ATTORNEY JULIA BOUIANOVA OBTAINS CERTIFICATION IN GRIEF THERAPY

I have been considering how I can make legal representation of my clients more helpful to them during difficult times of their lives that we get to share.  I kept coming back to the same idea over and over again—people appreciate and need to be heard and understood. This is why now I am certified in Grief Therapy through the American Institute of Healthcare Professionals.  Contact me for a private consultation if you are seeking an attorney who makes it her job to hear your emotional truth, as well as competently represent your legal rights.

Attorney Julia Bouianova

(920) 261-7626

www.benderlevilarson.com

PROBATE IN WISCONSIN: What is probate and how can an attorney help?

Probate is the process of administering and distributing a person’s belongings after he or she passes away.  If the deceased person had a will, the probate process involves validating it and then distributing property as the will provides.  Even if the deceased person left no will or other formal estate plan, his or her assets may still go through probate. 

The probate process is administered by the personal representative.  The personal representative may be designated by a will or otherwise appointed by the Court.  Personal representatives are responsible for many important tasks including, but not limited to, (1) marshaling and inventorying the deceased party’s assets, (2) paying the deceased party’s debts, along with any applicable claims, taxes, and administrative expenses and (3) making appropriate distributions required under the will and state law.  Acting as personal representative can be time consuming and complex, and a personal representative may choose to hire an attorney to provide legal advice and support. 

An important concept to keep in mind is the difference between formal and informal probate administration.  Informal administration generally is used where a will is uncontested and is generally supervised by the county’s register in probate.  By contrast, formal administration generally must be used if the will is contested.  A probate judge presides over formal administration and rules on contested issues.  A lawyer must represent the personal representative if the formal administration route is taken.   

If you have questions about the probate process, or have been named as a personal representative and are searching for answers on what to do next, it may be time to schedule a confidential consultation with the team at Bender, Levi, Larson & Associates S.C.  We can work with you to evaluate your unique situation and provide step-by-step guidance from start to finish.   

Attorney Christopher J. Koppes

Bender, Levi, Larson & Associates, S.C.

(920) 261-7626

www.benderlevilarson.com

Protect Your Property Rights: Re-record Written Easements Before They Expire

A recent decision by the Wisconsin Court of Appeals in TJ Auto, LLC v. Mr. Twist Holdings, LLC, 2014 WI App 81, has called into question the assumption held by many property owners that their written easement will continue to be legally enforceable for the foreseeable future and will not need to be recorded.  The Court of Appeals has concluded otherwise.  That is, the Court of Appeals has interpreted the statute of limitations set forth in Section 893.33(6) of the Wisconsin Statutes to require property owners to re-record their easement rights within 40 years of the original grant of easement, or risk the legal conclusion that the easement is no longer legally enforceable.  This applies even if the party that owns the property that is burdened by the easement has full knowledge of the existence of the easement itself.

Therefore, for any property owners who wish to preserve the benefit of a written easement that was recorded before July 1, 1980, the property owner has a period of 60 years in which to re-record the easement.  For easements recorded after July 1, 1980, the statute of limitations period within which you must re-record the easement is 40 years.

This is a significant decision by the Wisconsin Court of Appeals that has gone largely unnoticed thus far.  My recent discussion with the Register of Deeds in a county in which I practice disclosed that they were not aware of this development.  Anyone seeking further advice to protect their rights in an easement that benefits their property should contact their attorney to preserve their rights.

Attorney Allen W. Larson

Bender, Levi, Larson & Associates, S.C.

(920) 261-7626

www.benderlevilarson.com

How can an attorney help buy and sell residential real estate?

Buying and selling a home can be a complex process that can take several weeks to months to complete.  Frequently buying a home is one of the largest transactions we face in our personal lives – not a step to be taken lightly!  

Both buyers and sellers can benefit from hiring an attorney to provide advice throughout the transaction.  An attorney can assist buyers with many aspects of their purchase, including drafting or reviewing an offer to purchase, negotiating counteroffers and amendments, reviewing and negotiating real estate agency agreements, reviewing options for holding title, and representing buyers at closing. 

