Legal Question in Wills and Trusts in Wisconsin

Normally in WI, a personal representative typically gets actual expenses (such as attorney fees), plus two percent of the value of all assets administered by the court. Many estates have no assets, however, since a good estate planning attorney can easily see to it that all assets of most people are transferred to the next generation by outside of probate, such as via living trusts and forms of joint ownership which result in automatic transfers outside of court upon death. In that event, no personal representative fee would be due. However, if the personal representative is also the joint account holder or success trustee, then he or she could still end up with all of the assets which were owned in such a manner.

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