Estate Planning & Elder Law Services

What is Estate Planning?

Estate planning involves creating a set of legal documents and strategies to manage your assets during your lifetime and to distribute them upon your death. A comprehensive plan can help you minimize potential taxes, avoid the public and costly probate process, and provide for your family in the manner you intend. Without a plan, Wisconsin state law will determine how your property is distributed, which may not align with your wishes.

Our Core Estate Planning Services

We tailor each estate plan to our client's unique circumstances and goals. Our foundational services include:



• Wills: The cornerstone of any estate plan, a will outlines your wishes for the distribution of your property and allows you to name a guardian for your minor children.
• Trusts: A powerful tool to manage assets, avoid probate, protect beneficiaries, and potentially reduce estate taxes. We can help you determine if a revocable or irrevocable trust is right for you.
• Durable Power of Attorney for Finances: This document appoints a trusted individual to manage your financial affairs if you become unable to do so yourself.
• Power of Attorney for Health Care: This allows you to designate an agent to make medical decisions on your behalf if you become incapacitated.
• Living Wills (Advance Directives): This document specifies your wishes regarding life-sustaining treatment in end-of-life scenarios.
  

The Hildebrand Law Firm Approach: Your Plan, Your Legacy

We believe in a collaborative and educational approach. Our process begins with listening to your goals and concerns. We explain your options in clear, understandable language and work with you to design a plan that reflects your values. We are committed to building lasting relationships, reviewing and updating your plan as your life and the laws change.

Secure Your Legacy Today

Do not leave your future to chance. A well-crafted estate plan is a gift to your loved ones. Contact Hildebrand Law Firm today to schedule a consultation with our experienced Milwaukee estate planning attorneys and take the first step toward securing your legacy.

Understanding Trusts in Wisconsin

A trust is a fiduciary arrangement that allows a third party, the trustee, to hold and manage assets on behalf of a beneficiary or beneficiaries. Unlike a will, a properly funded trust can help your estate avoid the public, costly, and time-consuming probate process. Trusts offer flexibility, control, and privacy, making them a cornerstone of sophisticated estate planning.

Our Trust Planning and Administration Services

We provide comprehensive counsel on a wide variety of trusts, ensuring we find the right instrument for your specific needs. Our services include:

• Revocable Living Trusts: The most common type of trust, it allows you to maintain control over your assets during your lifetime and can be amended or revoked as your circumstances change. It serves as a vehicle for a seamless transition of assets upon your death, bypassing probate.
• Irrevocable Trusts: These trusts cannot be easily altered once created, but offer significant benefits, including asset protection from creditors and potential reduction of estate taxes. They are often used for advanced estate planning and long-term care planning.
• Special Needs Trusts (SNTs): Designed to provide for a beneficiary with a disability without jeopardizing their eligibility for essential government benefits like Supplemental Security Income (SSI) and Medicaid.
• Charitable Trusts: For clients with philanthropic goals, we can establish trusts that provide an income stream to you or your beneficiaries for a set period, with the remainder of the assets going to your chosen charity.
• Testamentary Trusts: A trust that is created within a will and only comes into effect after your death.
  

The Hildebrand Law Firm Approach to Trust Planning

Creating a trust is a collaborative process. We take the time to understand your family dynamics, your financial landscape, and your long-term objectives. Our approach is built on:

• Strategic Counsel: We don't just draft documents. We advise you on the best type of trust for your situation and help you select the right trustee.
• Meticulous Drafting: We ensure your trust is legally sound, unambiguous, and accurately reflects your intentions.
• Comprehensive Funding: A trust is only effective if it's funded. We guide you through the crucial process of transferring assets into your trust to ensure it functions as intended.
  

Contact Our Milwaukee Trust Attorneys Today

Whether you are looking to establish a new trust or need guidance on administering an existing one, Hildebrand Law Firm is here to help. Protect your assets and secure your family's future. Contact us today to schedule a confidential consultation.

What is Probate in Wisconsin?

Probate is the court-supervised legal process of validating a deceased person's will (if one exists), inventorying their assets, paying off their final debts and taxes, and distributing the remaining property to the rightful heirs and beneficiaries. While it serves a necessary function, the probate process can be lengthy, public, and costly if not managed effectively.

Our Comprehensive Probate and Estate Administration Services

Our role is to lift the legal burden from your shoulders, ensuring the estate is administered correctly and efficiently. We assist personal representatives (executors) with every step of the process, including:

• Filing the Initial Petition: We prepare and file the necessary documents with the appropriate Wisconsin probate court to open the estate.
• Marshalling and Valuing Assets: We help you identify, locate, and create a detailed inventory of all estate assets, from real estate to bank accounts and personal property.
• Notifying Creditors and Heirs: We ensure all legal notice requirements are met for potential creditors and beneficiaries of the estate.
• Managing Estate Debts and Expenses: We assist in verifying and paying the decedent's final bills, taxes, and administrative expenses from estate funds.
• Preparing Accountings: We help prepare clear and accurate financial accountings for the court and beneficiaries.
• Distributing Assets and Closing the Estate: Once all obligations are met, we facilitate the legal transfer of assets to the beneficiaries and file the final paperwork to formally close the estate.
  

