What's unique about Wisconsin, legally, regarding estate planning, and why do you think it matters?

Wisconsin's a marital property state, so there are a lot of considerations to make if you're trying to leave things to someone other than your spouse. Other than that, it's very similar to all of the other Midwest states in how they handle probate and other assets.

What do you like best about the clients in your community?

People in Wisconsin are fantastic. They're welcoming, they're engaged, they're eager to learn and to be a part of the process. The stereotype is the “Midwest nice”, where everyone is respectful and kind. I couldn't say anything negative about anybody that I've worked with. They're all just a joy to help out and it makes me want to work that much harder for them.

Why is Oath right for your clients?

We are very thorough and diligent during the setup process. We offer continuous attention to your estate plan, whether in follow-up meetings or through programs like Care by Oath or financial planning. There are many ways for us to remain involved in your estate as your life goes along. It's not just a one-stop shop to get your documents done, we really can continue to be an asset for your family and your estate for the remainder of your life.

What story do you tell most at your workshops?

One important aspect that resonates with me is the significance of power of attorney documents and avoiding guardianship. Being able to care for your loved ones both before and after they pass away is crucial. Often, when people think of estate planning, they focus solely on what happens after they die.

However, there's a lot that can be done while you're still alive to provide support and care for your loved ones, and to enable them to care for you as well in that stage of life. When discussing these topics, I like to share some positive examples that seem to generate good feedback and engagement, serving as a real eye-opener for some people.

What state-specific documents do you prepare for clients and why?

We've helped clients with transfer on death deeds (TOD), which help transfer property outside of probate directly to beneficiaries. In Wisconsin, we use the electronic real estate transfer return system (eRETR) for deed work.

Essentially, when transferring a property, such as moving a house into a trust, a receipt of the transfer must be filed. This includes listing the parties involved, the value of the transfer, and any tax exemption status. The eRETR is essentially a paper trail required for any real estate transfer in Wisconsin, functioning as a fancy receipt. Powers of attorney, wills, trusts, also all carry state-specific law.

What do you estimate the longest possible probate in your state is?

I have heard about probate cases that drag on for two or three years, and sometimes even longer. The process can become quite complicated, especially if family members are assertive or aggressive, which can really prolong things. It is definitely a big concern.

How much do you think the most expensive probate might cost in Wisconsin?

On average, we see probate costs at around 5% of your assets, but it depends on your overall net worth. The longer the process takes, the more expensive it becomes. Legal fees for probate can add up, and the longer the dispute continues, the more costly it will be. It's easy to end up spending thousands of dollars if things drag out.

What do clients ask most at your workshops? How do you answer the question?

People are always concerned about probate. It has a bad reputation for being expensive and frustrating since it involves going to court and hiring an attorney. People want to know what they can do to avoid this process.

For some, this means listing beneficiaries and using methods like pay on deaths and transfer on deaths. For others, it involves setting up a trust to consolidate everything and bypass the probate process. The main concern for most people is how to protect their assets and ensure they go to the right beneficiaries while minimizing government involvement.

What are your three favorite communities that you visit on your workshop schedule?

I enjoy visiting Oconomowoc and Burlington. I also really like going to Oak Creek, which is where I live. I like being involved in the community here too.

Have you ever had to tell a client you couldn't help because they reached out too late?

There have been instances where individuals have sought assistance too late in the context of nursing homes. Specifically, individuals in their late eighties or early nineties often lack the necessary five-year timeframe to evade the five-year look-back period.