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King Wills & Probate Lawyer, Wisconsin

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Includes: Estate Administration, Living Wills, Wills

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Patrick Stephen Scharmer

Estate, Elder Law, Wills & Probate, Social Security
Status:  In Good Standing           Licensed:  16 Years
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205 E. Main Street, Wautoma, WI 54982
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LEGAL TERMS

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

FUNDING A TRUST

Transferring ownership of property to a trust.

MINERAL RIGHTS

An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral right... (more...)
An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral rights is usually entitled to either take the minerals from the land himself or receive a royalty from the party that actually extracts the minerals.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

DEED OF TRUST

See trust deed.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)
A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

SAMPLE LEGAL CASES

In re Estate of Sanders

... The orders involved were granted in probate proceedings in the Circuit Court for Waupaca County with Judge Philip M. Kirk, presiding. ... The court of appeals had dismissed Sanders' appeal from that order in regard to the probate of her deceased husband's estate. ...

MATTER OF DISCIPLINARY PROCEEDINGS AGAINST BERLIN

... 7 On April 5, 2005, Attorney McNeely prepared and filed a special administration petition in the DB estate, requesting that the probate court appoint CB as special administrator of DB's ... 12 On June 4, 2005, Attorney McNeely sent correspondence to the probate court that read: ...

IN THE MATTER OF JONES

... In the first client matter, EB retained Attorney Jones in May 2002 to probate her mother's estate. ... Attorney Jones prepared an application for informal administration, an order appointing a guardian ad litem, and domiciliary letters which were filed with the probate court. ...

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