware of Scams Offering to Set up Your Revocable Living Trust

 

A revocable living trust is a very popular and effective estate planning tool. But consumer protection agencies, like the Wisconsin Bureau of Consumer Protection, caution consumers to be careful shoppers when it comes to establishing a living trust.

What is a Revocable Living Trust?

A trust is a written instrument that designates one or more individuals to manage property for the benefit of others. A trust is revocable if the terms of the instrument allow you to change or terminate the trust during your lifetime, provided that you are competent to do so. A trust is living if you establish it during your lifetime.

There are three parties to a trust. The settlor is the person who creates the trust. The trustee is the person who is designated to manage the trust and its property. The beneficiaries are the individuals who are entitled to receive the income and assets of the trust as directed in the trust instrument. For many people who establish a revocable living trust, they serve all three of these roles during their lifetime and competency. Continue reading

The New SECURE ACT May Require a Revision of your Estate Plan

On December 20, 2019, President Trump signed into law the “Setting Every Community Up for Retirement Enhancement Act” (the SECURE Act). This new law changes how IRAs and certain other retirement benefits must be treated after death. These changes are significant, and they may affect your existing estate plan.

With just a few exceptions, which I will explain below, the passage of the new SECURE Act eliminates the ability of a beneficiary of your retirement plan to stretch their receipt of those proceeds out over an extended period of time.

For example, in the case of an IRA, prior to the SECURE Act your beneficiary had the option to stretch his or her required annual minimum distributions over his or her life expectancy. This allowed the beneficiary to defer income tax while permitting the balance to compound. This was a very nice benefit, especially for beneficiaries who were much younger than the owner of the IRA. But now under the SECURE Act, most beneficiaries inheriting an IRA (or other defined contribution plans) will be required to completely withdraw all plan assets within 10 year of the date of the owner’s death. Continue reading

ESTATE PLANNING AND WISCONSIN MARITAL PROPERTY LAW

Wisconsin’s Martial Property Code is a comprehensive set of statutes that are riddled with complex details and exceptions. The marital property laws apply to spousal property rights during the marriage, in the event of a divorce, and also upon death. Failing to create an estate plan that takes the marital property laws into account can have unintended and even disastrous consequences at death.

What is the Purpose of the Marital Property Law?

The Marital Property Act was initially passed in 1986 with the intention of creating financial equality between spouses. The law acknowledges that both spouses contribute to a marriage in many ways, financially and otherwise, and whatever assets or income they acquire during the marriage should belong to them equally. This economic partnership also provides a spouse with an easier access to credit if his or her income is less than that of the other spouse.

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Buying and Selling Real Estate with a Land Contract

Land Contract

A land contract is a financing contract between a seller and buyer of real estate. It is a legally binding contract under which the seller, also referred to as the vendor, agrees to finance a portion of the purchase price for the purchaser. With a land contract arrangement, the purchaser takes possession of the property and becomes the owner in equity, but the seller retains legal title to secure the outstanding balance until the purchase price is paid in full.

Information Contained in a Land Contract

The terms and provisions of a land contract are legally binding. The specific terms of a land contract will vary depending upon the circumstances of each transaction, and it is not possible to address them all in this article. But some of the basic matters to be addressed include the proper identification of the parties; a full and accurate legal description of the property; the purchase price, down payment, and interest rate; the length of the contract term and the amortization period; any balloon payment requirement; and whether the contract can be prepaid without a penalty. Continue reading

WHAT HAPPENS TO A PERSON’S TANGIBLE PERSONAL PROPERTY WHEN THEY DIE?

When someone dies, the disposition of their personal items, heirlooms and keepsakes are often the greatest source of contention among their surviving family members. However, during their lifetime many people fail to make arrangements to direct how those personal items should be distributed upon their death. Sometimes they make verbal assurances to certain family members during their lifetime, promising to leave them certain items upon death, but those promises are never put into writing. In order to avoid conflicts over the distribution of such items, and possibly avoid a lifetime of hard feelings between surviving relatives, it’s important to properly address these issues in your estate plan.

WHAT IS TANGIBLE PERSONAL PROPERTY?

The term tangible personal property refers to items of a personal nature, including things such as household goods, furniture, furnishings, jewelry, precious stones, photographs, books, silverware, china, crystal, antiques, paintings, sculptures and other works of art, collections, clothing, tools, machinery, equipment, appliances, automobiles, watercraft, recreational vehicles and equipment, pets, and other such personal effects

Tangible personal property does not include assets such as money, real estate, securities, stocks, bank accounts, investment accounts, promissory notes, IOU’s, or similar assets. Continue reading

GIFTS, DIVESTMENTS, AND MEDICAID ELIGIBILITY. YOUR GENEROSITY MAY AFFECT YOUR BENEFITS.

As people get older it’s a natural desire to help their children financially, or perhaps make gifts to their grandchildren or other family members. But that generosity may later affect their eligibility for Medicaid benefits if they ever need long-term care.

