Probate Attorney Oshkosh, WI

Compassionate Guidance Through the Probate Process in Oshkosh, WI

Losing a loved one is never easy, and dealing with the legal aftermath can add an extra layer of stress during an already difficult time. Probate, the legal process of protecting and administering a deceased person’s estate, involves validating a will, paying off debts, and distributing assets according to the deceased’s wishes. While it may seem straightforward, probate can often become complex, especially when there are multiple wills, contested assets, or other complications.

Understanding the Probate Process

Probate is a necessary step in ensuring that a deceased person’s assets are distributed according to their wishes or, in the absence of a will, according to state law. However, the process can be intricate and time-consuming, involving several legal requirements and potential challenges. For families in Oshkosh, Wisconsin, our probate attorneys are here to help you navigate this process with care and understanding. Having a well-structured estate plan can significantly ease this process.

Take, for example, the story of Karen, who recently lost her father. He had left behind a will, but it was an older document that had not been updated in years prior. As Karen and her siblings began the probate process, they discovered that there was also a handwritten (holographic) will, which their father had created more recently. This created confusion and uncertainty among the family members, as they were unsure which document would be recognized by the court.

Karen reached out to our probate lawyers in Oshkosh for assistance. We helped her understand the validity of both wills and guided her through the process of establishing the authenticity of the handwritten will. With our support, Karen was able to navigate the legal complexities of probate, ensuring that her father’s true wishes were honored and the estate was distributed fairly among the heirs.

Key Aspects of Probate and Estate Administration

Probate can be a challenging process, but with the right guidance, it can be managed effectively. Our probate attorneys in Oshkosh work closely with families to ensure that every aspect of the estate administration is handled properly. Here are some key aspects we focus on:

• Validating the Will: The first step in the probate process is determining whether the will is valid. This involves ensuring that the will is in writing, signed by the deceased (testator), and witnessed by two competent individuals. If multiple wills exist, or if a holographic (handwritten) will is present, additional steps may be needed to establish their validity.
• Appointing an Executor: The will typically names an executor, the person responsible for managing the estate during probate. If no executor is named, or if the named executor is unable or unwilling to serve, the court will appoint someone to take on this role.
• Inventorying and Appraising Assets: The executor is responsible for identifying and valuing the deceased’s assets. This can include real estate, bank accounts, investments, personal property, and other valuables. Accurate inventorying is crucial to ensure that all assets are accounted for and properly distributed.
• Paying Debts and Taxes: Before the estate can be distributed to beneficiaries, all outstanding debts and taxes must be paid. This can include everything from mortgage payments and credit card debts to estate taxes. Our probate lawyers in Oshkosh assist in ensuring that all financial obligations are met before any distributions are made.
• Distributing the Estate: Once all debts and taxes are paid, the remaining assets can be distributed to the beneficiaries as outlined in the will. If there is no will, the estate will be distributed according to Wisconsin’s intestate succession laws. We work to ensure that this process is carried out smoothly and fairly. Additionally, our expertise in elder law allows us to provide specialized support for the elderly and their families, addressing unique legal needs related to aging.

Challenges and Solutions in the Probate Process

While the probate process is designed to be straightforward, there are often challenges that can arise, complicating the administration of the estate. These can include:

• Contested Wills: If there are disagreements among beneficiaries about the validity of the will or the distribution of assets, the probate process can become contentious. Our attorneys are experienced in expertly advocating for our clients, handling will contests and working to resolve disputes as efficiently as possible.
• Complex Estates: Estates with multiple properties, businesses, or other complex assets require careful management. We provide comprehensive support to ensure that all aspects of the estate are handled properly.
• Outdated or Multiple Wills: As in Karen’s case, having multiple wills or an outdated will can create confusion. We assist in determining which documents are legally binding and guide families through the necessary steps to resolve these issues.

Your Trusted Partner in Probate and Estate Administration in WI

Dealing with probate and estate administration can be overwhelming, especially when emotions are running high after the loss of a loved one. Our probate and estate planning attorneys here in name,, WI, are committed to providing the support and guidance you need to navigate this challenging process. We understand the intricacies of probate law and are here to help you manage every aspect of estate administration with care and respect.

If you’re currently facing a challenging probate process or need assistance with estate administration, don’t hesitate to reach out. Our experienced probate lawyers are here to help you through every step, ensuring that your loved one’s wishes are honored and that the estate is administered smoothly.

Benefits of a Comprehensive Law Firm in Oshkosh WI

Our team of lawyers and paralegals have extensive experience handling the nuances of your legal matter, including complex business transactions, but also consider how other, related practice areas or of law might affect your case. We often consider angles that aren’t obvious to an attorney with experience in only one practice area, especially in multi-party litigation.

A Wisconsin Law Firm that Handles Simple and Complex Cases 

Some legal issues are quick, requiring fast efficient services. You want those knocked out fast with the most efficient cost possible. But, for more involved cases, such as serious personal injury suits, we take the time to get it right and work hard to get the outcome you want.

Our firm also specializes in family law and estate planning, including marital property agreements, ensuring that your assets are managed and protected effectively during divorce or probate.

A Team That Collaborates on Your Legal Needs

We’ve had many legal clients complain that their last firm just didn’t have the resources or understanding to manage their case. Our attorneys regularly communicate across the firm, getting input from several legal professionals without the additional cost. Our comprehensive approach to estate planning ensures long-term benefits for clients' families and their loved ones, considering the financial well-being and inheritance of future generations.

Client-Centered Approach 

Our skills, knowledge, and experience span decades and many different practice areas. We truly want to provide a comprehensive legal solution for our community. When you’ve got a legal question, we want to be the first law firm you think of because you know you can trust us to have the answers or tell you the next best solution.

The death of loved ones is very hard, our Wisconsin attorney has the knowledge to help you through this tough time. Call our law office today to schedule a consultation.

Directions To Our Oshkosh, Wisconsin Law office:

From Neenah, WI:

1. Take I-41 S from Neenah.
2. Take exit 116 for WI-44 toward Ripon.
3. Continue on WI-44 W/Algoma Blvd to S Main St in Oshkosh.
4. Turn right onto S Main St; destination will be on your right.

From Fond du Lac, WI:

1. Take I-41 N from Fond du Lac.
2. Take exit 113 for WI-26 N toward Oshkosh.
3. Continue on WI-26 N to S Main St.
4. Turn left onto S Main St; destination will be on your left.

From Ripon, WI:

1. Take WI-44 E from Ripon.
2. Continue on WI-44 E into Oshkosh.
3. Turn right onto W South Park Ave.
4. Turn left onto S Main St; destination will be on your right.