Schmidt & Schmidt SC Blog | Wausau, WILearn more about what's new or important at Schmidt & Schmidt SC of Wausau, WI.https://cdn.hibuwebsites.com/e6f38e6c1e4c4f7a80cd04bafbba582f/dms3rep/multi/square_logo_customer_supplied.jpgQuestions to Ask When Contacting Estate Planning Lawyers2024-03-20T14:58:05Z2024-03-20T14:58:05Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Estate planning can feel confusing and overwhelming for anyone, but for seniors, this task can seem especially challenging. According to Merrill Lynch, only 18% of people over the age of 50 have completed their estate planning. Avoiding estate planning can put seniors in a vulnerable position. It can also put their families in a difficult position as well. Let’s look at some important estate planning questions you should ask.
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How Can Estate Planning Lawyers Help Me?
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An estate planning lawyer will help you prepare vital financial and personal documents for end-of-life planning. This often includes a will, final arrangements, and in some cases, custody details of minor children or adult dependents. When you work with a professional lawyer to complete these tasks, you can rest assured that they have been done correctly and legally.
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Who Needs an Estate Planning Lawyer?
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There is a misconception that estate planning lawyers only provide services for someone who has significant assets. The truth is that everyone can benefit from these services. Estate planning isn’t just about money. It’s about putting all of your personal affairs in order and legally appointing individuals to handle your estate after you pass.
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Although everyone could benefit, some individuals have more of a legal urgency than others to hire an estate planning lawyer. In our experience, this would include people with children or who are legally responsible for adult dependents. In the event of their death, custody of minors or dependents would need to be legally assigned. To have full control over how this is done, you would need to have these details already settled with an attorney before your passing.
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If you live in a state that has its own estate or inheritance taxes, it’s helpful to work with an estate planning attorney to ensure that you navigate these taxes legally and beneficially. If you are at risk for incapacity, for instance, if you have an early diagnosis of Alzheimer’s or dementia, it’s a good idea to have your estate planning done as quickly as possible. It will be good to have this settled before your condition worsens.
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These are just a few things you should know about estate planning. If you’re comparing reliable
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, please contact us today at Schmidt & Schmidt S.C. We look forward to hearing from you!
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</div>Are you wondering about what questions to ask when contacting estate planning lawyers? Read on to learn some helpful tips.estate planning lawyersWhat to Know About Hiring a Probate Lawyer2023-09-22T16:03:27Z2023-09-22T16:03:27Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Establishing the estate of a loved one who's passed can be a challenging task, as many people aren't knowledgeable about the best steps to take. If you're feeling confused or overwhelmed by the estate responsibilities, you might need the help of a probate lawyer. According to AC Adviser, 50% of Americans who have a basic will in place incorrectly believe that the will protects them from any type of probate court involvement once they pass away. The truth is that there can be a myriad of consequences that can complicate the direction of an estate. Let's look at a few instances in which it would be wise to hire a probate lawyer for assistance.
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The Deceased Person's Assets Cannot Be Transferred Without Probate
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This is the first step you'll need to determine. In some cases, if the will is highly detailed and a great deal of probate avoidance was done before their passing, you might be able to avoid probate altogether. However, this is usually rare. Most people will make up a basic will and hope that it covers everything. There are actually a lot of steps that go into proper asset organization and probate prevention. You would need to have a lawyer at least look over the will to inform you if anything will need probate attention.
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The Estate Qualifies for Small Estate Procedures
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Most states offer small estate procedures. This means that even though the estate will need some probate involvement it can be kept to a minimum and can be simplified. Small estate refers to the overall value of the estate when all assets are combined. Even if it qualifies for small procedures, you'll still need the help of a probate attorney.
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The Family's Fighting Over Assets
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If the family's fighting over assets, your job can get very complicated quickly. A
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can be very helpful in assisting with clarification to get the family members on the same page. If they continue to be difficult, the attorney can also inform people of how to follow lawful procedures.
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If you're in need of a probate lawyer, please contact Schmidt & Schmidt S.C. today. We're glad to assist you with your legal needs and ensure your loved one's assets are properly distributed.
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</div>Establishing the estate of a loved one can be challenging. Let's look at a few instances in which it would be wise to hire a probate lawyer for assistance.probate lawyerKey Questions to Ask Your Divorce Lawyer2023-07-21T14:26:21Z2023-07-21T14:26:21Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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While you are going through a divorce, you might feel like the only one experiencing what you are experiencing. However, the truth is that more than 20% of marriages end in the first five years according to the American Psychological Association. You are definitely not alone. A knowledgeable divorce lawyer will be able to help you navigate this difficult time. Let's look at a few key questions you should ask a divorce attorney during your consultation.
