Attorney Steven Thompson has been elected to the Wisconsin State Bar Board of Governors. This distinguished board manages all the activities of the State Bar of Wisconsin. Thirty-five members are elected for a two-year term to represent the Wisconsin State Bar Districts. To learn more please follow this link. https://www.wisbar.org/aboutus/leadership/pages/board-of-governors.aspx
Attorney Dan Schmeeckle presented to the Central Wisconsin Apartment Association on the Wisconsin Court of Appeals Case – Koble v. Marquardt, which has now become a law. This law is important for landloards to be aware of when they are drafting leases. Please refer to Attorney Schmeeckle’s past article for more information.
If you have ever completed a beneficiary designation for a life insurance policy or retirement account, you may have encountered the term “per stirpes” and wondered what exactly it meant. Per stirpes is a Latin phrase that means “by branch” or “by roots.” In estate planning—like in wills, trusts, or beneficiary designations – it is used to explain how your assets should be passed on if the person you chose as your beneficiary dies before you. When considering whether you wish to incorporate the term “per stirpes” into your estate planning, it is important that you understand the effect the term has on the distribution of your assets upon death.
Wisconsin statute. § 854.04 defines the term “per stirpes”, as well as other phrases that may be used to incorporate the same distribution pattern. If your will, trust or beneficiary designation calls for property to be distributed to the descendants of a designated person “by representation,” “by right of representation,” or “per stirpes,” this will be the order of distribution:
In many cases, incorporating the term “per stirpes” into your will, trust or beneficiary designation can be an efficient way to designate contingent beneficiaries. However, you need to carefully consider whether this distribution pattern follows your intentions.
If the person you designate as primary beneficiary passes away before you, do you want the property to go directly to their descendants or would you prefer the property be distributed to their spouse? Would you want the assets reallocated among the other surviving primary beneficiaries? Are the descendants of the primary beneficiary capable of managing the property, or would they need assistance managing any inheritance they receive?
These are important questions you should discuss with an experienced estate planning attorney, who can help you prepare to the best plan for your family and goals.
Clients often ask what the difference is between a legal separation and a divorce. While the court process for both is similar, the legal consequences of each are significantly different. Below are some of the differences between these two judgments:
There are several reasons why someone might choose to remain legally married, even if they are separated.
There are also reasons why a party may proceed with a divorce instead of a separation.
Even if the parties are legally separated, they may convert that legal separation into a divorce by filing a motion with the court. Choosing which path to take requires some thoughtful analysis and a determination of what goals each spouse has, and whether or not they are truly interested in ending their marriage at this point, or keeping the door open for possible reconciliation.
If you have any questions on these topics our skilled family law attorneys would be happy to meet with you.
Attorney Jason Sausser recently had the honor of speaking to the Leadership Portage County (LPC) cohort, sharing the rich legacy and values of Anderson O’Brien. Our firm was a co-sponsor for the Government and Public Service Day. The LPC program fosters leadership development through meaningful networking, community engagement, and service. We are proud to have had several of our attorneys complete this impactful program over the years.