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WisconsinChristianNews.com
Volume 25, Issue 7
Wisconsin Probate Law: An Overview
By Attorney Maxx Forti, McLario, Helm, Bertling & Spiegel Law Offices (See display ad on Page 27 of this issue of WCN) Novembe/December 2024 Probate law in Wiscon- sin governs the legal
according to state law. Summary Proceedings
In certain circumstances, Wisconsin allows for simplified probate procedures known as "summary proceedings." This may apply to smaller estates, typically valued under a cer- tain threshold (currently $50,000, excluding the value of the homestead). Summary pro- ceedings expedite the process, allowing for quicker distribution of assets without the ex- tensive requirements of formal probate. Challenges in Probate Probate can be a contentious process, par- ticularly if there are disputes among family members regarding the interpretation of the will or the distribution of assets. Common challenges include: 1). Will Contests: Heirs may contest the validity of the will, often citing issues such as lack of testamentary capacity or undue influ- ence. 2). Disputes Over Asset Valuation: Ben- eficiaries may disagree on the value of certain assets, leading to conflicts and potential liti- gation. 3). Claims by Creditors: Creditors may file claims against the estate, which can compli- cate the distribution process. Conclusion Navigating Wisconsin probate law can be intricate, but understanding the essential components helps to ensure that the process runs smoothly. Whether you are a personal representative or a beneficiary, being in- formed about the probate process, intestacy laws, and potential challenges can aid in ef- fectively managing the estate of a loved one. Seeking legal advice from a qualified attorney can also provide guidance tailored to individ- ual circumstances, ensuring compliance with Wisconsin laws and protecting the interests of all parties involved. McLario.com “Nevertheless the foundation of God standeth sure, having this seal: ‘The Lord knoweth those who are His,’ and, ‘Let everyone who nameth the name of Christ depart from iniquity.’” (2 Timothy 2:19). I can hear it now, “Bradlee, you are judging.” No, I am making distinction when it comes to the fruit of these people by referring to the Judge’s Word (Ezekiel 44:23). The sheep and the goats (Matthew 25:31-46), the wheat and the tares (Matthew 13:24-30) and the HOLY FROM THE PROFANE (Irreverence for the Lord and His Word)! Is warning men to flee from the wrath to come now somehow judging them when all roads lead to the judgment seat of Christ? (Hebrews 9:27). “But why dost thou judge thy brother? Or why dost thou set at nought thy brother? For we shall all stand before the judgment seat of Christ. For it is written, As I live, saith the Lord, every knee shall bow to Me, and every tongue shall confess to God. So then every one of us shall give account of himself to God.” – Ro- mans 14:10-12. “For we must all appear before the judgment seat of Christ, that each one may receive the things done in the body, according to what he has done, whether good or bad.” – 2 Corinthians 5:10. Interestingly, Jesus talked more of Hell than He did of Heaven, though we are to repent before the Lord (Acts 20:21), and to fear the Lord (Luke 12:4-5). Hell is merely the consequence of unrepented sin to those who continue to transgress the Lord’s Law (1 John 3:4). “For God will bring every work into judgment, Includ- ing every secret thing, Whether good or evil.” - Eccle- siastes 12:14 It seems that some are not going to listen until it is too late, like that of the rich man who begged to warn his brothers of the place that he now remained in for- ever (Luke 16:19-31). The Lord is “not willing that any should perish, but that all should come to repentance” (2 Peter 3:9). Therefore, repent!
process by which a deceased person's assets are distributed and their debts settled. The probate process can be complex, involving various legal requirements and procedures. Understanding these laws is crucial for both executors and beneficiaries to navigate the
system effectively. What is Probate?
