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Frequently Asked Questions (FAQ)

We understand that estate planning can be complex. Below, we’ve answered some of the most common questions to help you get started. Please note that this information is for general informational purposes only and does not constitute legal advice. Every situation is different, and we recommend scheduling a consultation to address your unique concerns.

  • Do you offer virtual meetings for clients?
    Yes, we offer virtual consultations and meetings for clients. We can connect via phone or video conferencing to discuss your legal needs. If you prefer a virtual appointment, please contact us to schedule a time that works best for you.
  • Is parking available at your office?
    Yes, we offer free on-site parking for our clients and visitors. Our parking lot includes designated wheelchair-accessible spaces and customer parking for your convenience. If you need any assistance upon arrival, please feel free to contact our office.
  • Who are the key attorneys, and what are their backgrounds?
    Underwood Legal, LLC is a solo attorney firm focused exclusively on estate planning, probate, and related legal matters. Matt Underwood, the founding attorney, has been practicing law since 2012 and has dedicated his career to helping individuals and families protect their assets, plan for the future, and navigate the probate process with confidence. With a strong background in estate planning and estate administration, Matt Underwood takes a personalized approach to every client’s legal needs. He understands that estate planning is not just about documents—it’s about providing peace of mind and ensuring that your wishes are carried out smoothly. To learn more about Matt Underwood, his experience, and his approach to estate planning, visit our About Us page or contact us to schedule a consultation.
  • Is your office ADA-compliant?
    Yes, our office is fully ADA compliant and designed to be accessible for all visitors. We offer step-free entry, automatic doors, and ramps for wheelchair access. Inside, our office building features wide hallways, accessible restrooms, and an elevator for multi-floor access. If you require any specific accommodations, please don’t hesitate to contact us in advance, and we will be happy to assist you in making your visit as comfortable as possible.
  • How long has the firm been in practice?
    Underwood Legal, LLC has been proudly serving clients in the Madison, Wisconsin area since 2012. Our firm is dedicated to providing experienced, client-focused legal guidance in estate planning, probate, and related legal matters. With a strong commitment to professionalism, personalized service, and in-depth legal knowledge, we have helped countless individuals and families protect their assets and navigate complex legal processes. If you’d like to learn more about our background and experience, visit our About Us page or contact us to discuss how we can assist you.
  • What is the best way to reach you? Phone, email, or website form?
    The best way to reach us depends on your needs: 📞 Phone: If you have a time-sensitive question or need to schedule an appointment, calling us directly is the fastest way to get in touch. 📧 Email: Ideal for non-urgent inquiries or if you need to send us documents. We strive to respond as promptly as possible. 🖥️ Website Contact Form: If you prefer, you can submit your inquiry through our online contact form, and we will get back to you as soon as possible. If you’re unsure which method to use, feel free to call us first, and we’ll guide you from there!
  • Where can I read reviews from your former clients?
    You can read reviews from our former clients on Google Reviews, Avvo, and Facebook (insert actual links if applicable). We take pride in providing personalized, client-focused legal services, and we encourage you to see what others have said about their experience working with us. If you'd like to hear more about how we can assist you, feel free to schedule a consultation—we’d be happy to help.
  • What documents should I bring to my meeting with my attorney?
    To make the most of your consultation, we recommend bringing the following documents, if available: For Estate Planning Clients: ✅ Current Estate Planning Documents – If you have an existing will, trust, power of attorney, or advance directive, bring copies for review. ✅ List of Assets & Liabilities – A summary of your real estate, bank accounts, investments, retirement accounts, and debts to help structure your estate plan. ✅ Life Insurance & Beneficiary Designations – Copies of policies or beneficiary forms for life insurance and retirement accounts. ✅ List of Key People – Names and contact information for potential executors, trustees, guardians, and power of attorney agents. ✅ Business Ownership Documents – If you own a business, bring operating agreements, buy-sell agreements, or succession planning documents. For Probate & Estate Administration Clients: ✅ Death Certificate – A certified copy if available. ✅ Last Will & Testament – If the deceased had a will, bring the original or a copy. ✅ Trust Documents – If a trust was created, bring copies for review. ✅ Financial Statements & Asset Information – Recent statements from banks, investment accounts, retirement funds, and real estate records. ✅ Debts & Bills of the Estate – A list of outstanding debts, final expenses, and any creditor notices. For Business Clients (Formation, Succession, or Legal Advising): ✅ Business Formation Documents – If applicable, bring your LLC operating agreement, articles of incorporation, or partnership agreements. ✅ Ownership & Succession Plans – Any existing buy-sell agreements, shareholder agreements, or succession planning documents. ✅ Financial Statements & Tax Returns – Recent profit & loss statements, balance sheets, and business tax returns can be helpful. ✅ Contracts & Legal Agreements – Copies of key contracts, leases, vendor agreements, or employee agreements. ✅ Liability & Insurance Policies – Bring any business insurance policies relevant to succession or asset protection. If you’re unsure whether a document is relevant, feel free to bring what you have, and we can help determine what’s necessary. If you don’t have all the documents available, don’t worry—we can still move forward and guide you through the next steps.
