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Category: Horn & Johnsen News

Avoid Court by Having an Estate Plan in Place Now

Saturday, 24 August 2024 by HJ
Avoid Court by Having an Estate Plan in Place Now
Estate planning isn’t just for the ultra-wealthy or elderly. It’s a crucial step for anyone who wants to ensure their assets are distributed according to their wishes and their loved ones are taken care of. Without a proper estate plan, your family could face lengthy and costly court proceedings. In this blog post, we’ll explore
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Incorporating Cabins and Secondary Homes into Your Estate Plan

Tuesday, 23 July 2024 by HJ
cabin on a lake
When it comes to estate planning, it’s essential to consider not only financial assets but also properties that hold sentimental and practical value, such as cabins and secondary family homes. These properties often serve as retreats from daily life, places of family gatherings, and places of cherished memories. Including these homes in your estate plan
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Navigating the Complexities of Estate Planning for Blended Families

Thursday, 16 May 2024 by HJ
blended families
Estate planning is a critical component of securing the financial future of your loved ones. However, when it comes to blended families, the process can become exponentially more involved. With the complex dynamics and relationships involved, careful consideration and strategic planning are paramount to ensure your wishes are honored and potential conflicts are mitigated. As
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Navigating probate in Wisconsin: The role of Horn & Johnson SC

Wednesday, 03 April 2024 by HJ
Navigating probate in Wisconsin- The role of Horn & Johnson SC
Probate can be a daunting process, especially for those who are unfamiliar with its intricacies. When a loved one passes away, their estate often enters probate, a legal process that involves validating the deceased’s will (if there is one), identifying and inventorying assets, paying debts and taxes, and distributing remaining assets to beneficiaries. In Wisconsin,
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Meet John Horn: Your Estate Planning Seasoned Attorney

Tuesday, 16 January 2024 by HJ
Meet John Horn- Your Estate Planning Seasoned Attorney
As co-founder of Horn & Johnsen SC, John relies on 30+ years of experience in tailored estate planning. With a friendly attitude and a commitment to practical solutions, John has earned rave reviews for his strategic approach to trust and will planning. In essence, John understands that people entrust their estate planning attorneys with the
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Meet Dera L. Johnsen-Tracy: Your Compassionate Guide in Estate Planning

Tuesday, 16 January 2024 by HJ
Meet Dera L. Johnsen-Tracy- Your Compassionate Guide in Estate Planning
In the world of legal professionals, it’s not every day that you come across someone as dedicated, experienced, and personable as Attorney Dera L. Johnsen-Tracy. As a shareholder and co-founder of Horn & Johnsen SC, Dera brings a wealth of knowledge and a personal touch to her practice, specializing in estate planning, probate, and adult
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Navigating the Future: Exploring Living Wills, Revocable Trusts, and Irrevocable Trusts for Comprehensive Estate Planning

Wednesday, 26 July 2023 by HJ
Senior couple planning their will
Estate planning is a crucial step in ensuring the smooth transfer of assets and the preservation of wealth for future generations. When considering estate planning options, three common instruments often come to mind: wills, revocable trusts, and irrevocable trusts. Each serves a distinct purpose, and understanding their differences can help you make informed decisions based
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The importance of preparation: Downfalls of failing to plan for mental incapacity with a living will

Monday, 12 June 2023 by HJ
Excited aged married couple sign will
Life is unpredictable, and while it’s natural to focus on the present, it’s imperative to consider the future as well. ​A part that often goes overlooked is planning for the possibility of mental incapacity, which is a condition in which an individual ​cannot make decisions or understand and appreciate the consequences of their actions due
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What do I need to know about asset freezing?

Thursday, 04 May 2023 by HJ
laptop with "froozen asset" written on screen.
Asset freezing is a legal process by which a court or government agency can prevent individuals or businesses from disposing of or accessing their assets, such as bank accounts, investments, and property. The purpose of asset freezing is to prevent the transfer of assets that may be involved in criminal or fraudulent activities, and to
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Do I need a revocable living trust, a will or both?