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What Is the Preferred Method of Communication?
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When you start working with a divorce lawyer, there will be a lot of communication that needs to take place. It is very important that you both agree on the preferred method of communication. Agreeing on this ahead of time can do a lot to cut down on confusion and misunderstanding. Options for communication methods would include emails, phone calls, texting, video chats, and in-person meetings.
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How Much Experience Does Your Team Have?
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You will want to know just how much experience is being brought to your case and how many team members would be working on your behalf. It is also important to find out if the lawyer has specialized experience in any of the factors that might be affecting your divorce such as abuse, adultery, financial complications, or others.
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How Are Fees Paid?
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A lot of people feel awkward discussing this particular detail, but it is better to go ahead and get this question answered at the beginning. Again, this will cut down on confusion or misunderstandings in the future. Costs associated with a divorce case can include retainer fees, hourly rates, or other fees. You will also want to know what the preferred payment methods are as well.
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What Is the Estimated Timeline For My Case?
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Often, an experienced
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will be able to look at the details of your case and give you an estimated timeline of when everything could be resolved. This timeline is not written in stone, but it might give you a basic idea of what to expect. There can be a lot of factors that affect how long a divorce case lasts. Some of those factors can include custody, alimony, child support, division of property, and more.
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If you are facing a divorce, you do not have to face it alone. Please contact Schmidt & Schmidt S.C. today to learn more about our services and to schedule a consultation. We are here to help.
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</div>Your first consultation with your divorce lawyer is a great opportunity to get a clear understanding of what to expect. Here are some key questions to ask.divorce lawyer3 Reasons You May Have to Hire a Family Attorney2023-05-11T13:08:45Z2023-05-11T13:08:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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A family attorney is an attorney that focuses on family law. This is an area of law that addresses legal matters that affect family members. You may need the professional assistance of a family attorney for several reasons. Here are three times you should take advantage of these legal experts' assistance.
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1. Divorce
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One of the most common reasons people seek the help of a
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is for divorce. According to the CDC, there are about 827,000 divorces yearly. Divorces can be complex and highly charged emotional situations. An experienced attorney can help you navigate the process and protect your rights. Divorce is not easy for anyone. An experienced family law attorney can make the process easier.
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2. Child Custody and Child Support
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Another common reason people turn to a family law attorney is to get help managing child custody disputes and child support issues. A family law attorney can support a wide range of matters pertaining to child custody and support. For example, they can support the non-custodial parent in making changes to visitation. They can also support a custodial parent that wants adjustments to visitation schedules. They can also support parents that have had changes in their finances and need to adjust child support payments temporarily. A family law attorney can deliver various legal solutions to settle child custody and support matters.
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3. Paternity and Adoption Matters
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A family law attorney can also assist with paternity and adoption matters. Paternity cases are typically brought by one parent or another to prove the paternity of a child. These cases can have life-changing outcomes, and it is essential that you have proper legal representation. Adoption is another type of family law matter that benefits from having an attorney's expertise.
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In addition to these situations, this type of attorney can help with a variety of other case types. It would be best to have a family law attorney when you need to attend family court. It's the best way to ensure your rights are protected and you get the best outcome. If you have questions about what type of representation these attorneys can provide, the best way to get answers is to contact a reputable firm practicing family law. Call our experienced team at Schmidt & Schmidt S.C. today. We would be honored to assist you with your case.
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</div>You may need the professional assistance of a family attorney for several reasons. To learn more, keep reading or call us today!Questions About No-Fault Divorces, Answered2023-03-13T13:49:16Z2023-03-13T13:49:16Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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While there are times that people get divorced for good reasons — like infidelity or stealing — there are other instances where it just happens. People fall out of love. That can lead to a no-fault divorce, which is not the same as an uncontested one. What is it exactly, though?
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Is There Proof of Wrongdoing Needed?
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In most instances, one of the two parties involved in the divorce must prove that they were wronged by the other. They need to prove that there was cheating, abuse, or being in prison for a certain amount of time. That means they don't have to spend much money to get divorce lawyers to argue this part.
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What's the Difference Between No-Fault and Uncontested Divorces?
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When people go through this no-fault divorce, they still have to work through things like child custody and support, the splitting of assets, and other issues like alimony before the divorce is granted. Divorce lawyers will need to get involved. There's no need to do that in an uncontested divorce — they are waiving that part of the process.
