Milwaukee Probate Lawyer

Wisconsin Attorney Will and Testament Attorney

When a loved one passes away, the last thing anyone wants to deal with is the legal procedures associated with distributing the estate. Often, with proper estate planning people can avoid this process known as probate altogether or probate can proceed much easier. At the law office of Schneiderman & Schneiderman, LLC, I can help you with all of your probate and estate distribution needs to help make the process easier and more efficient.

Ways to Avoid Probate

For many people, estate planning can help avoid probate later on through a variety of different means. By carefully drafting trusts, assets can pass to heirs without the use of probate. A well drafted testamentary trust or will can help avoid probate and provide for the quick distribution of assets upon death.

You can also transfer assets for real estate by using a transfer on death deed, which would also avoid needing the probate court. Additionally, transfers on death can also be set up for any type of bank account with your bank, credit union, or savings and loan institution. I can help analyze your situation thoroughly and help you set up these planning tools.

Two Types of Probate

If your estate must go through probate in Wisconsin, there are two types of probate.

In an informal probate proceeding:

• The process is less costly.
• All heirs must agree to the distributions that will be made.
• Only one initial hearing is held and this is for the application of informal probate being presented.

A formal probate includes:

• An initial hearing before a judge; assisted registered probate must be filed.
• More formal papers are required, including a formal accounting that must be approved by the court.

I have extensive experience helping families with both types of probate. I can also help you with all summary procedures such as the transfer by affidavit of small estates, where the total value of the estate is under $50,000. I routinely help with summary assignments for certain types of estates and summary transfers.

Probate Litigation

In the event that a dispute does arise, I can help represent you in any probate litigation. This may include when creditors file claims and the heirs object. This may happen when the personal representative assigned to the estate sends out the required letters notifying all known creditors that they have a set amount of time to file a claim on the estate. If a creditor misses this deadline, the estate can object to the payment of the claim and litigation may ensue. I can help represent the estate's interest.

The right combination of estate planning documents and strategic steps can avoid probate or make the process much smoother. If you have questions about the probate process, please do not hesitate to call 414-352-5666 or contact me online to schedule a free initial consultation and discuss your situation.

Schneiderman & Schneiderman, LLC

8989 North Port Washington Road
Suite 201
Milwaukee, WI 53217
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Mailing Address
PO Box 170816
Milwaukee, WI 53217

At Schneiderman & Schneiderman, LLC, I represent clients throughout the Milwaukee area, including those in Brown Deer, Fox Point, Milwaukee, Mequon, River Hills, Shorewood, Brookfield, Wauwatosa, Menomonee Falls, New Berlin, Glendale, Bayside, Milwaukee County, Waukesha County, Ozaukee County, Washington County, Racine County, Kenosha County and Walworth County.