Eighty-eight year old Roger Hansen was in the process of making a will with an attorney, but died without signing it.  Since he did not have a will, his estate passed to his heirs under intestate succession laws.

The Facts

During his lifetime, Hansen loaned a total of $278,000 to three nieces and a great-nephew.  The loans were evidence by notes and secured by mortgages.  The debtors argued that drafts of Hansen’s will and a letter to his attorney indicated that Hansen wanted to forgive all of the debts upon his death.  Another heir, whose share of the estate would be reduced if the debts were forgiven, disagreed.

The Law

In Wisconsin, “gifts in contemplation of death” are an exception to the rule that testamentary dispositions must comply with statutory requirements for establishing a will.  Gifts in contemplation of death are valid when a donor intends to make a gift effective at death, the donor is contemplating death from an ailment and later dies from that ailment, and the gift is “delivered.”

The Ruling

The Dane County Circuit Court ruled that affidavits evidencing Hansen’s intention to forgive the mortgage loan debts were sufficient to establish a gift in contemplation of death and allowed removal of the debts from the estate.  But in Meegan v. Netzer, 2011AP325 (Jan. 26, 2012), the District IV Wisconsin Court of Appeals reversed, concluding the requirements to establish a gift in contemplation of death were not satisfied, because the gifts had not been “delivered.”

The Court of Appeals acknowledged that it was undisputed that Hansen intended that, upon his death, that the debts in question be forgiven.  Intent alone, however, is not sufficient.  The gift must actually be “delivered.”  The debtors argued “delivery” occurred when Hansen made notations on a draft will and sent a letter to his attorney, stating that the debts should be forgiven at death.  However, the appeals court ruled that “delivery” did not occur because Hansen had not directed the attorney to deliver the writings to the debtors.  “Thus, the delivery to the attorney, with no instruction for delivery to any debtors, does not constitute delivery to any debtors,” wrote the Court.

Conclusion

Waiting until death is imminent to complete your estate plan only increases the risk that you will be unable to take the steps legally required to ensure that your wishes are fulfilled.  On the other hand, taking care of your estate planning while you are relatively young and healthy not only reduces the odds that you will die before the plan is finalized, but also gives you the luxury of time to contemplate, read and understand your plan, making sure that your wishes ultimately will be fulfilled.

Estate Planning Attorney, Marshfield

Contact Info: If you have questions about estate planning or probate, call an estate planning attorney, Marshfield for a free phone consultation.  Learn more about estate planning attorney, Marshfield. If you have questions about wills, trusts, powers of attorney, probate, or other estate planning matters, call an estate planning attorney, Marshfield at our law office for a free telephone consultation. Call 715.843.6700 to speak with an estate planning attorney, Marshfield. Estate planning attorney, Marshfield serving clients throughout north central Wisconsin.

The Original Post is Located Here: Estate Planning Attorney, Marshfield WI: Appeals Court Rules Debt Forgiveness Invalid

Living in a small town has its benefits — especially when that small town is Minocqua, Wisconsin.  Seven years ago, Daniel Overbey left the city of Chicago, a job with a 400+ lawyer firm, and an office in the Sears Tower for the northwoods of Wisconsin.  He and his wife live just north of Minocqua in the Town of Arbor Vitae.  Daniel has been a partner with Eaton, John, Overbey & Welles, LLP since 2004.  The majority of his practice is devoted to family law — divorce, child custody & placement, child support, maintenance, and post-divorce issues.

Daniel Overbey – Minocqua Practice

Daniel commutes to his Wausau office several times a week, but works from Minocqua at least one day per week, and is available to meet with clients in Minocqua.  In addition to a large Marathon County caseload, Daniel routinely handles cases in Oneida, Vilas and Lincoln Counties.  Over the years, we’ve found that many clients living in small communities prefer to hire a law firm from outside the area in order to avoid having locals “knowing their business.”  For many, this means having to drive a considerable distance in order to meet with your attorney.  Because of Daniel Overbey’s unique situation — working for a Wausau law firm, but returning home to Minocqua each day — his northwoods clients get the best of both worlds.  They get the benefit of out-of-town counsel, without having to travel out of town.  If you are looking for the convenience of a Minocqua divorce attorney without the small-town law firm ties, Daniel Overbey is the perfect choice.