  • Do you host estate planning seminars or workshops?
    Yes! We regularly host estate planning seminars and workshops to educate individuals, families, and professionals on the importance of proper planning. Our sessions cover a wide range of topics, from wills and trusts to probate avoidance, Medicaid planning, and asset protection strategies. Request a Private Workshop In addition to our public seminars, we offer customized private workshops for financial advisors, accountants, attorneys, real estate professionals, business owners, and community organizations. These sessions are designed to provide industry-specific insights that help professionals better serve their clients and members. We are available to present at: ✅ Financial advisor and wealth management offices ✅ Accounting firms and tax planning groups ✅ Divorce attorney and family law firms ✅ Real estate agencies and mortgage firms ✅ Senior living communities and caregiver organizations ✅ Business networking groups and chambers of commerce ✅ Churches, nonprofits, and community clubs Estate Planning Topics We Cover We tailor our workshops to the audience’s interests and needs. Some popular topics include: Wills vs. Trusts – Which one is right for you? How to Avoid Probate in Wisconsin Planning for Long-Term Care & Medicaid Eligibility Protecting Assets from Nursing Home Costs Business Succession Planning – Preparing for ownership transitions Estate Planning for Blended Families & Second Marriages How to Minimize Estate Taxes & Preserve Wealth Legal & Financial Planning for Aging Parents Special Needs Planning & Wispact Trusts Asset Protection Strategies for High-Net-Worth Clients What Happens If You Die Without a Will in Wisconsin? Get in Touch If you’re interested in attending a seminar or scheduling a private workshop for your group, contact us today to discuss available dates and topics. We’re happy to provide in-person or virtual presentations based on your needs.
  • Can I contact you via email or phone for quick questions?
    Yes, you are welcome to call or email us with quick questions. We strive to be responsive and provide helpful guidance. However, please note that legal advice cannot be given over the phone or via email unless you are a client of the firm. If your question requires a more detailed response or legal analysis, we may recommend scheduling a consultation to discuss your situation fully. To reach us: 📞 Phone: 608-571-4464 📧 Email: info@underwoodlegal.com If you’re unsure whether a consultation is necessary, feel free to reach out, and we’ll be happy to guide you in the right direction.
  • How do I get to your office? What are the directions to your office?
    Our office is located in an orange brick building. When you enter the parking lot, stay to the right to park on our level. Enter through the main double doors, which will bring you to the second floor. Walk straight to the back, passing the stairs, then turn right. You'll find us down the hallway, just past the restrooms.
  • Where is your office located, and how do I get there?
    We are located conveniently at 2901 West Beltline Highway, Suite 204, Madison, Wisconsin 53713. Our office is located in an orange brick building near the Todd Drive exit off of the Beltline Highway. Parking & Entry: 1. When you turn into the parking lot (first driveway on your left), stay to the right to park on our level for the most direct access. 2. Enter through the main double doors—you’ll already be on the 2nd floor. 3. Walk straight to the back, past the stairs, and turn right. Our office is down that hallway, just past the restrooms. Additional Parking: If parking on our level is full, continue to the end of the lot, turn right, and follow the drive up to the upper-level parking area. From there, take the stairs down to the main front doors to enter the building.
  • Do you have paralegals or support staff who will also work on my case?