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Why Bring in Divorce Lawyers in No-Fault Divorces?
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As mentioned before, some things need to be resolved before moving ahead with the divorce. These lawyers are essential in ensuring that these issues are taken care of so that the judge will see that and grant the divorce request. The
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will ensure that all of this is entered into the record - that's why it's important to get ones specializing in this rather than general. They can verify that you have done everything legally.
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More people are getting divorced at a young age. According to Business Insider, first divorces typically happen around the age of 30. It's not sure how many of them were no-fault, but since this option can save a lot of money, it wouldn't be surprising to have that be the case.
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Divorce can create a lot of stress throughout a family, both personally and financially. A no-fault divorce can ease that. Then it will be up to the people involved to determine when they want to be fully single again. Once that decision is made, it's a matter of going through the process to make it happen. Contact the professionals at Schmidt & Schmidt S.C. to learn more.
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</div>Are you not sure about the ins and outs of no-fault divorces? Allow our divorce lawyers to offer some essential insights.divorce lawyers5 Signs You Need an Estate Planning Lawyer2023-01-10T10:51:40Z2023-01-10T10:51:40Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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A qualified
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can help you draft a legally binding estate plan that meets your specific needs and preferences. According to LegalZoom, an estimated half of Americans don't have a will to determine their estate's fate after they die. Let’s take a look at some signs it's time to visit an estate planning lawyer.
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1. You Have Substantial Assets or Property
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If you own a home, have considerable investments or other assets, or own a business, then you should consider working with an estate planning lawyer. An experienced attorney can help you draft documents such as trusts and wills that ensure your property is distributed according to your wishes.
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2. You Are Moving Out of State
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If you are moving out of state, then it's important to make sure your estate plan complies with the laws of both states. Otherwise, you could face legal complications in the future. An experienced estate planning lawyer will be able to advise you on any changes that need to be made when changing residency.
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3. Your Family Has Changed Significantly
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If your family has changed due to a birth, death, marriage, or divorce, then it's important to update your estate plan. An estate planning lawyer can help you draft documents that ensure your wishes are respected and that all of your beneficiaries are accounted for.
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4. You Don't Want Your Family to Go Through Probate
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Probate is the process of administering a deceased person's estate. It can be lengthy and complicated. An experienced estate planning lawyer can advise you on strategies such as setting up trusts and creating joint ownership accounts to avoid probate.
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5. You Want to Protect Yourself in the Event of Incapacity
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If you become incapacitated due to an illness, injury, or another medical issue, then it's important to have documents in place that protect your interests. An estate planning lawyer can help you draft a power of attorney and other documents that allow someone else to handle your finances.
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Taking care of your estate is an important part of protecting yourself and those you love. If any of the above signs apply to you, then consider consulting with an experienced estate planning lawyer who can help ensure your wishes are carried out after you pass away. The sooner you start the process, the more peace of mind you will have for yourself and your loved ones. Reach out to
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</div>Let’s take a look at some signs it's time to visit an experienced estate planning lawyer from our team and why it's important.estate planning lawyerWhat Executors Need to Know About Probate2022-09-07T13:26:50Z2022-09-07T13:26:50Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Dealing with a difficult legal and financial procedure is the last thing anybody wants to do while grieving the loss of a loved one. However, this is frequently the case when grieving families go through probate. According to Investopedia, the average cost of probate is between 3% and 7% percent of an estate's worth. Hiring a probate attorney as well as understanding the probate procedure will help you avoid unpleasant surprises. Here's what executors need to know about probate.
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How Can Someone Apply for Probate?
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Probate is a legal process that gives an executor the authority to manage a deceased person's estate, though it's not always required if the estate is relatively small. If more than one executor is nominated, you must all consent to who will submit the application for probate. To apply by mail, you must submit Form PA1 and the applicable inheritance tax form. Alternatively, you can do everything online. When you get a grant of probate, prepare several copies for asset holders. Note that inheritance tax must be paid before submitting a petition for probate.
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Can an Executor Withhold Payment to a Beneficiary?
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The executor is responsible for disbursing assets to all beneficiaries and must adhere to the will's directions. There are, however, unique situations in which an executor may withhold a settlement, although this would require the consent of all the other executors. Some examples include:
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If unknown debtors arise, the executor is permitted to delay payment until the debts are resolved.
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If the executor is concerned about the welfare of a child beneficiary owing to parental troubles, they can petition the court to delay settlement but must eventually give the child their inheritance when they attain a majority.
