Wills, Trusts & Estates

Practicing Attorneys

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Estate Planning involves much more than preparation of a will or trust document. The planning process includes discussions such as who should make medical and financial decisions for you in the event you become incapacitated? Who do you want in charge of settling the affairs of your estate? Who should inherit from you at the time of your death, and what should the timing be on the distribution of the inheritances? In addition, are there beneficiaries who are to be receiving an inheritance that have special needs or other issues which need to be analyzed? These are all difficult questions to address but are an important part of the estate planning process. Attorneys use tools such as power of attorney documents, wills, and trusts to address these various issues.
Estate plans may need to be revised. Maybe there are changes in the family, such as someone gets married, has children, or a family member passes away. These are all reasons to revisit your plan. Other reasons to revise might include: someone needs long term care unexpectedly, or powers of attorney were missed in your estate plan, and guardianship is needed.

For all these concerns, contact an estate planning/elder law attorney at One Law Group, S.C. We have attorneys with years of experience who can answer all your questions regarding these and any other estate planning issues you may have.

Contact One Law Group, S.C. at 866-525-5200 for a complimentary consultation. 

We can assist you with:

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Elder Law

You may need an Elder Law Attorney for a variety of reasons. If you have a family member needing long term care, you may wish to consult with one of our elder law attorneys to determine how best to finance this care, while protecting your nest egg from the devastating cost frequently associated with this situation. You may also need an Elder Law Attorney to set up a special needs trust to maintain eligibility for public benefit programs while providing management of assets for the individual with special needs.

Estate Litigation

In the event there is disagreement in the settling of an estate; you may need special guidance to help obtain a favorable outcome.

Estate Planning

Estate planning is not just for wealthy individuals. Everyone should have at least a basic plan, providing for who will make medical and financial decisions for you if you become incapacitated, and who will be the guardian for any minor children in the event you pass away.
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Guardianships

In the event, you are no longer competent to make your own medical/financial decisions, but you do not have power of attorney documents in place, it may be necessary to have a court-appointed guardian named for this purpose.

Long Term Care Planning

Whether you receive care in your own home, an assisted living facility, or a skilled nursing facility, cost is always a factor. The maze of public benefit programs and the complexity of these programs require the special skills of an elder law attorney to secure the most favorable outcome.
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Probate

This is the legal process which an individual utilizes to monitor the transfer of assets from the deceased to the appropriate beneficiaries. Understand that having a Will in place does not avoid the probate process. There are many legal and tax issues you will need to be aware of to ensure an estate is handled properly.
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Retirement Planning

Building wealth throughout life is an important step to a comfortable retirement. However, it is just as important to have a plan in place to manage this wealth if you become incapacitated and to plan for the distribution of your nest egg when you pass away.

Special Needs Planning

You may have a family member with special needs, caused by developmental disability, physical or mental illness, drug or alcohol addiction, or any combination of these issues. In the event the individual with special needs is also receiving public benefits, such as Family Care or Medical Assistance, you should consult with an attorney well versed in such trusts. These trusts can help maintain eligibility for public benefits while improving the life of the family member with special needs.

Trust Administration

There are many types of trusts utilized for a variety of different reasons. An attorney will help you choose the correct type for what you are trying to accomplish.

Veterans Benefits

Veterans who meet certain military service requirements, as well as asset and income rules, can qualify for a monthly pension to assist paying for long term care costs at home, in assisted living facilities and nursing homes. Choose your advisor wisely as an individual assisting with the preparation, presentation, and prosecution of such claims must be accredited by the Veteran’s Administration.
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Will & Trusts

Both Wills and Trusts ultimately accomplish the same thing at the date of death, in that they both dictate who will inherit your estate and how assets will be disbursed to the named beneficiaries. However, Wills go through the probate process, while trusts do not. Be certain you understand why one may be better for you than the other. 

Frequently Asked Questions

  • What is a will?

    A will is a legally binding statement directing who will receive your property at your death. It also appoints a legal representative to carry out your wishes. However, the will covers only probate property. Many types of property or forms of ownership pass outside of probate. Jointly owned property, property in trust, life insurance proceeds, and property with a named beneficiary, such as IRAs or 401(k) plans, all pass outside of probate.

  • Why would I need a guardian or conservator?

    Every adult is assumed to be capable of making his or her own decisions unless a court determines otherwise. If an adult becomes incapable of making responsible decisions, the court will appoint a substitute decision-maker, often called a "guardian," or sometimes called a "conservator." Guardianship is a legal relationship between a competent adult (the "guardian") and a person who, because of incapacity, is no longer able to take care of his or her own affairs (the "ward").


    A guardian is authorized to make legal, financial, and health care decisions for the ward. Depending on the terms of the guardianship, the guardian may or may not have to seek court approval for various decisions.


    Some incapacitated individuals can make responsible decisions in some areas of their lives but not others. In such cases, the court may give the guardian decision making power over only those areas in which the incapacitated person is unable to make responsible decisions (a so-called "limited guardianship"). In other words, the guardian may exercise only those rights that have been removed from the ward and delegated to the guardian.

  • What is an advance directive?

    The term "Advance Directive" refers to treatment preferences and the designation of a surrogate decision-maker if a person should become unable to make medical decisions on her or his own behalf.


    Advance directives generally fall into three categories: living will, power of attorney, and health care proxy.

For further information about  One Law Group, S.C. or to schedule a consultation, call one of our locations. Clients near De Pere call  920-336-5766. Near  Appleton, 920-931-3942, and clients near Lakewood, call 715-276-6599.