Estate Law
We help you plan for the future!
You spent a lifetime building up your estate, nurturing your investments and establishing a thriving business. Perhaps you are in or are contemplating a second marriage. You’d like to see your spouse, your children and your grandchildren share in the benefits of your life’s work after your death. You are concerned that a qualified successor, maybe a key employee, should be in a position to carry on the tradition and business when you are gone. We can help you plan for that time and make sure your estate goes where you want it to while minimizing the tax bite from Uncle Sam.
We help clients inventory their assets so that we can examine all options for distribution of property at death, which could include wills, revocable living trusts, insurance trusts, qualified personal residence trusts and other options. We want our clients to gain the maximum benefit of all laws and minimize estate taxes. If a client has not implemented a revocable living trust or other means to avoid probate, we will assist in the probate process, which is a court proceeding through which the will is admitted and the estate of a decedent administered. The probate process includes gathering a decedent’s assets, paying bills and taxes, and distributing assets to heirs.
- Estate Planning
- Probate
- Contested Trusts
- Contested Wills
- Simple & Complex Wills
- Competency
- Revocable Living Trusts
- Life Insurance Trusts
- Marital Property Agreements
- Powers of Attorney
- Business Buy / Sell Agreements
- Business Succession Planning
Estate Planning
Everyone has an estate plan, whether intentional or by default. If you think you have no plan because you have not made out a will or a trust, you still have a plan – it is simply one that is dictated by the laws of the state where you reside at your death. People who die without wills or trusts are said to die intestate. State law provides the rules of distribution that must be followed when a person dies intestate. In most cases, intestate estates must be probated, which involves a court proceeding, and, in many cases, state law may require a distribution that you would not want. It is a good idea to avoid intestacy by having a will or a living trust that is designed to reflect your particular desires. In most cases, a revocable living trust is better than a will.
As you can see, unintended and unfortunate results can occur without proper planning.
What is proper estate planning? It involves a plan that is carefully designed to meet your goals. It requires a cooperative effort between you, your attorney and other appropriate members of your estate planning team, such as a financial planner, a life insurance agent and a CPA. The plan should not be thought of as a series of transactions whereby the financial adviser provides (sells) investments, the insurance agent provides (sells) insurance, and the attorney provides (sells) a trust or a will. In our view, that is the wrong approach.
Instead of taking the transaction (i.e., product-oriented) approach, you should view estate planning as an ongoing process that evolves as your needs and goals change, as the laws change, and as new estate planning tools and techniques are developed. It is a process of continually evolving entrance, growth, maintenance and exit strategies. Proper planning requires professional thoroughness, which is vital to protecting your overall well-being, as well your family's.
Probate Law
Probate is the process by which you prove that a person is deceased and determine who should be entitled to the deceased’s property. Property from a decedent is distributed either according to a will (usually by letters testamentary) or by intestacy if there is no will (by letters of administration). Sometimes, a probate court procedure is required in order to clear title to property only (usually by a muniment of title).
When someone dies without a will, documentation or court proceedings may be required to prove who owns the deceased's property. There are several mechanisms available to demonstrate the transfer, depending on the circumstances and the size of the deceased’s estate. These procedures include heirship affidavits, small-estate affidavits, motions to determine heirship and motions to determine common-law marriage. For more complex estates or in a wrongful death / survivor action matter, a motion to appoint an administrator or personal representative of an estate may be necessary.
The skilled, experienced attorneys of Barrock & Barrock handle all aspects of probate and inheritance from start to finish. We are dedicated to providing the best possible services to obtain the best possible results given the facts of each individual case.
Contested Trusts
Are you involved in a trust dispute? The collective expertise of our estate litigators has touched upon virtually every aspect of contested trust and estate matters. Barrock & Barrock has a track record and a reputation for getting results: We will not back down from a challenge, and we are not afraid of the hard cases. Mediation and arbitration services include all forms of reference in contested trust and estate matters. We can also serve as referees in settlement conferences, discovery disputes and evidentiary hearings.
Barrock & Barrock does not deal simply with contested inheritances or contested trust administrations. Our work also includes any situation where fiduciary principles are central to the issues to be resolved and where choices are not obvious and disagreement is likely to follow whatever choice is made. Do not wait until there is real disagreement. We may be able to help prevent a problem from going that far.
Barrock & Barrock litigators possess not only a high level of competence in estate planning and administration matters, but also a demonstrated commitment to their profession. Our attorneys are highly experienced in legal matters related to testamentary capacity, competence to make a will or trust, and undue influence. If you are dealing with a contested trust, you need the experienced and trustworthy lawyers of Barrock & Barrock.
Contested Wills
Barrock & Barrock has extensive litigation experience successfully representing clients who are disputing the interpretation or validity of a will, the assignment of guardianship or competency, the administration of trusts or estates, or the breach of fiduciary obligations. It is sometimes the case that alternative resolutions, such as mediation and arbitration, can work best to reach a satisfying solution. Depending upon the situation, court proceedings may or may not provide the highest reward or the quickest, most economical resolution to a case. It is by formulating advantageous litigation and negotiation strategies that Barrock & Barrock maintains its excellent reputation in the area of estate and trust law. We can advise on any litigation arising from the administration of an estate including a claim under the Inheritance Provision for Family and Dependants Act or a contested will.
(262) 783-7711 | 13500 W. Capitol Drive, Brookfield, WI 53005
