Milwaukee Probate Attorney for Estate Administration

Compassionate Probate Lawyer Assisting Executors in Milwaukee, WI

Following a person's death, their final affairs will need to be settled. The executor of their estate will complete the legal process of probate, which involves filing their will in court and making sure all of their property is distributed to their beneficiaries. The executor will need to follow the correct steps to ensure that the probate process is completed in accordance with state law. Because of the complexities of this process, it is important to work with a legal professional to address all estate-related issues.

Navigating the probate process can be daunting, especially during a time of grief. At Mallery s.c., our attorneys can provide invaluable assistance by guiding the executor through each step, ensuring that they comply with all legal requirements, and helping to resolve any disputes that may arise. We provide our clients with compassionate, skilled legal support, focusing on achieving results that respect the wishes of the deceased and the interests of the beneficiaries. We aim to make the probate process as smooth and stress-free as possible for everyone involved.

Steps in the Wisconsin Probate Process

1. Filing a petition: The probate process begins with a petition to open a case in probate court. The executor named in a will usually files this petition, but if a person did not have a will, a close family member or interested party may file the petition and ask the court to name a personal representative of the estate.
2. Validating the will: If the deceased left a will, the court must verify that it is legally binding and was created according to Wisconsin law. The validation process may include proving that the will was signed by the deceased and witnessed appropriately.
3. Appointing an executor or personal representative: The court will appoint a person to manage the estate. The executor or personal representative is responsible for gathering and protecting the estate's assets and ensuring that the personal affairs of the deceased will be handled correctly.
4. Inventory and appraisal: The executor must take an inventory of the deceased's assets and have them appraised to determine their value. This inventory typically includes assets such as real estate property, personal belongings, financial accounts, and anything else owned by the deceased. The inventory must be filed with the probate court and may be subject to court approval.
5. Paying taxes and debts: The executor is responsible for paying any taxes owed by the estate. They will also notify creditors of the probate proceedings and resolve any claims against the estate.
6. Distributing assets: After resolving all financial obligations, the executor will distribute the estate's remaining assets based on the instructions provided in the will. If there is no will, the estate will be distributed according to Wisconsin intestacy laws. Once all assets have been distributed and all affairs have been wrapped up, the probate case will be closed.

Requirements for the Executor of an Estate

Serving as an executor is a significant responsibility that comes with several legal obligations, including:

• Fiduciary duty: The executor has a legal duty to protect the interests of the estate and its beneficiaries. This means managing the estate's assets prudently and fairly and ensuring that they are distributed according to the instructions provided by the deceased.
• Record-keeping: The executor must keep detailed records of an estate's assets and all payments and distributions made during the probate process.
• Reporting to the court: Regular reports must be filed with the probate court, detailing the estate's assets, debts, and the progress of the probate process.
• Communication with beneficiaries: The executor should keep beneficiaries informed about the status of the probate process and address any concerns they may have.

How an Attorney Can Assist During the Probate Process

The experienced team at Mallery s.c. can provide essential assistance throughout the probate process by:

• Guiding executors: We can help executors understand their duties and responsibilities and ensure that they comply with their legal requirements and deadlines.
• Preparing and filing documents: We can assist with preparing and filing the necessary probate documents, including the petition to open probate, the inventory of assets, and reports to the court.
• Resolving disputes: Beneficiaries named in a will, other heirs who expect to receive an inheritance, or creditors may become involved in disputes about the validity of the will, the interpretation of its provisions, or the distribution of assets. Our attorneys can help determine the best ways to address and resolve these disputes, working to protect our client's interests and uphold the deceased's wishes.

Contact Our Milwaukee Estate Administration Attorneys

At Mallery s.c., we understand that dealing with the probate process after the loss of a loved one can be overwhelming. Our lawyers can provide the compassionate legal support needed during this challenging time. We assist executors in fulfilling their duties, and we also work with beneficiaries to resolve any disputes that may arise. Contact us at 414-271-2424 for a free consultation.