Probate FAQs

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Probate

Probate assistance ranging from a simple transfer of a home to the complex distribution of business assets, dealing with creditors and the Internal Revenue Service and the Wisconsin Department of Revenue.

Probate FAQs


Q. What is “probate”?
A. Probate is the court monitored process of transferring ownership of your possessions to your beneficiaries. In most cases, it is a bureaucratic, form and report driven process rather than one that involves court hearings in front of a judge. In fact, most probate cases will never see the inside of a courtroom.
Q. I have heard I should try to avoid probate, is that true?
A. Trying to avoid probate can be a good idea in some situations and bad in others. The answer to this is dependent on many factors, especially relationships between family members and other, if any, beneficiaries. 
Q. If I have a will, does that avoid probate?
A. No. A will is actually the instructions to the probate court that you want to be followed regarding the probate process. Having a will makes the probate process simpler than if you do not have a will.
Q. Do I need a trust to avoid probate?
A. A trust can avoid probate, but for most people, there are simpler and less expensive ways to do it.
Disclaimer: The answers to frequently asked questions and all information contained on this website is for general information only. Laws vary from state to state, and frequently change. Sometimes even counties have their own Local Rules. Tiny variations in facts, or information left out of a question can completely change advice and outcomes. No one should ever rely on this general information as legal advice for their situation. 
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Call: 920-267-6588
Contact Roy Hegard of Hegard Law Practice today to answer all your probate-related questions. He will give you the individualized attention you deserve. 
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