Furthermore, an attorney can assist sellers with several aspects of their sale, including drafting or reviewing a listing agreement with a real estate agent, reviewing an offer to purchase, drafting a counteroffer if appropriate, assisting sellers with satisfying any contingencies in the offer to purchase, drafting the appropriate deed and any other documents necessary to close the transaction, and representing sellers at closing.

Remember, only a licensed attorney can provide legal advice in your real estate transaction – closing agents, loan officers, and real estate agents cannot. 

If you find yourself in the market to purchase or sell residential real estate, it may be time to schedule a confidential consultation with the team at Bender, Levi, Larson & Associates S.C.  We have extensive experience in such transactions, big and small.  Schedule a meeting with us today!

Attorney Christopher J. Koppes

Bender, Levi, Larson & Associates, S.C.

(920) 261-7626

www.benderlevilarson.com

Prenuptial Agreements: Coming together ... smarter

As a divorce lawyer, I am very curious about general psychological aspects of people getting together and coming apart. Divorce rates are very high. Now, there is even an idea that dissolution of marriage may be contagious. (Yes, really. If you are interested in the study that had produced that conclusion, please visit http://www.pewresearch.org/fact-tank/2013/10/21/is-divorce-contagious/.) So I am asking myself, wouldn’t it make sense to rationally explore a (hopefully) life-long commitment, such as marriage, prior to making it?

Yes, I am talking prenuptial agreements, which I draft as a part of my family law practice. But I am also talking honest communication in setting ground rules. In the very beginning, a marriage is about the white dress, the wedding cake, about feelings, feelings, feelings; about “we will live happily ever after and will die on the same day.” But then the feelings subside (and they do and they will). The last thing we want to discover at that point is this: the commitment is now being forced between two people who have very little in common.

Defining the rules upfront is the key. This is my view only, based on talking to many, many people going through a separation. As they say, take what you like and leave the rest. Upfront rules make clear the expectations of each other and of the relationship. Upfront rules also help with stability and predictability in a home in certain ways, which helps a lot in our generally unstable world.

This is an interesting article that addresses setting ground rules prior to making a commitment: https://www.psychologytoday.com/blog/meet-catch-and-keep/201611/7-questions-you-have-ask-each-other-you-commit.  That is about the psychology of it. But there is also a legal part, which is what I do.

The moral of the story: High divorce rates are an unfortunate reality. “Living together” unmarried relationships are also not immune from the possibility of ending. Better have clear expectations now than stressful and expensive divorce or separation negotiations later. I have done these; they are not fun to go through for people who are coming apart. So, as far as the legal part of a committed relationship is concerned, come see me and we will talk about how we should define these upfront ground rules in the eyes of the law. 

Attorney Julia Bouianova

(920) 261-7626

www.benderlevilarson.com

WISCONSIN ESTATE PLANNING: "When should I update my estate plan?"

For many, the New Year is a time for reflecting on past milestones and setting goals for the future.  This process can raise anxiety, particularly if you are unsure if your estate plan still meets your needs.  Certain significant lifetime events occurring after your current plan was created may cause a need to modify your plan, with some examples including:

• Changes in financial or personal lifetime goals;
• A career change, promotion, or change in a business you or your spouse own;
• The purchase of a home or other major asset, taking on a large loan or other significant financial liability, or major changes in the value of asset you currently hold;
• Marriage or divorce;
• Illness or disability;
• Changes in your life insurance or long-term care insurance coverage;
• Receipt of a large gift or inheritance;
• The addition of new children or grandchildren to your family, or changes in children's or grandchildren's educational, medical or supportive needs;
• Death or change in circumstance of a guardian, executor, or trustee you previously named; and
• Changes in your number of dependents.

If you have experienced one or more of the events listed above, it may be time to schedule a confidential consultation with the team at Bender, Levi, Larson & Associates, S.C.  We specialize in estate planning, probate law, and elder law and are prepared to provide clients with comprehensive legal solutions for their planning needs.  Start the year confidently - schedule a meeting with us today!  

(920) 261-7626

info@benderlevilaw.com
www.benderlevilarson.com

HAPPY HOLIDAYS FROM BENDER, LEVI, LARSON & ASSOCIATES, S.C. !!!