    Yes, in addition to your attorney’s direct involvement, our firm has skilled paralegals and support staff who assist with various aspects of your case. This allows us to efficiently manage your legal matter while ensuring you receive high-quality service. Our paralegals and support team may help with: ✅ Document preparation and filing ✅ Gathering and organizing necessary records ✅ Client communication and scheduling ✅ Assisting with probate administration tasks However, your attorney remains actively involved in overseeing all legal work and will provide the critical legal advice and strategy for your case. If you ever have questions about who is handling a specific aspect of your matter, we’re happy to clarify and ensure you feel fully informed throughout the process.
  • What is your philosophy or approach to client service?
    Our philosophy is centered on personalized service, clear communication, and compassionate legal guidance. We understand that estate planning and related legal matters are deeply personal, so we take the time to listen to your concerns, explain your options in plain language, and tailor solutions to fit your unique needs. Our goal is to provide trusted, client-focused legal counsel that gives you peace of mind and confidence in your future planning. Whether you’re creating an estate plan, navigating probate, or seeking legal advice for your business, we are committed to delivering professional, responsive, and results-driven representation.
  • How do you protect my personal and financial information?
    We take privacy and security seriously and use advanced case management systems and technology to safeguard your sensitive information. Our security measures include: Secure Document Storage – Client files are stored in encrypted, access-controlled systems, ensuring only authorized personnel can view them. Data Encryption – Communications and case files are encrypted to prevent unauthorized access. Confidential Communication – We use secure email, encrypted client portals, and protected messaging systems to ensure your sensitive information remains private. Strict Access Controls – Only your assigned attorney and necessary legal staff have access to your case information. Physical Security Measures – For paper documents, we maintain secure filing systems and dispose of confidential materials securely. Remote Security Protocols – For virtual meetings or remote work, we implement multi-factor authentication and use secure cloud-based case management software to protect client information.
  • What are your business hours? Do you offer evening or weekend appointments?
    Our regular business hours are Monday – Thursday, 8:30 AM – 4:30 PM and Friday, 8:30 AM – 12:00 PM. However, we understand that legal matters don’t always fit into a standard schedule. Evening and weekend appointments may be available upon request. If you need a meeting outside of our regular hours, please contact us in advance, and we will do our best to accommodate your needs. Virtual consultations are also available for added flexibility.
  • Do you offer free or paid consultations?
    We offer a free 15-minute phone consultation to discuss your legal needs, explain our process, and review potential options. This allows us to determine whether we are a good fit to work together and provide you with a general understanding of possible next steps and costs. For more detailed legal advice, document reviews, or case-specific strategy discussions, we may recommend scheduling a full consultation, which may be subject to a fee depending on the complexity of the matter. 📞 Interested in a free consultation? Contact us today to schedule your 15-minute call!
  • How is confidentiality maintained? What can I expect from the attorney-client relationship?
    Confidentiality is a cornerstone of the attorney-client relationship. From the moment you consult with us, all communications and information you share are strictly confidential and protected under attorney-client privilege. This means we cannot disclose any details about your case without your consent, except in very limited circumstances required by law. You can expect a professional, ethical, and client-focused relationship where: Your personal and legal matters are handled with discretion and respect. We provide honest, clear legal advice tailored to your unique situation. We act solely in your best interests, advocating for you every step of the way. If you have any concerns about privacy or the attorney-client relationship, we are happy to discuss how we protect your information.
  • How Much Does an Estate Plan Cost?
    Costs vary based on complexity, the documents needed (wills, trusts, POAs, healthcare directives), and your jurisdiction. While it’s an upfront investment, having a professionally prepared estate plan can save your beneficiaries time and money down the road—particularly by avoiding lengthy probate disputes or tax issues.
  • Which payment methods do you accept?
    We accept a variety of payment methods for your convenience, including: Credit & Debit Cards (Visa, MasterCard, American Express, Discover) – Please note that card payments are subject to a 3% processing fee. Checks – Personal and business checks are accepted. Electronic Bank Transfers / ACH Payments – A secure and convenient option without additional fees. Cash Payments – Accepted for in-person transactions. Payment Plans (if applicable) – We may offer structured payment plans for certain legal services. Please inquire for details. If you have any questions about payment options or need assistance, feel free to contact our office.
  • Do you offer payment plans or financing options?