Tuesday, 28 February 2023 by HJ
ink pen on legal paper
Do I need a revocable living trust, a will or both? While a will’s intent may seem straightforward, there’s a more direct way to ensure your assets are handled according to your wishes after your death, saving your heirs time and hassle in dealing with the courts. A revocable living trust (RLT) generally involves three
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Why is it important for me to have a will?

Sunday, 29 January 2023 by HJ
Last Will and testament on wooden desktop
Contrary to popular opinion, a will is not only for the wealthy. It allows you to decide how your assets are distributed once you pass away. More than 50% of Americans think that estate planning is at least somewhat important, but only 33% have a will or living trust. That number has only slightly increased
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Estate Planning at Every Stage of Your Life!

Saturday, 17 December 2022 by HJ
Avoid These Common Mistakes When Estate Planning
Although we all know how important it is to have an estate plan, we don’t always realize how different stages or events in our life can affect estate planning. Whether you are looking to have kids, you are going through the midlife challenges of caring for your children and your own aging parents, or if
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Avoid These Common Mistakes When Estate Planning

Thursday, 17 November 2022 by HJ
notebook with estate planning written on paper
We all know how important it is to have some form of estate plan in place, be it a Will or a Trust. In the event of the unexpected, an estate plan can help protect you and make sure your wishes are carried out in regard to your heirs and beneficiaries. However, estate planning can
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Do You Need More Than a Will?

Saturday, 15 October 2022 by HJ
Older couple with document
When many people think of estate planning, their first thought is often of a Will. However, a Will isn’t always the only, or even the best, option. Estate planning is a complicated process and it truly depends on each individual’s unique circumstances and goals. Everyone wants to make sure that their assets are transferred smoothly
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Discuss Estate Planning with Aging Parents

Friday, 19 August 2022 by HJ
An adult son and senior father with tablet sitting on stairs indoors at home.
Parents are used to taking care of their children. So, it can often be a struggle when the roles begin to flip as children become adults and parents grow older. Though it may sometimes be a difficult conversation to broach, being aware of our parents’ end of life plans and helping them consider what other
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Letter of Instruction

Tuesday, 19 July 2022 by HJ
hand of woman holding pen with writing on paper report in office
In addition to a Will and/or a Trust, an additional measure you can take to try to minimize conflict or complications after your death is by creating a Letter of Instruction. A Letter of Instruction typically includes sections on funeral arrangements, financial and personal affairs, and the distribution of personal effects. First, you can make
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How to Protect Your Estate

Saturday, 11 June 2022 by HJ
How to Protect Your Estate
As we have all learned recently while living through a global pandemic, life can deal you any number of surprises, the most difficult being the death of a loved one. As estate planners, we believe it is extremely important that you and your loved ones prepare for the unexpected by making sure that you understand
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Help Your Heirs Avoid Probate With a Living Trust

Monday, 04 April 2022 by HJ
dictionary picture of probate meaning
Probate can be an extremely time consuming and expensive process that is best avoided whenever possible. With this in mind, it is essential to work with an estate planning professional to safely and confidently plan ahead for the future. A living trust can be a great option when it comes to considering the future and
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I Don’t Have Children – Do I Really Need an Estate Plan?

Tuesday, 08 February 2022 by HJ
I Don’t Have Children – Do I Really Need an Estate Plan
Many people who have no children wonder whether they really need an estate plan. After all, when they’re gone, does it really matter? For people who have no children, it can be even more important for them to have a good estate plan in place. Often, the default provisions of Wisconsin law that apply in
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Steps to Prepare for End of Life

Saturday, 15 January 2022 by HJ
person jumping up steps to the end
Many people neglect to take all of the necessary estate planning steps prior to their death, leaving their loved ones to clean up the mess. Currently, more than half of all American adults do not have a will or any other form of estate plan in place. In this situation, your loved ones will not
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What To Do With Your Digital Assets Before You Die

Monday, 20 December 2021 by HJ
laptop and iphone on table with a cup of coffee.
We live in a modern, digital world where a large portion of our lives take place online. With this in mind, it is important to remember your digital assets when organizing your end of life plans. Instead of leaving a digital mess for your family or friends to clean up, consider some of the many
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What is a Special Needs Trust?