Testimonials for Daniel Overbey – Minocqua

Daniel’s practice focuses almost exclusively on divorce-related matters, which has allowed him to develop a family law expertise not typically found in lawyers who “dabble” in divorce law.  His expertise means positive results for his clients.  Read the following unsolicited email comments from Daniel’s clients:

“You ROCK in my eyes, and I would not hesitate to make a referral.”

“You were a genius!  I’m glad I wasn’t up against you….”

“Thank you again for all of your hard work.  I am happy to say that finding you was the best thing that could have happened to me.”

“[The opposing lawyer] doesn’t hold a candle to your expertise.”

“You were AWESOME in court today!!!  I came out ahead thanks to you.”

Don’t you want to feel that way about YOUR lawyer?

Daniel Overbey – Minocqua Divorce Attorney

Do you have questions for Daniel Overbey – Minocqua Divorce Attorney?  If you are in need of an experienced Minocqua divorce attorney, contact Daniel Overbey – Minocqua.  Get more information about Daniel Overbey – Minocqua. Learn more about child custody & placement, child support, divorce or paternity from Daniel Overbey – Minocqua.  If you have questions about your family law matter, call Daniel Overbey – Minocqua for a free telephone consultation. Call 715.843.6700 to speak with Daniel Overbey – Minocqua, or email Daniel Overbey – Minocqua via our Contact page.  Daniel Overbey – Minocqua serves clients throughout north central Wisconsin, including Minocqua, Rhinelander, Eagle River, and Tomahawk.  General information about custody & placement in Wisconsin, courtesy of  Daniel Overbey – Minocqua.

Daniel Overbey – Minocqua Divorce Attorne: Eaton, John, Overbey & Welles, LLP

The Original Post is Located Here: Daniel Overbey – Minocqua Divorce Attorney

Our real estate attorneys frequently receive calls from buyers seeking a “for sale by owner lawyer in Wausau.”  Most are pleasantly surprised when they find out the relatively low cost of having an attorney prepare the Offer to Purchase, when compared to the higher price they likely would have to pay for the property if a realtor were involved.  Attorneys fees for a simple Residential Offer to Purchase typically will run in the hundreds of dollars — as opposed to realtor commissions which run in the thousands of dollars (typically 6% of the purchase price).  Many homeowners will increase their listing price to cover part or all of the realtor’s commission if they list the property, in effect passing on this cost to the buyer.

Drafting the Offer to Purchase

Wisconsin’s standard Offer to Purchase form is widely available online.  There is no legal requirement that the form be completed by a lawyer or a realtor.  In other words, you could do it yourself.  But should you?  Probably not.  An Offer to Purchase is the single most important document in a real estate transaction. The standard printed form is merely a starting point.  It generally needs significant changes in order adequately reflect the agreement between the parties, and protect the buyer’s interests.  It’s easy to draft an agreement that works when everything goes as planned.  It is much more challenging to draft an agreement that protects you when things go wrong.  Having your Offer prepared or reviewed by a lawyer is the best way to ensure that your interests are adequately protected.  Our Wausau real estate attorneys can prepare or review your Offer for you prior to presenting it to the seller.

Title Commitment

After the purchase agreement is signed, it is the seller’s responsibility to procure a title commitment from a title insurance company.  This will show the state of the seller’s title to the property, and identify any encumbrances on the title.  If you are not familiar with title commitments, an attorney can review the it for you and explain the title exceptions and any encumbrances which appear on the commitment, such as easements, construction liens, judgments, or property disputes.  The title commitment does not tell you anything about existing and prospective zoning. Your lawyer can explain whether zoning prohibits any planned use of or improvements to the property.

The Closing

The closing of a real estate transaction will involve the execution of the deed and mortgage, the payment of the purchase price, and settlement of all of the expenses associated with the transaction.  We usually suggest having the seller’s title company handle the closing, as it is much more economical than having a lawyer do it.  A closing statement is typically provided to both parties prior to the closing, showing the charges and credits to the buyer and seller. You may want to have your attorney review the closing statement for accuracy.  Although we can attend the closing if the client so desires, it generally isn’t necessary to have your attorney present at the closing, particularly if you have had your lawyer review the closing documents in advance.

For Sale by Owner Lawyer in Wausau:

For sale by owner lawyer in Wausau facilitating real estate transactions in north central Wisconsin for more than 25 years. A for sale by owner lawyer in Wausau can assist you with any real estate transaction.  Contact a for sale by owner lawyer in Wausau. Call 715.843.6700 to speak with a for sale by owner lawyer in Wausau.  Email a for sale by owner lawyer in Wausau.

Eaton John Overbey & Welles, LLP: For Sale by Owner Lawyer in Wausau

The Original Post is Located Here: For Sale by Owner Lawyer in Wausau: How to buy a FSBO Property

Background

In 1991, Lucille Hedlund and her husband (now deceased) transferred all their real estate and financial assets (with the exception of one checking account) to their three children. On the same day the assets were transferred to the children, the children created a family trust and transferred all the assets to the trust.  The transfers from the parents to the children and the establishment of the trust by the children were all detailed in the same document.

The stated purpose of the trust was to provide for the support and welfare of the parents, but only when no other funds were available and to supplement social security and medical assistance benefits. Upon their mother’s death, the children are to receive any assets remaining in the trust.  An apparent objective of the family was to protect assets from nursing home expenses of the parents.

Medicaid Application Denied

In 2008, 17 years after the trust was established, Lucille Hedlund entered a nursing home and applied for medicaid.  The Wisconsin Department of Health Services denied her application, taking the position that the assets in the trust were assets available to pay for her care.  Hedlund argued that she did not own the assets that were transferred to the trust, her children did.

Court Ruling: Trust does not Protect Assets from Nursing Home Expenses

The District III Wisconsin Court of Appeals found that trust assets were available to Hedlund, and thus her assets exceeded the limit for medical assistance eligibility.

With limited exceptions, Wis. Stat. § 49.454 provides that assets in a trust are considered available to an individual if two requirements are met: (1) “if assets of the individual or the individual’s spouse were used to form all or part of the corpus of the trust”; and (2) “if any of the following persons established the trust” (other than by will):

1. The individual.
2. The individual’s spouse.
3. A person, including a court or administrative body with legal authority to act in place of or on behalf of the individual or the individual’s spouse.
4. A person, including a court or administrative body, acting at the direction or upon the request of the individual or the individual’s spouse.

Hedlund argued that the first requirement had not been met, because the assets did not legally belong to her or her husband at the time they were transferred to the trust.

The Court interpreted the “assets of the individual” in a broader sense, stating that the “‘assets of the individual’ within the meaning of Wis. Stat. § 49.454(1)(a) are not restricted to assets that are legally owned by the individual at the time the trust is established. Reading § 49.454(1)(a) as a whole and in the context of the entire medical assistance statute, we conclude that trusts are covered under § 49.454 if the assets of the individual are transferred to another person who, at the direction or request of the individual, uses those assets to form all or part of the corpus of a trust.”

Asset Protection Attorney Commentary

As a Wausau estate planning attorney, I often counsel clients wishing to protect assets from nursing home care expenses.  The decision of the Court of Appeals in this case comes as no surprise to me.  Given the statute’s specific inclusion of trusts established at the direction of the individual or his or her spouse, it seems clear that transactions such as those undertaken by the Hedlund family were contemplated under the statute.  It should be noted, however, that if the trust had prohibited the distribution of the principal for the parents’ benefit, the result may have been that only the trust income would be deemed an available asset, thereby achieving the clients’ objective to protect assets from nursing home care expenses.

Protect Assets from Nursing Home Expenses

If you want to learn more about how to protect assets from nursing home expenses, Mary John, an estate planning lawyer in Wausau, can assist you.  Contact Mary to find out how you can protect assets from nursing home care expenses. Call for free telephone consultation about how to protect assets from nursing home expenses. Call 715.843.6700 to speak with a Wausau attorney with the experience to protect assets from nursing home care costs. Email your questions about how to protect assets from nursing home care expenses.

Protect Assets from Nursing Home Expenses: Call Eaton, John, Overbey & Welles, LLP

Serving clients in Wausau, Wisconsin and throughout Marathon County.

The Original Post is Located Here: Irrevocable Trust May not Protect Assets from Nursing Home

Based upon the frequency with which I am asked these types of questions, it’s clear that many parents believe that children should be or are allowed to decide where they should live upon reaching some “magical age.”

In a Wisconsin divorce, if the parties cannot an agreement regarding physical placement of the child(ren), the court will allocate periods of physical placement of the child between the parties. In doing so, the court is required to consider a number of factors, only one of which is the wishes of the child.  To be clear, in Wisconsin, there is no magical age at which a minor child may decide with whom he or she wants to live.  Once a child turns 18, he or she is legally an adult, and may, at that time, chose for him/herself where to live.

That said, it is likely that, the older a child is, the more his or her preferences tend to influence the judge. When a 16-year-old’s well-reasoned and well-articulated preference for being with one parent the majority of the time, for example, will likely be accorded more weight than that of an 8-year-old.

Even if primary placement is granted to one parent, the placement schedule must allow a child to have regularly occurring, meaningful periods of physical placement with each parent and must maximize the time spent with each parent, taking into account geographic distance and accommodations for different households. Under Wisconsin law, a child is entitled to periods of physical placement with both parents unless the court finds that physical placement with a parent would endanger the child’s physical, mental or emotional health.  But for circumstances such as these, a child’s desire to live exclusively with one parent likely would not be fulfilled.

Divorce Attorney in Merrill WI

Get more information about a divorce attorney in Merrill WI. Learn more about the legal separation or divorce process, property division, child custody & placement, child support, maintenance or paternity from a divorce attorney in Merrill WI.  If you have questions about your family law matter, call a divorce attorney in Merrill WI for a free telephone consultation. Call 715.843.6700 to speak with a  divorce attorney in Merrill WI.  Divorce attorney in Merrill WI serving clients throughout north central Wisconsin.  General information about custody & placement in Wisconsin, courtesy of divorce attorney in Merrill WI.

Divorce Attorney in Merrill WI: Eaton John Overbey & Welles, LLP

The law offices of Eaton John Overbey & Welles, LLP are located in Wausau, Wisconsin.  Our attorneys routinely handle cases in Lincoln County, Wisconsin.

The Original Post is Located Here: Divorce Attorney in Merrill WI: At What Age Can a Child Decide Which Parent to Live With?

Used Car Lemon Law in Wisconsin:

While Wisconsin’s lemon law may protect a buyer of a new vehicle from being stuck with an unreliable car, there is no specific used car lemon law in Wisconsin, and used car buyers are not typically afforded the same protection.  However, even if you buy a used car “as is,” the seller still must warrant the title to the car.  So, if it turns out that the car was a flood or salvage vehicle, and that was not disclosed on the vehicle title, you may have a claim against the seller. [\fancy_box]

Vehicle Title Branding

Vehicle title branding is the use of a permanent designation on a vehicle’s title document to indicate that a vehicle is, for example, a rebuilt salvage vehicle, fire or flood damaged, subject to a manufacturer buyback or has been transferred to an insurance company pursuant to a damage claim. Wisconsin law requires applicable brands to be contained on the Certificate of Title for the vehicle.

Title “Laundering” or “Washing”

The service technician in our client’s case found that the car had significant evidence of prior accident damage.  As a result of the undisclosed vehicle damage and mismatched engine, the dealer’s diagnostic equipment was unable to mechanically service the vehicle for operation.  The vehicle has been sitting in storage, inoperable for more than two years, while our client continues to make payments on her vehicle loan.

A Carfax vehicle history report, purchased by our client after the irregularities were discovered by the service technician indicated that:

1. The Vehicle was originally titled in the state of Arkansas in 2004.
2. In January, 2006, the Vehicle was reported as a “Total Loss,” and a Salvage Title was issued to an insurance company.
3. In March, 2006, a “Rebuilt Title” was issued to an Arkansas motor vehicle dealer.
4. In October, 2006, the Vehicle was registered in Illinois. The Illinois title did not indicate that the title was branded as “Rebuilt.” The Carfax report stated, “This car seems to have been registered in IL without the prior AR rebuilt title. This may be a case of title washing.”

Wisconsin’s Warranty of Title Requirement

When a vehicle owner transfers title, he signs the back of the title, where it states, “For value received, I sell, assign or transfer the vehicle described on this document and warrant title to purchaser.”  This language is on the back of every Wisconsin Certificate of Title, pursuant to Wis. Stat., § 342.15(1)(a).  In a 1975 case, the Wisconsin Supreme Court held that this warranty of title cannot be disclaimed via an “as is” sale.  That means, even if a used car is sold “as is,” the seller may be liable to the buyer for any defects in the title.  Therefore, where a title brand, such as a salvage or flood vehicle designation, should be on the title, but is not, the buyer may have a cause of action against the seller, if the vehicle was sold “as is.”

Success in Court

When these issues were brought to the selling dealer’s attention, it refused to do anything to remedy the situation, stating that the vehicle was sold “as is.” We filed suit on behalf of the buyer, alleging misrepresentation, breach of contract, breach of warranty of title and that the contract was void due to the dealer’s failure to comply with the Wisconsin Administrative Code, which requires used vehicle dealers to make written disclosure of certain information, including title brands and title brands.

The Marathon County Circuit Court granted Summary Judgment to our client, finding both that the title brand should have been discovered and disclosed by the seller, and that the seller had breached the statutory warranty of title, despite the “as is” sale.

Conclusion

While there is no specific used car lemon law in Wisconsin, buyers should be aware that “as is” does not necessarily protect a seller from all claims relating to the vehicle.  Specifically, if you find out that your used car has a negative title history that was not disclosed, give us a call to discuss a potential claim you may have.

Used Car Lemon Law in Wisconsin

If you discover title defects on your used vehicle, contact the attorneys at our office to discuss used car lemon law in Wisconsin.  Call 715.843.6700 to discuss used car lemon law in Wisconsin. Email regarding used car lemon law in Wisconsin.  Do you have questions regarding used car lemon law in Wisconsin? If you think you have a claim regarding used car lemon law in Wisconsin, we can advise you as to your rights. Wausau attorneys practicing used car lemon law in Wisconsin. Call 715.843.600 for more information about used car lemon law in Wisconsin.

Used Car Lemon Law in Wisconsin: Eaton, John, Overbey & Welles, LLP

The Original Post is Located Here: Used Car Lemon Law in Wisconsin: Dealer May be Liable

Illegal Provisions May Void Lease

Many Wisconsin landlords are not aware that if they have an illegal provision in their Wisconsin rental agreement form, the entire agreement may be unenforceable.  In fact, the lease may be unenforceable even if the landlord never tries to enforce the “illegal” provision.  The issue was addressed by the Wisconsin Supreme Court in Baierl v. McTaggart.  In that case, the lease contained a provision requiring the tenant to pay the landlord’s attorney’s fees in any legal action arising under the rental agreement.  Such provisions are prohibited under Chapter ATCP 134 of the Wisconsin Administrative Code.  The tenant in that case vacated the property early, and the landlord sued for damages.  Although the landlord never sought to enforce the attorney’s fees provision, in a 2001 decision, the Wisconsin Supreme Court held that because the landlord’s lease contained the illegal provision, the entire lease was unenforceable.

In our representation of landlords, we often run across leases that contain prohibited provisions.  Usually, it is because the landlord cobbled together his own lease, used a “Wisconsin rental agreement form” found on the internet, or purchased a rental agreement form at an office supply store.  Other times, a landlord purchasing a rented property may have “inherited” a bad lease form from the former owner.  Even forms that claim to be state-specific often contain one or more of the prohibited provisions.

Prohibited Lease Provisions

Section ATCP 134.08 of the Wisconsin Administrative Code specifies 7 provisions that cannot be included in a Wisconsin residential rental agreement.

A Wisconsin rental agreement form cannot contain a provision that:

1. Authorizes the eviction of a tenant from the property other than by the judicial eviction process set forth in the Wisconsin Statutes;
2. Provides for the acceleration of rent payments if the tenant defaults or breaches the rental agreement;
3. Waives the landlord’s duty to mitigate damages;
4. Requires the tenant to pay the landlord’s attorney’s fees or costs that are incurred in any legal action or dispute arising under the rental agreement;
5. Relieves the landlord from liability for property damage or personal injuries caused by the landlord’s negligent acts or omissions;
6. Imposes liability on a tenant for injuries or damages which are clearly beyond the tenant’s control or any damage caused by natural disasters or by persons other then the tenant or the tenant’s guests; or
7. Waives any other statutory or legal obligation of the landlord to deliver the unit in a fit or habitable condition or maintain the unit during the tenancy.

Wisconsin landlords should review their Wisconsin rental agreement form to make sure it does not contain any of these provisions. Including any of these provisions in a Wisconsin rental agreement form could make the lease unenforceable against the tenant.  The landlord could even risk exposure to a lawsuit for double damages and attorney’s fees by the tenant.

Where to get a Wisconsin Rental Agreement Form

Wisconsin Legal Blank sells a Residential Rental Agreement that does not contain any of the prohibited lease provisions. Landlords using such a “fill-in-the-blank” form should be sure they are using the most recent version of the document (it was last updated 1/2010).  If a landlord wants to alter the provisions in the standard form, consulting with an attorney experienced in drafting residential leases is recommended.  NEVER try to piece together your own rental agreement from various written or internet-based lease agreements.  More than likely, you will inadvertently include a prohibited provision or exclude what may end up being a key provision of the lease.

Wisconsin Rental Agreement Form Attorneys

To make sure your Wisconsin rental agreement form complies with Wisconsin law, contact the attorneys at our office for a review of your Wisconsin rental agreement form.  Call 715.843.6700 to discuss your Wisconsin rental agreement form. Email regarding your Wisconsin rental agreement form.  Do you have questions regarding your Wisconsin rental agreement form? If you are a Wisconsin landlord we can advise you as to your Wisconsin rental agreement form.  Call 715.843.600 for more information about a Wisconsin rental agreement form.

Wisconsin Rental Agreement Form Attorneys: Eaton, John Overbey & Welles, LLP

The Original Post is Located Here: Wisconsin Rental Agreement Form: Make Sure your Lease Does not Contain Prohibited Provisions

As divorce lawyers in Wausau, we occasionally have clients or their spouses propose a nesting arrangement.  To the parents, it may seem like an easier transition for the children.  Although their parents are divorcing, the children in a nesting arrangement continue to live in the family home and don’t have to pack bags and move back and forth between two houses. If the parents are staying with family or friends during their “off” days, it may also be a financially attractive arrangement for the parents, who only have to continue financing one residence, rather than two.

In our experience, most nesting arrangements do not last long, and we have never had a situation where the nesting arrangement continued after the divorce was finalized.  The specific reason a nesting arrangement ultimately fails may vary from couple to couple, but it essentially boils down to the same issues that lead to the divorce in the first place.  If a couple cannot remain married without conflict, they most likely will not be able to house-share for any significant period of time without conflict.  Common disputes relate to financial responsibilities, privacy concerns, parenting issues and the upkeep of the house.  If one party becomes involved in a new relationship, a nesting arrangement may quickly become unworkable.

Because nesting is so fraught with potential problems and requires a high degree of cooperation between the parents, Courts typically will not order a nesting arrangement if one party is opposed to it.

Divorce Lawyers in Wausau

Do you need divorce lawyers in Wausau? Get more information about divorce lawyers in Wausau WI. Learn more about child custody & placement, child support, divorce or paternity from divorce lawyers in Wausau WI.  If you have questions about your family law matter, call our divorce lawyers in Wausau WI for a free telephone consultation. Call 715.843.6700 to speak with one of our  divorce lawyers in Wausau WI, or email our diorce lawyers in Wausau WI via our Contact page.  Divorce lawyers in Wausau serving clients throughout north central Wisconsin.  General information about custody & placement in Wisconsin, courtesy of our divorce lawyers in Wausau.

Divorce Lawyers in Wausau WI: Eaton, John, Overbey & Welles, LLP

The Original Post is Located Here: Divorce Lawyers in Wausau WI: “Nesting” Arrangements

As an estate planning lawyer in Wausau, Wisconsin, just an hour and a half west of Green Bay, I frequently encounter clients who own Green Bay Packers season tickets.  Most Wisconsinites are aware that Packers season tickets can be passed on at death,  but they may not realize that the Packers official policy on ticket transfers restricts the transfer of season tickets during one’s lifetime and at death.

To Whom may You Transfer Your Season Tickets?

According the Official Policy on Transfer of Packers Season Tickets, individual ticket holders may transfer season tickets:

• During the ticketholder’s lifetime only to a family member, which includes one’s spouse, child, grandchild, niece, nephew, sibling, parent, grandparent, uncle, aunt or first cousin.  The transfer request must be made in writing by the ticket holder.
• At the ticketholder’s death:
  • To the family members designated in a written directive by the deceased ticketholder (e.g., a Will, Trust, or the Packers Official Transfer Form), provided, however, that such family members may only include one’s spouse, child, grandchild, niece, nephew, sibling, parent, grandparent, uncle, aunt or first cousin; or
  • If no written authorization exists, to the ticketholder’s spouse, or if there is no surviving spouse, to the surviving children of the deceased ticket holder.  If the children do not agree upon who will take ownership of the tickets, they revert back to the Packers and are sold to those next in line on the waiting list.

There are special provisions for season tickets owned by a business entity, and for the transfer of season tickets upon divorce.