    Yes, we understand that legal services can be a significant investment, and we strive to provide flexible payment options to accommodate our clients' financial needs. Depending on the type of legal service, we may offer: Payment Plans – In some cases, we can arrange structured payment plans that allow you to pay legal fees over time. Retainer-Based Payments – For ongoing legal services, we may accept an initial retainer with payments scheduled as work progresses. If you need a payment plan or financing assistance, please reach out to discuss your situation, and we will do our best to find a solution that works for you.
  • How often do probate hearings occur?
    The frequency of probate hearings depends on the complexity of the case and whether there are any disputes. In most informal probate cases in Wisconsin, a formal court hearing is not required unless issues arise. However, in formal probate proceedings, hearings may be scheduled at various points throughout the process. Typical probate hearings may include: Initial hearing – If required, the court may hold a hearing to formally appoint the personal representative (executor). Dispute or contest hearings – If there are challenges to the will or disagreements among beneficiaries, the court may schedule additional hearings. Final accounting and closing hearing – In some cases, the court may require a hearing before closing the estate, particularly if there are unresolved creditor claims or disputes. If the probate case is straightforward and uncontested, a personal representative can often handle most matters without frequent court appearances. If you are handling a probate estate and are unsure about required hearings, we recommend speaking with an attorney to determine what to expect in your specific case.
  • What is the general timeline for probate from start to finish? How long does probate typically take?
    The probate process in Wisconsin typically takes 6 to 18 months, depending on the complexity of the estate, whether there are disputes, and how efficiently required steps are completed. Below is a general timeline of the probate process: 1. Filing the Probate Case (0-2 months) The personal representative (executor) files the will (if there is one) and a petition for probate in the appropriate Wisconsin county court. If there is no will, the court will appoint a personal representative based on Wisconsin intestacy laws. The court issues letters of authority, granting the personal representative legal power to manage the estate. 2. Notifying Heirs & Creditors (1-3 months) The personal representative notifies heirs, beneficiaries, and creditors of the probate proceedings. Creditors have at least 3 months from the date of notice publication to file claims against the estate. 3. Inventory & Valuation of Assets (2-6 months) The personal representative collects, values, and reports all probate assets to the court. Appraisals may be required for real estate, business interests, or valuable property. 4. Paying Debts & Taxes (3-9 months) The estate must pay outstanding debts, final income taxes, and any applicable estate taxes. If there are disputes or insufficient funds, this stage may take longer. 5. Final Accounting & Court Approval (6-12 months) The personal representative files a final accounting with the court, showing how the estate has been managed. If all debts and taxes are resolved and there are no objections, the court approves the final distribution plan. 6. Distributing Assets & Closing Probate (9-18 months) After court approval, the remaining assets are distributed to heirs and beneficiaries. The personal representative files a petition to close probate, and the court formally closes the case. What Can Delay Probate? Probate may take longer than 18 months if: ❌ There are disputes over the will or inheritance. ❌ The estate involves complex assets (e.g., business ownership, out-of-state property). ❌ Creditors or tax authorities delay debt resolution. ❌ The personal representative fails to complete required filings on time. Are There Faster Alternatives? ✅ Small Estates: If the estate is under $50,000, assets may be transferred using a Transfer by Affidavit, avoiding formal probate. ✅ Trust Planning: If assets were placed in a revocable living trust, probate may be unnecessary or significantly streamlined. If you need guidance on Wisconsin’s probate process or want to explore ways to simplify or avoid probate, we’re here to help. Schedule a consultation to discuss your options.
  • Will I need to go to court for my estate planning or probate case?
    For Estate Planning: No, you typically do not need to go to court when creating an estate plan. We help you prepare legally binding documents—such as wills, trusts, and powers of attorney—so that your affairs are handled smoothly without court involvement. For Probate: In most informal probate cases, court appearances are rarely required. However, if the probate process is contested, involves disputes, or requires a formal probate proceeding, court appearances may be necessary. If you have concerns about whether probate will require court involvement, we recommend discussing your specific situation with an attorney to understand your options and what to expect.
  • What is the purpose of probate?
