Legal Question in Wills and Trusts in Wisconsin

Sometimes, living trusts are drafted with many characteristics of a will so that the personal representative or trustee (who might be the same person) can utilize traditional probate court proceedings if they are needed. While living trusts are great tools for reducing the need for probate litigation, there are circumstances where the good old probate process has advantages, such as in resolving disagreements within the family or complex issues relating to clearing the title to assets. Trusts can be drafted so that the "property ... of a living trust estate" are the same as the probate estate property. Every trust is a unique document and living trusts do not necessarily follow any particular pattern, so it is impossible to answer your question without reading over your family's trust unique documents and/or inventory of trust/probate assets. Please do not assume that I am your attorney because of my response here, but feel free to call my office in Racine (262-633-3090 or email [email protected]) for clarifications regarding my answer. Otherwise, under the rules of this website, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or see an even larger collection of responses at http://www.lawguru.com/answers/search/attorney/jknixon . Answers may contain attorney advertising materials.