Wisconsin Trusts Legal Questions

The answer to your question lies in the language of the trust.  What does the document say about replacing the trustee or providing an accounting?  Most trusts provide that an accounting must be provided by a successor trustee at least annually. Has your sister provided the beneficiaries with an accounting?  If not, you may be able to file an action to ask a judge to order the Trustee to provide the beneficiaries an accounting.  That should at least provide you with information about the assets.  Also, most trusts provide language that dictates how to replace a trustee.  If the trust allows the beneficiaries to vote on whether to replace the trustee that may be the way to go in order to have a new trustee in place that will provide the required information.  If five years have gone by without any communication from the trustee regarding the distribution of the assets, you will want to retain the services of an attorney to explore whether to file an action to force the trustee to provide this information to you and the other beneficiaries.  ... Read More

It would depend upon whether your sister is currently a trustee or a sucessor trustee, and what the trust language indicates.  If your sister is a successor trustee that moves up to trustee only after your mother is incapacitated, or passes away, then yes, if the trust allows, your mother can amend her trust and then change her successor trustee to remove your sister and add your brother.  If your sister is a current trustee, the trust language should dictate on how to remove a trustee and under which circumstances.  If the trust language does not allow removal of your sister, and you feel that your mother will possibly be victimized by your sister, then you would have to ask a judge to remove your sister as trustee.  Let me know if you have any further questions.   Pamela W. Flores Flores Legal Group, LLC pam@floreslegalgroup.com 262.420.8582... Read More

Yes.  You should always update your estate plan when moving to a new state.  In addition, you would want to transfer any real property to your new trust as well as your other titled accounts.  Last, you would want to update your power of attorney, medical power of attorney as well as any guardianship type documents to be sure your selections are current and the way you would like them.  ... Read More

If there is not a will,  your aunt is correct in that you and any of your siblings would take the place of your mom who has since passed away. In order to determine whether you and your sibling(s) would take your mom's place in the distribution would be determined by your grandmother's will.  It will depend upon what the will says will happen when a beneficiary (your mom) passes away before the will maker (your grandmother).  You should call the attorney who is handling the probate matter to confirm that the will has your mother's decendents (you and your siblings) receiving any distribution.  This is a very common situation where the children take the place of their deceased parent when a grandparent passes away.  To be sure, give the attorney a call to confirm this.  You will want to be sure to give them your contact information as well so the attorney can get it touch with you and/or would know where to send a check.  ... Read More

It's difficult to answer without seeing all of the documents, but if there is both a probate case and a trust involved, legally speaking the trust may not have the assets until the probate case is concluded. If the trust doesn't have the assets yet, the trustee can't follow the instruction to make a payment. It might be helpful to talk with a lawyer to get some more information on how trusts and probate works.... Read More

If the trust document says that assets are to be distibuted to your brother's wife upon his death, then you can follow the terms of the trust without need of probate.  If the trust terms state that any trust assets should be paid to your brother's estate, then you could distribute them to his estate but then you or his wife would need to file probate.  Trust assets are not probate assets.  Estate assets, or any assets not owned by the trust that your brother owned solely in his name, are probate assets.  Only probate assets require probate process.  Hope this helps.  ... Read More