October 30, 2013
The partial implementation of the Wisconsin Budget Bill results in an overly-complicated law — presenting an urgent case for an estate planningPlanning in advance of disability, incapacity, or death to make sure that key life issues have been addressed while the person is still of sound mind and able to understand and sign key documents such as Power of Attorneys, Power of Attorneys for Health Care, Wills, and Trusts to form a strategy and provide for the administration and disposition of his or her assets upon death or upon incapacity. review.
The Wisconsin Budget Bill has now been partially implemented by the Joint Finance Committee, resulting in a very convoluted roll-out of the statute. It is safe to say that Wisconsin now has Medical Assistance laws that are the most reaching and complicated in the country.
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Not all aspects of the new bill are being uniformly rolled-out or enforced. Certain items that are “on the books” as law are being left for now, while other items have already been implemented and are being enforced.
In addition to the haphazard enforcement of the law, certain aspects of this new law may violate federal law and willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. likely be challenged in court. Those potential challenges may mean that there willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. not be final resolution to what is valid law in Wisconsin for many years to come.
Items that are “on the books”, but not implemented at this time, can legally be implemented in the future with little warning from the Joint Finance Committee, resulting in further uncertainty.
Partial Implementation Force a Need for Estate Planning Review
Our attorneys at Wokwicz Law Offices, LLC, have been providing estate planning services for over 74 years combined. We can safely say that this is the most complex and convoluted implementation of any law that we have ever witnessed.
As a result of this unexpected (and unpredictable) implementation of the Wisconsin Budget Bill, it is entirely likely that without proper planning, your family can be greatly affected by this new bill. Now more than ever, we are advising our clients to undertake an estate planningPlanning in advance of disability, incapacity, or death to make sure that key life issues have been addressed while the person is still of sound mind and able to understand and sign key documents such as Power of Attorneys, Power of Attorneys for Health Care, Wills, and Trusts to form a strategy and provide for the administration and disposition of his or her assets upon death or upon incapacity. review to ensure that their planning needs and goals are not adversely affected by the implementation of this new bill. This new bill is throwing up so many uncertainties, that we strongly encourage everyone to speak with a qualified estate planningPlanning in advance of disability, incapacity, or death to make sure that key life issues have been addressed while the person is still of sound mind and able to understand and sign key documents such as Power of Attorneys, Power of Attorneys for Health Care, Wills, and Trusts to form a strategy and provide for the administration and disposition of his or her assets upon death or upon incapacity. attorney as soon as practical.
As the Wisconsin state government continues to roll out its new budget bill, our estate planningPlanning in advance of disability, incapacity, or death to make sure that key life issues have been addressed while the person is still of sound mind and able to understand and sign key documents such as Power of Attorneys, Power of Attorneys for Health Care, Wills, and Trusts to form a strategy and provide for the administration and disposition of his or her assets upon death or upon incapacity. attorneys willll be keeping a very close eye on developments. We are very concerned about what the interesting implementation of this willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. mean for not only our clients, but for residents across Wisconsin.
To schedule your estate planningPlanning in advance of disability, incapacity, or death to make sure that key life issues have been addressed while the person is still of sound mind and able to understand and sign key documents such as Power of Attorneys, Power of Attorneys for Health Care, Wills, and Trusts to form a strategy and provide for the administration and disposition of his or her assets upon death or upon incapacity. review, please contact us today on 262-658-2181 or by sending an email to info@wokwicz.com.