    Probate is the legal process of settling a deceased person’s estate and ensuring their assets are properly distributed according to their will or, if there is no will, according to Wisconsin intestacy laws. The probate process is supervised by the court and serves several key purposes: Validating the Will – If the deceased had a will, the court confirms its authenticity and ensures it meets Wisconsin’s legal requirements. Appointing a Personal Representative – The court formally appoints an executor or personal representative to handle the estate’s administration. Identifying & Inventorying Assets – All probate assets must be accounted for and valued before distribution. Paying Debts & Taxes – The estate must settle outstanding debts, funeral expenses, and applicable taxes before beneficiaries receive their inheritances. Distributing Assets to Heirs & Beneficiaries – After debts and expenses are resolved, the remaining assets are transferred according to the will or state law if no will exists. Does Every Estate Go Through Probate in Wisconsin? Not necessarily. Small estates (valued under $50,000) may qualify for simplified procedures, such as the Transfer by Affidavit process. Additionally, certain assets bypass probate if they are held in: ✅ Joint ownership with rights of survivorship ✅ Beneficiary-designated accounts (e.g., life insurance, retirement funds, payable-on-death accounts) ✅ Revocable living trusts How do you Minimize Probate? Many people create an estate plan to reduce or avoid probate delays and costs. Tools such as trusts, beneficiary designations, and joint ownership strategies can help keep assets out of probate and streamline the transition for loved ones. If you have questions about whether probate is required or how to structure your estate plan to minimize court involvement, we are happy to help. Schedule a consultation to discuss your options.
  • What are the potential drawbacks of probate?
    While probate is a necessary legal process in many cases, it does come with certain drawbacks that can make it time-consuming, expensive, and stressful for heirs. Some of the key downsides include: 1. Time-Consuming Process Probate in Wisconsin typically takes 6 to 18 months, but it can take longer if there are disputes, complex assets, or court delays. Beneficiaries often have to wait months—or even years—before receiving their inheritance. 2. Costly Fees & Expenses Probate comes with various costs, including: ✅ Court filing fees ✅ Attorney fees (if legal assistance is required) ✅ Executor compensation ✅ Appraisal & accounting fees These expenses can reduce the value of the estate before it reaches beneficiaries. 3. Lack of Privacy Probate is a public court process, meaning anyone can access records about the estate, including: The value of assets The names of heirs/beneficiaries Any claims filed against the estate This can lead to unwanted attention, creditor claims, or even family disputes. 4. Potential for Disputes & Delays Probate can lead to family conflicts, especially if: Heirs disagree on asset distribution. Someone contests the will, claiming it was improperly executed or influenced. Creditors challenge the estate, leading to delays and legal battles. 5. Court Oversight & Complexity The personal representative (executor) must follow strict legal procedures, including: Filing inventory reports and financial statements with the court. Obtaining court approval before making certain decisions. If mistakes are made, it can prolong the process and create legal complications. How to Avoid or Minimize Probate? There are several estate planning strategies to reduce probate’s impact or avoid it altogether: ✅ Revocable Living Trusts – Assets placed in a trust pass directly to beneficiaries without probate. ✅ Beneficiary Designations – Retirement accounts, life insurance policies, and payable-on-death accounts bypass probate. ✅ Joint Ownership with Rights of Survivorship – Property automatically transfers to the surviving owner. ✅ Small Estate Procedures – If the estate is under $50,000, it may qualify for a simplified transfer process. If you want to avoid probate’s downsides and ensure a smoother transfer of your assets, schedule a consultation with our office to explore your options.
  • How do I protect my assets from nursing home costs?