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In unusual circumstances where the executor believes that a beneficiary is vulnerable, such as when the beneficiary has a gambling addiction, the payments could be paid into a discretionary trust. If there's no trust, beneficiaries must be paid directly by the executor.
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What Happens If Co-Executors Disagree?
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You may appoint multiple executors to share the responsibility of administering the estate, but they must unanimously concur with the final decision. Sometimes conflicts occur, for instance, over the optimal timing to sell a residence. Difficulties must be resolved for the probate process to proceed. If communication fails, either party may renounce their responsibility as executor or petition the probate court for the other to be removed. You must obtain legal counsel in this case.
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To help ease the burden of handling the probate process, consider hiring a
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. Schmidt & Schmidt SC has the experience you need to ensure the process goes smoothly. Contact us today to see how we can help.
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</div>Check out our post to learn what executors need to know about probate. If you need a probate attorney, give us a call today.probate attorneyReasons to Hire a Divorce Attorney2022-07-06T12:26:55Z2022-07-06T12:26:55Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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According to the U.S. Census, the number of divorces in the United States has reduced by over half in the last 20 years. Divorce can be a challenging process, especially for children. That is why hiring a divorce attorney is essential if you have children. A
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offers advice, experience, and guidance throughout the legal process. Furthermore, they are a perfect source of legal support during and after the breakup. Below are some reasons to hire a divorce attorney.
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Full-Service Legal Support
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When hiring a divorce attorney, you have the chance to think about the divorce from various angles. Your divorce lawyer can help you organize your required paperwork and legal action. If your divorce gets messy or complicated, you need to find an attorney who can offer assistance through every step of the process. A good lawyer should be able to guide you through all parts of the process. If you do not understand the process well, it may be easy to miss a step. You may also overlook a requirement that can cause delays in your case. Once your attorney has all of your information, they can begin compiling it and get through the process efficiently.
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Experts on Divorce
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A divorce attorney will provide invaluable expertise throughout the divorce process. They will work on your behalf to navigate the legal system. A divorce lawyer will be able to assist with finding a reasonable settlement. One of the most significant issues you will face during a divorce is figuring out how to divide your assets and property. Additionally, if your divorce involves children, there are different laws regarding custody, visitation rights, and other issues that can be confusing. You can count on your attorney to offer guidance and advice in helping you put together a reasonable settlement.
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Even if your divorce is amicable, it can be challenging for anyone involved. A divorce attorney offers support and advice when you need it most. Having someone there for you can make a big difference. It can be challenging to know what the best course of action is. Hire an experienced divorce lawyer to handle it for you. Your lawyer can help you understand your legal rights and obligations. For more details about divorce lawyers, contact us today.
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</div>Check out our post to learn about a few reasons to hire a divorce lawyer. If you need representation, give us a call today.divorce lawyerWhy It Is So Important To Have a Will2022-04-21T12:37:28Z2022-04-21T12:37:28Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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While no one likes to think of death, writing a will is one of the most important decisions you'll make. If don't have a will, it's up to the state and judge to determine how your assets will be split after your death. Unfortunately, the judge's ruling might not please the parties involved resulting in family disputes.
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What is a Will?
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A will is a legal document that stipulates the allocation of your property to specified people. Parents with young kids and pets can also define who will be responsible for child or pet care when they die. Your will is generally modifiable until death, so you can add or remove details as you wish to reflect your present state of mind. You can write your will or consult a probate attorney for help.
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According to Merrill Lynch, only 18% of people 50 years and older have finished planning their estate. If you're still unsure about why preparing your will now is an excellent idea, read on.
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Reasons to Get a Will
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Reduce Conflict
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Defining how you want your properties distributed upon your death reduces family conflict. If you have a particular property that you'd love to leave to a specific family member, outlining it in your will ensures that they get it. Your will can also help keep your property out of the hands of people you'd prefer not to have.
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Faster Access
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Your family won't have to wait around for too long to access your estate if you have a will. Without a will, the court process — intestate administration — can become time-consuming and complex. You can decide who manages your estate in your will so that the process of distributing your assets is much easier. Your
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probate attorney
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helps in the settlement of your estate and execution of your will.
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Provide Care for Your Kids and Pets
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In the unfortunate event that both parents die and leave young children behind, a will can help ensure their welfare. You can choose a guardian to provide your child's essentials such as food, clothing, housing, and healthcare. Without a will, the court chooses a guardian for your child and it might not be someone you want.