Thursday, 14 October 2021 by Barbara Boustead
special-needs-trust spelled out on keyboard key
A Special Needs Trust, also sometimes referred to as a supplemental needs trust, allows the beneficiary, an individual with special needs, to receive necessary financial assistance or support without risking their eligibility for public assistance programs. Many public assistance disability programs require the individual’s income to remain below set limits. The assets in a Special
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Essential Estate Planning Documents

Monday, 23 August 2021 by HJ
Essential Estate Planning Documents with pen
Thinking about your end of life plans is often uncomfortable and many people would prefer to put the process off as long as possible. However, whether you are in your 20s or you are in your 90s, there are a handful of essential estate planning documents that everyone should have in place. First, it is
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A Coordinated Estate Plan

Friday, 02 July 2021 by HJ
A-Coordinated-Estate-Plan
You may have already sat down with an attorney and created a Trust but do you know if any unexpected aspects of your life will work against it? There is more to estate planning than simply creating a Will or establishing a Trust. Making sure all the parts of your life align in order to
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Protecting Your Property from Nursing Home Care Costs

Tuesday, 08 June 2021 by HJ
Protecting Your Property from Nursing Home Care Costs
According to Genworth, the national annual median cost for a nursing home facility is $93,075 for a semi-private room and $105,850 for a private room. A common concern for many individuals and families is that they may require nursing home care in the future, which could deplete the hard-earned assets of their estate. Title 19
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How to Start Downsizing an Estate Before The End

Tuesday, 01 June 2021 by HJ
How to Start Downsizing an Estate Before The End
A good thing to keep in mind is that you don’t have to wait until the end to start downsizing an estate. While you or an elderly family member is still alive, you can start to go through the estate and make decisions that will help ease the transition after death. Take Inventory (of everything!):
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2021 Avvo Clients’ Choice Award!

Thursday, 13 May 2021 by HJ
AVVO Clients' Choice
We are excited to announce that our very own Dera Johnsen-Tracy has won the 2021 Avvo Clients’ Choice Award! This exciting achievement is because of all the exceptional, quality work that Dera provides to her clients everyday. Dera is a shareholder and co-founder of Horn & Johnsen SC and she is a 2008 graduate of
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John Horn Action Coach Interview

Monday, 22 February 2021 by HJ
ActionCoach logo
Recently, ActionCOACH Enrollment Specialist Rob Maniaci interviewed John Horn as a part of their series “Business Owners Speak Out”. They discussed the estate planning business and how Horn & Johnsen has dealt with the COVID-19 pandemic: Rob: Tell me a bit about your business: John: Horn & Johnsen SC does estate planning work. This involves
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Estate Planning 101 w/ Dera L. Johnsen-Tracy

Tuesday, 02 February 2021 by HJ
Family holding model of a house
Dera will provide an overview of estate planning, including the basic estate planning documents everyone should have in place, regardless of your age or the size of your estate, along with a brief discussion about living trusts and when they should be considered. When: February 22, 2021 12:00 PM Central Time (US and Canada) Register
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John Horn Celebrates 30 Years of Practice!

Friday, 29 January 2021 by HJ
John Horn
John Horn is a shareholder and co-founder of Horn & Johnsen SC. He graduated from the University of Wisconsin Law School in 1991 and then served a two-year tenure on the judicial bench as a court commissioner for Marathon County, Wisconsin. While in this role, he learned and implemented wide-ranging areas of law, gaining a
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Leaving Assets to Your Grandchildren

Thursday, 28 January 2021 by HJ
Leaving Assets to Your Grandchildren
Often, grandparents wish to set aside a certain amount or a certain percentage of their estate specifically for their grandchildren. There are several options available to accomplish this objective: 1. Establish 529 college savings plans. This option can be beneficial from an income tax standpoint. You can remain the owner of the plan during your
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Don’t Forget About Your Digital Assets!

