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This week I've read The American Bar Association's Guide to Wills and Estates: Everything you need to know about wills, estates, trusts, and taxes. (3rd edition) . After reading the book I was not certain if it was meant to be a "do-it-yourself" book or simply an educational read. Sadly, it does neither particularly well. For example, it launches into a discussion of non-probate property before giving the reader a sound explanation of what non-probate property it. Overall I felt the presentation of material was disjointed and far to encompassing. Some chapters, such as Estate Planning for Business Owners, could be book in itself. The book does offer some great web sources on page 10 as well as a check-list at the end. I also enjoyed the hypothetical situations, designed to urge the reader to take action. Lawyers are trained to foresee the worse case scenario, and the authors really out did themselves. Overall, it is a mildly useful read if you want to gather in...

Recently I came across a 2005 New Yorker parody piece "Living Will" by Paul Rudnick . A great dose of humor to an otherwise difficult and sad topic. What is a living will? In Wisconsin they are also called a Declaration to Physician, which I feel is a much clearer title. Essentially it is a document that tells your medical team what you want to happen if you are in an "end of life" state. Without it your loved ones are left to guess, and those guesses may or may not be followed. Take care, put your wishes on paper, and it is a true gift to your loved ones. If you still find it a hard topic to address, read Rudnick's piece , and then dive into yours. I personally love number 1 and 12. Remember, a blog post is no substitute for an attorney. Please seek advice from a licensed attorney in your home state.

Transfer on death deeds are a great alternative to living revocable trusts in that they allow you to leave real estate outside of probate. One draw back is that you must name specific people, not a class, and there is no contingency planning. Either way, they are worth a closer examination if they are an option in your state. According to Nolo.com, the following currently offer Transfer on Death Deeds: Arizona; Arkansas; Colorado; Indiana; Kansas; Minnesota; Missouri; Montana; Nevada; New Mexico; Ohio; Oklahoma; and Wisconsin Remember, blog post is not legal advice. Please consult with an attorney licensed in your state for advice specific to your situation.

Looking for some free information on issues related to estate planning and probate? If so, you are welcome to attend a free seminar, open to the public, which will cover wills, trusts, and other important documents. I will be giving the presentation, and details are on the web site for Gustafson Law Office . Thursday, December 1st 6pm -8pm Hosted by WWBIC at the Sun Prairie Public Library Get a head start on your new years resolution to get your affairs in order!

I am taking the day off from law and blogging to enjoy the holiday with my family. I am sharing a favorite photo, one I took a few years ago. As we prepare to say good-bye to Fall and hello to Winter, may be pause and give thanks.

Today I am posting a review that I wrote for the Wisconsin Lawyer Magazine in December 2008 of the book Alive and Kicking: Legal Advice for Boomers by Kenney F. Hegland and Robert B. Fleming . Enjoy. Short, concise chapters on a wide variety of issues, Alive and Kicking is a useful book for any lawyer who works with today’s Boomers. Chapters address issues ranging from estate planning to identity theft to Social Security as well as divorce and remarriage. Written for the Boomer, as opposed to attorneys, the book offers straightforward insight into the issues faced as people age. The primary strength of the book is its ability to serve as a quick and handy reference guide to the common issues older clients might raise in the course of representation. While it is not wise to practice outside of your given emphasis, estate planning for example, no lawyer wants to answer a client’s inquiry with “I have no idea”. Alive and Kicking can serve as a quick reference to address a client’s...

As an estate planning and probate attorney in Wisconsin, I am a member of a list serve for fellow attorneys across the state. The other day I saw a rather amusing response to a post about the logistics of scattering ashes in Wisconsin: "I learned the hard way how NOT to scatter ashes....into the wind." -anonymous. The response was amusing, but it is a question that pops up all the time. Can I scatter ashes at x,y,z? According to the book, Final Rights: Reclaiming the American Way of Death by Slocum and Carlson, there are no specific laws restricting the scattering or depositing of ashes in Wisconsin beyond the fact that if it is on a cemetery's grounds, you need cemetery approval. I assume this would extend to other organizations that may have concerns for being a final resting spot. If there was a question on Family Feud about the top 5 locations for scattering location in Wisconsin I would wager a bet number one would be Lambeau Field . What is your guess? Rememb...