Why Choose Hildebrand Law Firm for Probate?

Facing the probate court system alone can be overwhelming. Our firm provides the steady hand you need. We are:

• Experienced: We have a deep understanding of Wisconsin probate laws and local court procedures.
• Efficient: Our goal is to move the estate through the process as smoothly and quickly as possible, minimizing delays and costs.
• Supportive: We offer clear communication and compassionate counsel, understanding that you are dealing with more than just a legal matter.
  

Contact Our Milwaukee Probate Attorneys

If you have been named the personal representative of an estate or are an heir needing guidance, don't navigate the complexities of probate alone. Contact Hildebrand Law Firm today for a consultation to discuss how we can help you honor your loved one's legacy.

Understanding Trust Administration

Trust administration is the process of managing and distributing trust assets according to the terms of the trust document after the creator (grantor) has passed away or become incapacitated. Unlike probate, trust administration is typically a private process that does not involve direct court supervision. However, the trustee must still adhere to a strict set of legal and fiduciary standards.

The Role and Responsibilities of a Trustee

As a trustee, you have a fiduciary duty to act in the best interests of the beneficiaries. Our firm provides guidance on all aspects of this role, ensuring you fulfill your obligations, which include:



• Duty of Loyalty: You must administer the trust solely for the benefit of the beneficiaries.
• Duty of Prudence: You are required to manage the trust's assets as a prudent investor would.
• Duty to Inform and Report: You must keep beneficiaries reasonably informed about the trust and its administration, often requiring formal accountings.
• Duty to Follow Trust Terms: You are legally bound to follow the instructions laid out in the trust document.
• Duty of Impartiality: If there are multiple beneficiaries, you must treat them impartially.
  

Our Trust Administration Services

Hildebrand Law Firm assists trustees in every phase of the administration process:

• Interpreting the Trust Document: We help you understand the specific legal terms and instructions within the trust.
• Notifying Beneficiaries: We ensure proper legal notice is given to all beneficiaries.
• Inventorying and Valuing Assets: We assist in creating a comprehensive inventory of all assets held by the trust.
• Managing and Investing Trust Assets: We work with you and financial advisors to ensure assets are managed prudently.
• Paying Debts and Expenses: We guide you through paying any of the trust creator's final debts and ongoing administrative expenses.
• Preparing Trust Accountings: We help prepare clear, accurate, and compliant accountings for beneficiaries.
• Distributing Assets to Beneficiaries: We oversee the final distribution of assets as directed by the trust, ensuring all legal requirements are met.
  

Protecting Trustees from Liability

Mistakes in trust administration, even unintentional ones, can lead to personal liability for the trustee. By partnering with our firm, you gain a legal advocate dedicated to helping you navigate complexities, avoid common pitfalls, and protect yourself from potential disputes or litigation.

Schedule a Consultation with Our Trust Administration Lawyers

If you have been appointed as a successor trustee, the responsibility can feel daunting. Let Hildebrand Law Firm provide the legal framework and support you need to carry out your duties effectively and honorably. Contact us today to learn more about our trust administration services in Milwaukee.

Understanding Adult Guardianship in Wisconsin

Guardianship is a legal process where a court appoints a responsible person (the guardian) to make decisions for an incapacitated adult (the ward). This is a significant legal step, as it removes certain rights from the individual. A guardianship can be established for:



• Guardianship of the Person: The guardian makes decisions about the ward's healthcare, housing, and personal care.
• Guardianship of the Estate: The guardian makes decisions about the ward's finances, property, and assets.
• A court can appoint a guardian for one or both of these roles.
  

When is Guardianship Necessary?

A guardianship may be appropriate for an adult who is unable to manage their own affairs due to:

• Degenerative diseases like Alzheimer's or dementia.
• Developmental disabilities.
• Traumatic brain injury.
• Severe mental illness.
• Other conditions that impair cognitive function.

The court must find clear and convincing evidence that the individual is incompetent and that a guardianship is the least restrictive alternative to protect them.

The Guardianship Process at Hildebrand Law Firm

Navigating the guardianship process requires careful attention to legal detail and procedure. Our firm will guide you through every step:

1. Initial Consultation: We meet with you to understand the situation, assess whether guardianship is the appropriate solution, and explain the legal standards and process.
2. Petitioning the Court: We prepare and file the petition for guardianship, along with all required supporting documentation, such as a physician's report.
3. Appointment of Guardian ad Litem: The court will appoint an independent attorney (a Guardian ad Litem) to investigate the situation and represent the best interests of the proposed ward.
4. The Court Hearing: We represent you at the court hearing, where evidence is presented to the judge, who will then make a determination on incompetency and appoint a guardian if necessary.
5. Ongoing Guardian Responsibilities: Once appointed, a guardian has ongoing duties to the court, including filing annual reports and accountings. We provide continued counsel to ensure you remain in compliance.
   

