Family Estate Planning in Wisconsin
Author(s) Mary Meehan-Strub, Karen P. Goebel, Philip E. Harris, Linda Roberson
Learn the legal ins and outs of distributing your property during your life and at death. Family Estate Planning in Wisconsin covers tools such as wills, trusts, and marital property agreements. Also included: advance directives, reverse mortgages, and authorization for final disposition (56 pages; 2017).
Notice: Since the revision of Family Estate Planning in Wisconsin (B1442) in 2017, changes in Wisconsin legislation have affected some information. Please note the following changes.
Page 2, column 2. Intangible personal property. Add the following section after the first sentence:
If you own intangible digital property (e.g., music you have composed and recorded, manuscripts, photographs, etc.) you must provide the appropriate access information (e.g., account number, user name, password, etc.) to your power ofattorney/fiduciary for access. You must ensure that the terms of service with the entity holding your digital property allows a power of attorney/ fiduciary access to your account and materials without violating state and federal law. Some terms of service prohibit account holders from allowing anyone else to access your account and indicate no right of survivorship and nontransferability.
Page 20, column 1. Transfer by affadavit. In the first paragraph, replace $20,000 with 50,000. The paragraph will read:
This method is available when a decedent leaves solely owned property in Wisconsin that does not exceed $50,000 in value including real estate.
Page 46, column 2. Add the following section before the Living will (Declaration to Physicians) section:
Access to medical, hospital, and health care records. Written consent is required to authorize your agent, personal representative, power of attorney for health care, family member(s), or designee to ensure they have access to review and receive your medical, hospital, and health care records, including any protected health information as defined by the Federal Health Insurance Portability and Accountability Act (HIPAA). This release document must specifically designate your person(s) of choice as your personal representative with all the authority granted to a personal representative under HIPAA and all applicable state and federal laws.