    Nursing home care can be extremely expensive, but with proper planning, you can protect your assets while ensuring you receive the care you need. Here are some key strategies to help safeguard your wealth from long-term care costs: 1. Create an Irrevocable Medicaid Asset Protection Trust Assets placed in a Medicaid Asset Protection Trust (MAPT) at least 5 years before applying for Medicaid are not counted as part of your resources, helping you qualify for benefits while preserving your wealth for your heirs. This trust allows you to retain income from your assets but prevents direct access to the principal. 2. Use Long-Term Care Insurance Purchasing a long-term care insurance policy can help cover nursing home or in-home care expenses, reducing the need to spend down your personal assets. Some policies also include hybrid life insurance options with long-term care benefits. 3. Strategic Gifting & Transfers (With Caution!) Gifting assets to loved ones or transferring property out of your name can help reduce countable assets, but it must be done carefully to avoid Medicaid's 5-year lookback period, which can result in penalties and delayed benefits. Proper legal guidance is essential before making any transfers. 4. Convert Countable Assets into Exempt Assets Certain assets, such as your primary residence (up to a certain value in Wisconsin), prepaid funeral plans, and personal belongings, may be exempt from Medicaid calculations. Converting cash or other non-exempt assets into exempt property can help with Medicaid eligibility while preserving your resources. 5. Spousal Protections If one spouse needs nursing home care, the Community Spouse Resource Allowance (CSRA) allows the healthy spouse to keep a portion of the couple’s assets without spending everything down. Legal planning can help maximize the assets retained by the non-applicant spouse. 6. Establish a Legal Plan Before You Need Care Proactive planning is crucial—last-minute attempts to transfer assets can result in Medicaid penalties. By working with an experienced estate planning and elder law attorney, you can develop a strategy that aligns with Medicaid rules while protecting your legacy. When Should You Start Planning? ✅ The earlier, the better—ideally at least five years before needing long-term care. ✅ If nursing home care is imminent, there may still be crisis planning options available to protect some assets. 📅 Want to explore asset protection strategies? Schedule a consultation today to create a plan that ensures you receive care while preserving your estate for your loved ones.
  • When Should I Start Estate Planning?
    It’s wise to begin estate planning as soon as you have assets or dependents—often in early adulthood or upon marriage. Major life events—such as buying a home, having children, or starting a business—are also good prompts to create or update your plan. An estate plan isn’t just for the wealthy; it’s for anyone who wants control over their affairs and peace of mind.
  • What Happens if I Die Without a Will?
    Dying intestate (without a will) means your state’s intestacy laws will determine who inherits your assets. This can lead to unintended distributions—often to immediate relatives. It also leaves you with no say in guardianship for minor children. A properly executed will ensures your choices guide asset distribution and guardianship arrangements.
  • Why should I hire an estate planning attorney when I can create a will or trust online?
    While online estate planning services may seem like a cost-effective and convenient option, they often fail to account for the complexities of estate laws, your unique family situation, and potential pitfalls that could lead to costly mistakes down the road. Why Work with an Estate Planning Attorney? 1. Customized Legal Advice – Online forms use a one-size-fits-all approach and may not reflect your specific goals, assets, or family dynamics. An experienced estate planning attorney provides personalized guidance tailored to your needs. 2. Compliance with State Laws – Estate planning laws vary by state, and generic online templates may not meet your state's legal requirements. This can lead to documents being invalidated in court. 3. Avoiding Costly Mistakes – Errors in online wills and trusts often go unnoticed until it’s too late, leaving loved ones with legal disputes, delays, and unnecessary expenses in probate. 4. Proper Execution & Formalities – Many online services do not properly explain signing, witnessing, and notarization requirements, which can render your documents unenforceable. 5. Comprehensive Planning Beyond a Will – Estate planning isn’t just about drafting a will—it also involves: Powers of Attorney for financial and healthcare decisions. Trusts to avoid probate or protect minor/disabled beneficiaries. Beneficiary Designations and asset titling considerations. Minimizing estate taxes and liabilities. 6. Guidance for Estate Administration – If your estate plan isn’t properly structured, your family may face complex probate issues or unexpected disputes. An attorney ensures your documents align with your assets and long-term goals. The Pitfalls of Online Estate Planning Services ❌ Outdated or Incomplete Documents – Online forms don’t adapt to changing laws or your evolving financial situation. ❌ No Legal Oversight – Errors may only be discovered when it's too late to fix them. ❌ Family Disputes & Probate Delays – A poorly drafted plan can lead to legal battles, contested wills, and unnecessary court involvement. ❌ Lack of Flexibility – Online services can’t help with blended families, special needs planning, or unique asset structures. Investing in Peace of Mind Hiring an estate planning attorney is an investment in your family’s future. With legal expertise, you gain a comprehensive, legally sound plan that ensures your wishes are honored and your loved ones are protected—without unnecessary legal challenges. If you’re considering estate planning, we invite you to schedule a consultation to discuss how we can create a plan tailored to your needs.
  • What’s the Difference Between a Will and a Trust?
