Best Probate Lawyers in Waukesha

FAQs

• What is the non-emergency contact number for the local police station in Waukesha, Wisconsin?

  Non-emergency matters can be reported to the Waukesha police at 262-524-3831.

• Where can I get a copy of police reports for incidents related to my case in Waukesha, Wisconsin?

  You can request copies of documents related to your case by making an Open Records Request to the Waukesha police. Please fill out this form: https://waukesha.readyop.com/fs/4ck1/08e5.

• Do all probate proceedings in Waukesha need to undergo trial?

  Probate proceedings in Waukesha do not always have to go through a trial. A decedent’s assets can be administered using informal procedures overseen by a probate registrar. Informal probate is more often utilized in Wisconsin compared to formal probate administration, which is required by law for more complex cases. Even in formal proceedings, the court can consider waiving a hearing if the petitioner explains through a written request why it is unnecessary.

• What happens if you listed your married name in the proof of heirship but your mother actually used your maiden name in her will in Waukesha?

  If your name appears differently on your mother’s will and the proof of heirship, you will be asked by the probate office in Waukesha to explain the discrepancy through an affidavit. If you fail to provide an affidavit, the court can refuse to release letters of administration. Confusing details in wills need to be cleared up before moving forward in the probate process.

• Do you need to go to court in Waukesha to collect your deceased father’s assets worth $35,000?

  You may no longer need to go to court in Waukesha if your father left behind $35,000 in assets. Wisconsin allows transferring small estates through an affidavit if the gross value is $50,000 or less. This way, you can have access to his bank accounts, real properties, and insurance policies without going to court. Please consult a lawyer for proper guidance regarding this process.

• What can you do to secure your minor children’s future in Waukesha if your husband does not like the idea of leaving a will?

  Apart from persuading your husband to prepare a will, you can consult an attorney in Waukesha about leaving one yourself. Through your will, you can appoint a person to serve as your children’s legal guardian should anything happen to you or your husband. The court mostly honors such recommendations. It also prevents potential contests over the guardianship of your kids.

• Your deceased parents in Waukesha left behind numerous debts on top of their assets. Who takes care of these?

  The executor or representative, whether named in your parents’ will or appointed by the Waukesha probate court, will take care of the estate’s outstanding debts. They first need to identify your parents’ assets, classify them as probate and non-probate, and create an inventory before squaring off debts, taxes, and creditors’ financial claims.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.