Recka & Associates

At times, putting together a will can be an emotional process - but keep in mind that it is often a sign of love and respect for your family and loved ones. A will reaches out to protect your family, if God forbid, something should happen to you. Recka & Associates will help you find peace of mind.

Advance Directives for Medical Care
Advance health care directives are written instructions telling how you want your health care to be managed if you become so ill you can't speak for yourself. Wisconsin law permits adults, aged 18 or older and of sound mind, to make advance directives that include the following documents:

• Living Will (Declaration to Physicians): You can indicate whether you want to receive life support (like artificial respirators) or feeding tubes if you develop a terminal condition and are near death or are in a permanent coma. Even if you have a living will, life support and feeding tubes won't be withdrawn if it would cause pain and discomfort not relieved through other measures
• Health Care Power of Attorney: You can authorize someone, such as a close friend or family member, to make health care decisions for you if you become so sick you're unable to make these decisions yourself

Powers of Attorney
In Wisconsin, you can sign a durable power of attorney to appoint someone to handle your assets if you become severely disabled. A power of attorney should include the power to manage and transfer all assets, deal with the IRS, make gifts on your behalf and create/amend any trusts you set up You don't need to transfer any assets when you sign a power of attorney. It is a good idea to keep the person you've chosen informed about your ongoing financial matters.

Wills
A will is a written document that allows a person to designate named beneficiaries of their estate and an executor to manage and distribute the estate upon the client's death. As a Green Bay and Appleton estate planning attorney, we prepare simple wills for clients, as well as pour-over wills, which are designed to work in unison with a living trust. We also prepare wills with guardianship provisions to protect my clients' minor children.

Dying without a Will
If you die without a will (known as dying intestate) in Wisconsin, your assets will be divided among members of your immediate family according to state law. If you don't have children or if all of your children are also the children of your spouse, your spouse will get your entire estate. If you have children who aren't your spouse's children, your spouse gets half of your property that is not marital property, with the remainder going to your children. If you don't have a spouse, your children get your entire estate. If you don't have a spouse or children, your parents get your entire estate.

Revocable Living Trusts
A living trust is an entity created to hold assets for the named beneficiaries, and it is managed by a trustee. We prepare living trusts and can assist you in properly funding your trust with your assets.

What Is Probate?
Probate refers to the process where the State recognizes the executor or administrator as the estate's official probate representative. The person wishing to serve as executor submits a probate petition, often prepared by a Probate Attorney, along with the original Will and an original death certificate to the Register or Surrogate. If there is no Will, the Probate Attorney instead prepares a petition for administration. If all is in order, the executor or administrator then receives documents proving that he or she is the estate's official representative. Probate has begun.

What Does the Probate Attorney Do?
The Probate Attorney represents the executor or administrator and helps them follow the complex rules and laws surrounding estates. Though every estate is different, typical examples of what the Probate Attorney does for the executor are gather the estate's assets, obtain the information necessary to prepare the estate's fiduciary tax returns, prepares inheritance and estate tax returns, communicate with difficult beneficiaries and obtain liability releases for the executor.

Avoiding Probate
Wills may become public after your death. It can also take time for property to be distributed through the probate of a will. That's why many people look for more private ways to transfer their assets. In Wisconsin, alternatives to probate include:

• Life insurance policies or trusts
• Giving gifts of cash or other assets before death
• Transfer on Death or Payable on Death bank accounts
• Holding property by joint tenancy with right of survivorship
• Retirement plans and Individual Retirement Accounts
• Revocable living trusts (sometimes called grantor trusts)

Green Bay and Appleton Will & Estate Attorneys: