Appleton Area Law Blog

Families in Wisconsin are complicated. In some cases, certain circumstances could prompt someone to disinherit a family member, such as ongoing disputes among siblings. Many people are surprised to learn that certain family members, even if not included as beneficiaries of a will, are entitled to be notified of the probate process. Fortunately, there are some estate planning techniques that can help in a situation in which a person wants to exclude a family member from benefiting from his or her estate without the individual later challenging the plan.

The first tool is bypassing the probate process through the use of beneficiaries and co-owners on real-estate. For example, retirement plans and life insurance policies require a beneficiary be named; this designation trumps anything listed in a will and does not go through probate. Likewise, the co-owner of a piece of real estate simply needs to present the death certificate to the county clerk to record the death, also bypassing the probate process. 

Newly released statistics from the National Highway Transportation Safety Administration (NHTSA) show alcohol-related fatalities fell by 3.6% across the United States in 2018. However, Wisconsin saw a more than 5% increase in traffic deaths where alcohol was a factor.

The total number of deaths (588) on Wisconsin roadways in 2018 decreased compared to 2017, which saw 613 fatalities, but alcohol-related deaths rose from 189 to 199, amounting to a 5.3% increase. Nearly 11,000 people died in drunk driving crashes across the nation.

It is undeniable that Wisconsin has suffered from a distracted driving problem in recent years. In particular, texting while driving has become a huge issue not only in the state, but across the entire country. Today, we will take a closer look at some of the numbers behind texting and driving incidents.

According to Cosmos Magazine, one study has found that Millennials are the generation most likely to text and drive. This includes anyone born between the early 1980s and mid-1990s. Other studies have shown that Gen Z – or those born between the mid-1990s and early 2000s – are the ones who are more likely to engage in this behavior.

The importance of clear verbiage in a will or a trust cannot be overstated to residents in Wisconsin. Even the slightest opportunity for interpretation may provide fuel for a person's estate plan to be contested by heirs or potential heirs. An example of this can be seen in the case of a woman in New York who is currently embroiled in a battle to receive what she asserts should be her inheritance based on the relationship her mother had with another woman.

The plaintiff's mother was involved in an 18-year relationship with another woman that ended in 2016 when both of the women died. The plaintiff's mother died 12 days after her partner. The partner had created a will roughly three months before her death, which was due to a battle with cancer. The New York Daily News indicates that the partner included a provision in her will for specific items to be given to the plaintiff's mother so long as that woman lived at least 30 days after the partner died.