    A will (Last Will and Testament) outlines how you want your assets distributed after death. However, assets distributed through a will typically go through probate, which can be time-consuming. A trust is a legal entity that holds and manages assets, allowing beneficiaries to receive them without going through probate in most cases. Trusts can also offer added privacy, estate tax benefits, and more control over asset distribution.
  • What Is Estate Planning, and Why Is It Important?
    Estate planning is the process of arranging for the management and distribution of your assets after you pass away or become incapacitated. It typically involves creating documents like wills, trusts, and powers of attorney. A solid estate plan ensures your wishes are carried out, provides for loved ones, and can minimize taxes and legal complications.
  • Do I Need to Update My Estate Plan Regularly?
    Yes. It’s best to review and update your estate plan after major life events—such as marriage, divorce, the birth of a child, or moving to a new state—or at least every 3–5 years. Laws change over time, and your goals or family situation may shift, so periodic reviews help ensure your documents remain accurate and valid.
  • What Is a Living Will or Advance Healthcare Directive?
    A Living Will or Advance Healthcare Directive outlines your medical care preferences should you become incapacitated and unable to communicate. It typically addresses whether you want life-sustaining treatments, organ donation, or other specific instructions. Having this document ensures healthcare decisions align with your wishes and relieves loved ones from guessing your preferences.
  • Where should I store my original will or trust documents?
    It is essential to store your original will and trust documents in a safe yet accessible location. We recommend the following options: ✅ A Fireproof & Waterproof Safe – Keep your documents in a secure, fireproof, and waterproof home safe that your trusted executor, trustee, or family members can access if needed. ✅ Safe Deposit Box (With Caution) – If you choose to store your will in a bank safe deposit box, make sure your executor or trustee has legal access to it; otherwise, they may need a court order to retrieve it. ✅ With a Trusted Individual – Some people give originals or copies to their executor, trustee, or a family member, but this depends on personal preference. Important: Wherever you store your documents, make sure your executor or trustee knows where to find them and how to access them when the time comes. Copies of the will are not legally valid for probate, so having access to the original document is critical. If you need guidance on proper document storage, we’re happy to discuss options during your estate planning process.
  • What Is a Power of Attorney and Why Do I Need One?
    A Power of Attorney (POA) allows you to designate someone (an “agent”) to handle financial or legal matters on your behalf if you become unable to do so. Without a POA, loved ones may face court proceedings to gain authority over your affairs. Having a clear POA helps avoid delays and protects your interests if you’re incapacitated.
  • How long does it take to prepare and finalize an estate plan?
    The timeline for completing an estate plan depends on the complexity of your situation, but most estate plans are finalized within 6 to 8 weeks. Our process includes several key steps: 1️⃣ Initial Consultation – We begin with a free 15-minute phone consultation to discuss your goals, potential options, and costs. If you decide to move forward, we schedule a detailed design meeting to outline your estate plan. 2️⃣ Design Meeting(s) – During this meeting, we customize your plan based on your assets, family dynamics, and long-term wishes. More complex cases may require additional discussions. 3️⃣ Drafting Legal Documents – After finalizing your design choices, we prepare your estate planning documents, including wills, trusts, powers of attorney, and advance directives. This step typically takes 2-4 weeks depending on complexity. 4️⃣ Reviewing Documents – You will have the opportunity to review your documents and request any revisions before signing. 5️⃣ Signing & Execution – Once everything is finalized, we schedule a signing appointment where your documents are properly executed in compliance with Wisconsin law. 🔹 While most estate plans are completed within 6-8 weeks, this timeline may vary depending on complexity, scheduling availability, and necessary revisions. If you have an urgent need due to travel, health concerns, or other circumstances, we can discuss expedited options to accommodate your situation. If you're ready to start your estate planning journey, schedule a consultation today!
  • How Do I Get Started with Estate Planning?
    Take Inventory: List assets (bank accounts, property, investments). Identify Goals: Consider beneficiaries, guardians for minors, and healthcare wishes. Consult an Attorney: Working with an estate planning lawyer ensures personalized advice and compliance with state laws. Create or Update Documents: Draft and sign your will, trusts, POAs, and directives. Review Periodically: Keep your plan current as circumstances and laws change.
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