Legal Question in Wills and Trusts in Wisconsin

Marrital Property law
My husband and I are writting a Will with the intent of providing care for our young son with disabilities.

We own a small farm with about $7,000 in debt currently on it. The farm was bought and paid for before our marriage and my name is not listed as owner.

If my husband were to pass away he would leave everything to me. He believes it will go to probate regardless if my name is on as owner. Because their is some debt due on the farm.

Dose my name listed as owner matter with Wisconsin Marital Property law. Or will everything go directly to me or in the event of my death to our son and appointed guardian?

How can I avoid legal headaches now by making sure all my legal afairs are in order. What should I do to get this accomplished.

Thank you for your time.

Asked on 9/17/02, 12:36 pm

Thomas Schober Schober Schober & Mitchell, S.C.

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Re: Marrital Property law

There are a number of ways to accomplish the estate

planning objectives you list. Without all your

financial information, it would be impossible to

advise which way is best. It is possible to avoid

probate, if trusts are used. Another concern you

have is about your disabled child, which may require

special needs planning. These are all fairly complicated

issues, requiring expert advise. I would recommmend you

see a good estate planning attorney.

Answered on 9/17/02, 1:50 pm

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