Probate and Trust Administration

“Probate” is the court process of administering someone’s estate after they die.

Generally speaking, this means filing certain paperwork with the court, getting someone formally appointed as an executor or “personal representative,” and then handling the tasks necessary to pay bills and distribute assets to the people entitled to them. Most probates fall into the category of “informal probate,” meaning most, if not all, court tasks happen via electronic filing without actually going into a courtroom.

One big misconception that people have is that if they have a will, they will not need a probate. The truth is that if your only estate planning is a will, your estate will probably require a probate, since wills are only effective in probate court. We can help you understand this and avoid making major mistakes.

Probates are needed any time a person dies with $50,000 or more in assets and does not have proper planning in place to avoid probate. A probate could also be necessary in other cases, like where a person was killed in an accident, and a personal injury case needs to be pursued after the person is deceased.

In some cases, a probate is not necessary because an individual created and funded a trust prior to death. In those cases, we help clients with trust administration. Trust administration involves many of the same tasks as probate, but usually without the involvement of the courts. Instead of filing paperwork in court, a trustee is appointed to gather assets, pay expenses, and distribute assets to the intended beneficiaries. When our client is the trustee, we help that person understand and execute their fiduciary duties. When our client is one of the trust beneficiaries, we help make sure their rights as a beneficiary are respected and enforced.

Sometimes, trust administrations do end up in court if there is a problem with the trust or the trustee. Likewise, sometimes, “informal probate” turns into “formal probate” because there is some sort of disagreement between beneficiaries, or some sort of creditor issue. These types of cases are referred to as “fiduciary litigation,” and can be more complicated than a standard probate or trust administration. For these cases in particular, an attorney experienced in fiduciary litigation is essential to the success of a case. The attorneys at Wessels & Liebau have that critical litigation experience.

We handle probates in Washington County, Waukesha County, Ozaukee County, Sheboygan County, Milwaukee County and other counties, and we handle trust administration cases throughout Wisconsin. Contact us today.