WHAT IS MEDICAID?

Medicaid is a program that provides health coverage and long-term care to millions of Americans, including eligible low-income adults, children, elderly adults, and people with disabilities. Although the program is administered under federal guidelines and partially funded with federal funds, it is administered independently be each state.

MEDICAID AND LONG-TERM CARE

With the advancements in medical technology, people are living longer than ever before. As a result, it’s not unusual for them to outlive their financial resources. For those individuals who may require long-term care at some point during their lifetime, without the ability to pay for such care, Medicaid is often the program to which they turn. For those who meet the program’s strict asset and income guidelines, Medicaid can provide life-saving benefits to cover the costs of a nursing home or other long-term care. However, the program rules are extremely complex, and great care must be taken in order to comply with them. Actions that people take now could affect their eligibility for benefits in the future. Continue reading

Say Goodbye to Wisconsin’s Rental Weatherization Program

Wisconsin’s Rental Weatherization Program has been in effect since 1985. The program was the result of State legislation passed at that time which directed the Department of Safety and Professional Services to develop energy conservation standards for rental properties. If you are a landlord or own a residential rental property in Wisconsin, chances are that you’ve had to deal with the legal requirements of this program.  However, due to recent legislation, the program will sunset on January 1, 2018.

What was the Purpose of the Program?

The original intention of the Rental Weatherization Program was to ensure that residential rental properties met certain minimum energy conservation standards at the time such a property was transferred to a new owner. The intended benefits of the program included: reducing the overall demand for heating fuels, shifting the costs of weatherization and energy-related repairs from the tenant to the landlord, and decreasing the state’s dependence on imported fuels, just to name a few. Certain types of properties and transfers were exempt from the program requirements, but many rental units fell within the program’s guidelines. Continue reading

Selling Your Home? Be Aware of Your Legal Duty to Disclose Defects

Real estate prices are up again, and you are considering selling your home. It’s a great home and you feel that you’ve done an admirable job maintaining it, but it does have its flaws and defects. Do you need to disclose these defects to your buyer? In Wisconsin the answer is “Yes”. The law requires persons who transfer real property located in this state to furnish a completed Real Estate Condition Report to the prospective buyer no later than 10 days after accepting a sales contract.  Whether you are represented by a realtor or selling your home as a For Sale By Owner, you must comply with these legal requirements.

What is a Defect?

Under the Wisconsin disclosure law a “defect” is defined as any condition that would have a significant adverse effect on the value of the property; that would significantly impair the health or safety of the future occupants of the property; or that if not repaired, removed or replaced would significantly shorten or adversely affect the expected normal life of the premises.

What Defects Must You Disclose to Your Buyer?

The Real Estate Condition Report required under Wisconsin law lists several defects and conditions that could potentially apply to a property. When completing the report a seller must honestly identify the applicable defects or conditions of which the seller is aware (of which he or she has notice or knowledge). Such defects or conditions include things such as: defects in the roof, electrical system, plumbing, heating and cooling system, cracks or seepage in the basement walls, boundary line disputes, unsafe levels of radon, along with a long list of other possible defects. The report also has a catch-all question that asks the seller to identify any “other” defects affecting the property of which the seller is aware. Continue reading

Here Lies Wisconsin’s Deadman’s Statute: 1858-2016

Wisconsin has become the 37th state to do away with the so-called “Deadman’s Statute” after a November ruling by the State Supreme Court repealed the 158-year-old law. The intent of the statute was to prevent “interested parties”—anyone with a stake in the outcome of estate litigation—from testifying about conversations they had with a deceased or incompetent person.

The law (Wis. Stat. §§ 885.16 and 885.17) was considered by many to be an outdated relic, confusing, often unfair and sporadically enforced. The motivation behind the law was the idea that a witness who stood to gain a piece of a decedent’s estate could easily make fraudulent claims about conversations had with the now-dead person, who was of course unable to respond or contradict anything the witness said. Continue reading

Drones Are Taking Off, and So Are Laws Regulating Them

droneblogThe growing popularity of drones in the U.S. and around the world has regulators, businesses and every day enthusiasts all scrambling to understand what these unmanned vehicles are capable of and the roles they may play in our daily lives. With corporations openly stating their intent to use drones for everything from delivering packages to supplying internet connectivity, and private citizens buying them for recreational use, the law is having a difficult time trying to keep up with these fast-moving devices.

Near-Misses on the Rise

As drone usage has surged over the last half decade, so has the frequency of dangerous incidents in which they have been involved. On November 14, in the skies above Toronto, a Canadian airliner with 54 people aboard had to use evasive maneuvers to avoid a drone, injuring two crew members in the process. In April, a British Airways aircraft collided with a drone as it prepared to land at London’s Heathrow Airport; fortunately no one was hurt. The FAA indicates there are 3.5 near-misses between drones and aircraft every day in U.S. airspace alone. Continue reading