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Sibling closeness I, as a mother and estate planning attorney, seek to preserve.  Take control and let them know your wishes.  If not, unpleasant disputes tend to arise. As the mother of two young children and as an estate planning and probate attorney, I can tell you that the "stuff" in your life is most likely to ignite sibling rivalry when you die.  From jewelry to collectibles to hunting gear -- the items that hold little to no monetary value often ignite the most intense disputes when a loved one dies. And apparently leaving tangible personal property, what we in the legal practice call your TPP, is the number one thing Baby Boomers care about leaving at death , not money.  Who gets what, that is the essential question.  When I work with my clients documents generally say "I may create an inventory form the disposes of my tangible personal property" , if so, the personal representative is obligated to distribute accordingly.  And then I add t...

The Badger State (aka Wisconsin) is known for many things: die hard Packer fans; cheese; cows, just to name a few.  Low taxes are not something Wisconsinites associate with this verdant state in the heart of our country -- especially at the moment when property tax bills arrive in mail boxes.  But in the area of probate, we rank towards the bottom. Here in Wisconsin the fee (or tax) assessed on a probate is 0.2 percent. That is zero point two!  In other states it is as high as 8 or 10 percent.  The fee is assessed on the total inventory of a probate estate, things outside of probate are not subject to the fee.  Even though it is quite low when compared with other venues, routinely I receive calls on "how to avoid probate".  There are options: Give it away during life.  If you do not own it at death, the tax does not apply.  This can be tricky on several levels.  One, you do not know how long you will live and cannot be certain how m...

Looking for motivation to face the question of your illness and or death?  Look no farther than the word "control".  That is what I tell audiences when I speak on the topic of estate planning.  It's about taking control.  If you do not, you are leaving key decisions to be made by someone other than yourself.  For some, this is what they need to hear to plow forward into writing powers of attorney and a will.  For others, no amount of prep talk will work, giving rise to the yin and yang of estate planning.  For every person resistant to completing papers, there is a loved one urging them on. No matter how eager a loved one may be for you to complete your estate plan, they cannot force it to be done.  Over the weekend I spoke at our church and referenced the fact that we are assisting my mother with some stressful health issues.  Afterwards another member approached me about being in the "sandwich generation" and wondered what she could do...

Lawyers are suppose to give back to their communities, and one of my favorite vehicles for meeting this obligation is to provide free, education seminars on the topics of wills, powers of attorney, trusts, probate and related issues. My speaking engagements for 2013 have come to an end, but there are already several for 2014 on my calendar.  Most are two hours in length, sponsored by a local nonprofit entity, and are free and open to the public.  Take a look, sign up, and start the new year informed and in control.  Details are posted on the events page of the firm web site.  Click here for a link.

Today marks the 2nd annual #GivingTuesday, an international effort to encourage people to give back during the holiday season.  In celebration of this nonprofit fundraising spirit, I will be holding my first ever book reading of Middle Class Philanthropist: How anyone can leave a legacy.  Join me at 6:30pm, Mystery to Me books on Monroe Street here in Madison.  There will be hot cider, cookies, and charitable inspiration! If you cannot make it, check the book out on-line by visiting the publishing web site , Goodreads, or various on-line book sellers.  Everyone can make a difference, and it is the size of our hearts that matters, not our wallets.