1). Filing the Will: The first step in the pro- bate process is filing the deceased's will with the appropriate circuit court in the county where the deceased lived. This must typically be done within 30 days of the individual's death. 2). Appointment of Personal Represen- tative: If the will names an executor, that per- son is usually appointed by the court to manage the estate. If there is no will or the executor cannot serve, the court may appoint a personal representative, often a close family member or another interested party. 3). Inventory of Assets: The personal rep- resentative is responsible for identifying and gathering the deceased's assets. This in- cludes real estate, bank accounts, invest- ments, and personal property. An inventory must be filed with the court, detailing the es- tate's value at the time of death. 4). Settling Debts, Taxes, and Adminis- trative Expenses: Before assets can be dis- tributed, the estate's debts and taxes must be settled. This may include outstanding bills, fu- neral expenses, and taxes owed to the state or federal government. The personal repre- sentative must publish notice to creditors. Creditors are provided three months to file
any claims against the estate. 5). Distribution of Assets: After debts, taxes, and expenses are paid, the remaining assets can be distributed to the beneficiaries according to the will. If the deceased died in- testate, the distribution will follow Wisconsin's intestacy laws, prioritizing spouses, children, and other relatives. Intestacy Laws in Wisconsin When a person dies without a will, Wiscon- sin’s intestacy laws determine how their as- sets are distributed. The hierarchy is as follows: 1). Surviving Spouse: The surviving spouse inherits a significant portion of the es- tate. If there are no children, the spouse re- ceives the entire estate. If there are children, the spouse typically receives one-half of the estate, with the children inheriting the other half. 2). Children: If there is no surviving spouse, the children inherit the estate equally. If a child has predeceased the parent, that child’s share will pass to their own children (the deceased’s grandchildren). 3). Other Relatives: If there are no surviv- ing spouses or children, the estate may pass to parents, siblings, or more distant relatives
Probate is the legal process that takes place after someone dies. It involves validating the deceased's will, if one exists, appointing an executor or personal representative, identify- ing and inventorying the deceased's assets, paying debts and taxes, and distributing the remaining assets to beneficiaries. In Wiscon- sin, the probate process is supervised by the circuit courts, which ensures that the de- ceased's wishes are honored according to state law. The Importance of a Will In Wisconsin, having a will is essential for an efficient probate process. A will outlines how the deceased wishes to distribute their assets. If a person dies without a will, they are said to have died "intestate," and Wisconsin's intestacy laws dictate how their assets will be divided. This can lead to outcomes that may not reflect the deceased's intentions. A valid will in Wisconsin must be in writing, signed by the testator (the person making the will), and witnessed by at least two individuals who are not beneficiaries. If the will meets these criteria, it is generally accepted by the probate court. The Probate Process in Wisconsin
Preached Into Heaven After Living In Sin By Bradlee Dean, Sons of Liberty November/December 2024
SonsOfLibertyRadio.com
“The idea that God will pardon a rebel who has not given up his rebellion is contrary both to the Scriptures and to common sense.” – A.W. Tozer First off, I would like to say that what I am about to write makes me righteously indignant. I’m righteously indignant not so much against the one that willfully re- mains and then dies in their sins (He who claimed to be a Christian; John 8:24), but against those who are around such an individual, who also claim to be Chris- tians. These profess their love (a lack thereof) for such a one, but all the while, they withhold reproof, correc- tion and instruction in righteousness (1 Timothy 3:16). They withhold this to justify their own sins because they have not repented. These dare to post comments about the one that now overdosed on drugs, that he is somehow in the arms of Jesus, that he is now in heaven. You can also rest assured that at his funeral the same message that he is now in heaven will be preached. I ask, how could it be otherwise when these hyp- ocrites partake in many ways in the same sins that this individual died in? These I am writing about are his professed “Christian” friends. These pretenders are idolaters, adulterers, fornica- tors, drunkards (drug users), and abusers of them- selves with mankind (1 Corinthians 6:9). They are the worst of men/women. This is not a matter of what translation of the Bible they are reading. This is the fruit of a rebellious people who haven’t read (or heard) a word of the Bible! They reject the counsel of God (Proverbs 1:24-32). No, they despise the Word and the Author of it (Proverbs 13:13). These know nothing of Christ nor of love (Matthew 24:12). Yet, they have deceived themselves into be- lieving that no matter how they live their lives, they are saved (because the hirelings have told them so – John 10:12), and when death comes to them, Heaven will receive them with open arms. These are sadly hell- bound and willfully self-deceived!
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