Failure to Plan

After a season ticketholder dies, problems can arise if the owner’s Will or other estate planning document deals with the tickets in a manner not consistent with the Packer’s official transfer policy.  For example, leaving the tickets to a non-relative, or directing that they be sold by the estate would not be permissible dispositions under the Packers transfer policy.

The more likely scenario is that the ticketholder has no estate plan, or has an estate plan that does not address the season tickets specifically.  This can result in disputes among the ticketholder’s children, since each ticket can only be owned by one individual.  In such a case, they would have to reach an agreement as to who the ticketholder would be.  Since failure to reach an agreement means that the tickets will revert back to the Packers, there is great incentive to resolve such dilemmas.

Failure to plan for the disposition of one’s season tickets can also result in unintended consequences, especially for parties to a second marriage.  For example, if a ticketholder is in a second marriage, with both parties having children from previous relationships, failure to designate a beneficiary of the tickets means that, at death, the tickets will go to the second spouse.  If the second spouse dies without making a provision for the tickets, they will then go to the second spouse’s children, rather than to the children of the original ticketholder.  Even worse — if the second spouse remarries, the tickets will go to his or her new spouse!

Complete a Packer Season Ticket Transfer Form

Making provisions for your season tickets doesn’t have to be expensive or complicated.  If you already have an estate plan in place, but it doesn’t deal with your season tickets, you can complete a Packers Season Ticket Transfer Form and have it notarized.  The form can be kept with your other estate planning documents, to be presented after your death.  If you don’t have a Will, contact an estate planning lawyer in Wausau, and be sure to mention that you want to make a provision for your season tickets in your estate plan.

Estate Planning Lawyer in Wausau

If you don’t have an estate plan, or want to review your existing plan, Mary John, an estate planning lawyer in Wausau, can assist you.  All of our estate planning matters are handled on a flat-fee basis, so you know exactly what the cost will be before you decide to proceed.  Contact an estate planning lawyer in Wausau to prepare your estate plan. If you have questions about estate planning, call an estate planning lawyer in Wausau for a free telephone consultation. Call 715.843.6700 to speak with an estate planning lawyer in Wausau. Email an estate planning lawyer in Wausau.

Estate Planning Lawyer in Wausau WI: Eaton, John, Overbey & Welles, LLP

The Original Post is Located Here: Estate Planning Lawyer in Wausau: Passing on your Green Bay Packers Season Tickets

However, in Wisconsin, there are two separate and distinct issues to be addressed in every family law action involving minor children:

Placement is the term used to describe where the children will physically be.  For example, placement may be with Mom on Mondays and Tuesdays, with Dad on Wednesdays and Thursdays, and alternate between the parents on Fridays, Saturdays and Sundays.

Custody is the term used to describe who has the right and responsibility to make major decisions concerning the children.  This includes decisions related to schooling, medical care, religion, extra-curricular activities and other important events.

If one parent has placement of the child more than 75% of the time, he or she is said to have primary placement of the child.  If each parent has the child more than 25% of the time, the parents are said to have shared placement of the child.

Joint custody means that both parents both parents participate in the important decisions relating to their children.  Neither parent’s decision takes precedence over the other’s.  The parties are required to consult with each other and attempt to reach agreement with respect to major decisions affecting the lives of their minor children.  Sole custody means one parent has sole authority to make major decisions relating to the children.  Sometimes, parents have joint legal custody with regard to most issues, but one parent is awarded sole decision-making authority as to one or more important issues (such as religion or choice of school).

In Wisconsin, except in cases where the court finds that a party has engaged in a pattern or serious incident of interspousal battery or domestic abuse, there is a presumption that joint custody is in the best interests of the child.  Nonetheless, the court may award one party sole custody under certain conditions outlined at Wis. Stat. sec. 767.41(2).

Wausau Custody Attorneys

Are you looking for Wausau custody attorneys? Get more information about Wausau custody attorneys. Learn more about child custody & placement, child support, divorce or paternity from Wausau custody attorneys  If you have questions about your family law matter, call our Wausau custody attorneys for a free telephone consultation. Call 715.843.6700 to speak with one of our  Wausau custody attorneys, or email our Wausau custody attorneys via our Contact page.  Wausau custody attorneys serving clients throughout north central Wisconsin.  General information about custody & placement in Wisconsin, courtesy of  Wausau custody attorneys.

Wausau Custody Attorneys: Eaton, John, Overbey & Welles, LLP

The Original Post is Located Here: Wausau Custody Attorneys: Custody and Placement Explained