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If you were thinking of leaving property to your pet, you will have to reconsider it because the court looks at them as property. However, you can leave your pets to someone you trust and leave funds to that person for pet care.
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Support a Cause
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You can still support your favorite cause or charity after you're gone. Your will can contain instructions to support your favorite charity to keep your legacy alive.
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Consider consulting your probate attorney to help you draft your will and manage your estate.
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</div>Learn about a few reasons why it is so important to have a will in place. If you need a probate attorney, give us a call!probate attorneyWhat to Look for in a Divorce Attorney2022-02-15T14:56:45Z2022-02-15T14:56:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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When a marriage falls apart, it can be incredibly difficult for everyone involved. There are so many things to think about and so many decisions to make, it can be hard to know where to start. One of the most important decisions is which divorce attorney to hire. Here are six things to look for in a divorce attorney.
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1. Experience
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The more experience a divorce attorney has, the better. A professional with years of experience can guide you through your divorce and help keep your costs down. They have seen just about every case there is so that they can give you sound advice based on their knowledge and expertise.
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2. Credentials
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When looking for a divorce attorney to hire, check their credentials. The State Bar of your state should have a list of attorneys' names with their bar numbers, educational background information, and any specialty areas. You may not find much information about some attorneys, and that's okay. It is also okay if the divorce attorney you hire doesn't have a lot of credentials listed online. Just make sure they don't have any grievances against them.
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3. Communication Skills
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If you are just starting your divorce, it can be a very confusing time, especially if there are children involved. You need an attorney with whom you can communicate well and who is willing to keep you updated throughout the entire process. They should also explain every piece of information they give you so you can understand it.
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4. Honesty and Integrity
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You need to be able to trust your divorce attorney. They should always act in your best interests and give you clear answers about what they can do for you. If there are any issues, they should tell you upfront so you can make an informed decision together about how to proceed.
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5. Personality
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It's important to find an attorney with a personality that you like and can communicate well with. You will be spending hours together, so if the thought of doing this makes you cringe, it might not be worth hiring them. However, don't write anyone off just because their demeanor doesn't initially sway you. Many people have grown to like and trust their
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divorce attorneys
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after working with them for a while.
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6. Availability
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You need divorce attorneys who will have the time available to focus on your case. You don't want them to be too busy, or they won't have the time to give you what you deserve.
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According to the NCFMR, the divorce rate has dropped by more than 50% since 1980. Even though that's good news, there are still many people who need the help of divorce attorneys. If you find yourself in that position, call us today. We are available at all times to help you through the process and make it as stress-free as possible.
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</div>Learn what you should look for in a divorce attorney. Contact our team of divorce attorneys if you need representation.divorce attorneysPrepare Your Legacy With An Estate Planning Attorney2022-01-11T15:16:00Z2022-01-11T15:16:00Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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As you age, it becomes more and more important to make sure you've got your affairs in order. This includes estate planning, but Merill Lynch estimates that just 18% of people over 50 have completed their estate planning. With an estate planning attorney, you can effectively plan your legacy. Let's take a look at the advantages of working with an
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estate planning attorney
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Make an Enforceable Plan
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A valid trust or will requires certain local requirements to be enforced. An estate planning attorney can ensure that your estate plan is enforceable under the law of the state you live in. They can also make sure your estate plan will be administered correctly and your intentions are carried out as you intend.
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Create a Personalized Plan
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Trying to create an estate plan with form documents will likely result in a one-size-fits-all plan that may complicate your plans for your legacy. By working with an estate planning attorney, you can create a personalized plan. This plan can list your goals, what you want to accomplish with your plan, and the outcomes you want to have. An experienced attorney will be able to draft a plan that fits your wishes.
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Build a Lasting Relationship
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By working with an estate planning attorney, you'll be forming a relationship that may last many years. Even after you both come up with your estate plan, your attorney can be there to make any updates you may want, keep you informed of any changes to laws, and even suggest updates you may want to make. Your attorney can also make sure that your plan meets your needs. Over time, you may decide to make changes to your will or trust and your lawyer will be able to easily make any changes you want.
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Get Started Today
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Crafting an estate plan can be very stressful and difficult to pull off alone. Trying to do so may result in a plan that leaves your family unsure of your intentions after you're gone. With the right estate planning attorney, you can plan your will or trust with all of your specific wishes down to the letter. An estate planning attorney can take all the stress out of planning, so if you need to make a plan, contact an estate planning attorney today.
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</div>Let's take a look at the advantages of working with an estate planning attorney.