A Compassionate and Dignified Approach

We understand that pursuing guardianship for a loved one is an emotional and difficult decision. Our team at Hildebrand Law Firm is committed to handling your case with sensitivity, ensuring the dignity of the proposed ward is respected throughout the process. We work to find solutions that provide the necessary protection while preserving as much of the individual's autonomy as possible.

Contact Our Milwaukee Guardianship Attorneys

If you are concerned about the safety and well-being of an adult loved one and believe guardianship may be necessary, contact Hildebrand Law Firm. We can provide the clear answers and professional representation you need.

Understanding the Scope of Elder Law

Elder law is not defined by a single legal issue but rather by the clients we serve: seniors. It encompasses a broad range of services designed to address financial, healthcare, and long-term care planning. A proactive approach to elder law can help you preserve your independence, protect your life savings from the high cost of care, and ensure your wishes are respected.

Our Comprehensive Elder Law Services

We provide integrated legal solutions that cover all aspects of planning for your later years:



• Long-Term Care Planning: We help you understand your options for future care, from in-home assistance to assisted living and skilled nursing facilities, and create a plan to pay for it.
• Medicaid Planning & Applications: We design legal strategies to help you restructure your assets to meet Medicaid's strict financial eligibility requirements, preserving your wealth for your spouse and family.
• Guardianship and Alternatives: We assist families in establishing guardianships for incapacitated loved ones and explore less restrictive alternatives like powers of attorney when appropriate.
• Estate Planning: We draft wills, trusts, and powers of attorney that are specifically tailored to address elder law concerns, such as protecting benefits and providing for a special needs spouse or child.
• Asset Protection: We utilize legal tools like irrevocable trusts to protect your home and other assets from long-term care costs and other future creditors.
  

Why Choose Hildebrand Law Firm for Elder Law?

Navigating the legal and financial landscape of aging is complex. Our firm provides:



• Holistic Approach: We look at the big picture, coordinating your healthcare directives, financial plans, and estate planning documents to create a cohesive strategy.
• Compassionate Counsel: We understand these are sensitive family matters. We treat every client with the respect, patience, and dignity they deserve.
• In-Depth Knowledge: We stay current on the ever-changing laws regarding Medicare, Medicaid, and veterans' benefits to provide the most effective advice.
  

Plan for Your Future with Confidence

It's never too early to start planning for your long-term needs. Whether you are planning for yourself or assisting an aging parent, Hildebrand Law Firm can provide the guidance you need. Contact us today to schedule a consultation with our Milwaukee elder law attorneys.

Understanding Medicaid (Title 19) Planning

Medicaid planning is not about hiding assets; it is a legal and ethical process of arranging your finances to meet the program's eligibility rules. Without proper planning, you may be forced to "spend down" nearly all of your assets on care before Medicaid will step in. Proactive planning, done well in advance of needing care, provides the most options, but we can also provide assistance to families facing an immediate care crisis.

Our Medicaid Planning and Application Services

We guide clients through the entire complex process, from initial strategy to final approval. Our services include:

• Asset Protection Strategies: We analyze your financial situation and develop a customized plan to protect your assets. This can involve creating irrevocable trusts, strategically transferring assets, converting countable assets into non-countable ones, and utilizing spousal protection rules.
• Protecting the Community Spouse: We ensure the spouse remaining at home (the "community spouse") is able to keep the maximum amount of income and assets allowed under Wisconsin law.
• Medicaid Application Assistance: The Medicaid application is complex and document-intensive. We handle the entire application process, ensuring it is completed accurately and filed correctly to avoid delays or wrongful denials.
• Crisis Planning: If a loved one needs immediate long-term care, we can implement last-minute strategies to preserve as many assets as possible while accelerating eligibility.
• Appealing Denials: If your application has been denied, we can represent you in the appeals process.
  

The Hildebrand Law Firm Advantage

Navigating the Medicaid system is notoriously difficult. A small mistake can lead to a long period of ineligibility. Our firm provides:



• Deep Expertise: We have an in-depth understanding of Wisconsin's complex Medicaid eligibility rules and the "look-back" period.
• Strategic foresight: We create plans that not only achieve eligibility but also align with your overall estate planning and family goals.
• Peace of Mind: We lift the burden of the application process from your shoulders, allowing you to focus on your family's health and well-being.
  

Secure Your Financial Future

Don't let the cost of long-term care jeopardize your financial security. Contact Hildebrand Law Firm today to schedule a consultation and learn how our Milwaukee Medicaid planning attorneys can help protect your legacy.