Saturday, 12 December 2020 by HJ
Iwatch on wrist
One aspect of estate planning that many people forget is their digital assets, such as social media, websites, financial accounts, and more. As we live in an increasingly digital world, it is important to make sure that you have designated in your will a party to handle retrieving your digital assets and shutting down your
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Start Thinking About Estate Planning Now

Thursday, 12 November 2020 by HJ
Family talking
The holidays are upon us and, for many, this means spending quality time with those we love, both physically and virtually. While we give thanks for what we have and begin to look towards the future, now would be a good time to start thinking about estate planning. Securing every aspect of your future is
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2020 Avvo Clients’ Choice Award

Saturday, 31 October 2020 by HJ
Avvo clients choice award 2020
Attorney Dera L. Johnsen-Tracy has been selected to receive the 2020 Avvo Clients’ Choice Award for outstanding client reviews. Avvo is a legal website that features ratings and reviews for attorneys in every state. Its purpose is to help people get legal advice, find the right lawyer and make informed legal decisions. To see Dera’s reviews, please
AVVOEstate Planning Attorney
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Thirteen Estate Planning Terms You Need to Know

Monday, 19 October 2020 by HJ
Estate planning—it is an incredibly important tool, not just for the uber wealthy or those thinking about retirement. On the contrary, estate planning is something every adult should do. Estate planning can help you accomplish any number of goals, including appointing guardians for minor children, choosing healthcare agents to make decisions for you should you
Estate Planning
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Estate Planning in the Age of COVID-19

Wednesday, 30 September 2020 by HJ
Book, Hourglass
Estate planning is important for everyone, regardless of your financial circumstances.  For example, you could be worth very little and still need someone to make health care decisions for you and manage your bank account in the event you became incapacitated.  Without proper planning, even these simple matters could require a court proceeding. Although estate
Estate PlanningEstate Planning Covid 19
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What Estate Planning in Madison, WI, Commonly Involves for People Like You

Tuesday, 03 March 2020 by HJ
What Estate Planning in Madison, WI, Commonly Involves for People Like You
If you want to make sure that your financial and property distributions are arranged before your death, estate planning service can help you sort out all the details. Here are some of the most common things that estate planning in Madison, WI, involves. Will Drafting or Finalizing If you haven’t yet written a will, your
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Understanding How Property Ownership Affects Your Estate Planning Goals

Wednesday, 19 February 2020 by HJ
estate planning goals 2020
Having a will or a living trust in place is a great start to a comprehensive estate plan. However, it is also important to make sure that all of your assets are titled in a manner that will ultimately accomplish estate planning objectives. The most common forms of ownership are as follows: Sole Ownership Sole
Estate Planningproperty ownership
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Who to Call When You Need a Special Needs Trust Madison WI

Monday, 30 December 2019 by HJ
Special Needs Trust
Once in a while, families will have a need for a special needs trust in Madison, WI. When we do, we want a law firm that can handle this request with professionalism. That is why families often turn to Horn & Johnsen, S.C. Who Are We We are a multi-practice law firm specializing in wills
Special Needs Trust
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3 Reasons It’s Important to Update Your Will

Friday, 06 December 2019 by HJ
living will estate planning attorney madison wi
If you already have a will, you are ahead of the many Americans who have not yet taken this important estate planning step. However, making a will is not a one-time project. For this instrument to remain an effective way to distribute your property, it is vital to periodically review and update your will. An
Estate Planningliving willwills
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How will my family pay for my funeral?

Tuesday, 26 November 2019 by HJ
funeral estate planning madison wi
Upon the death of a loved one, one of the most immediate, pressing concerns is often how the family will pay for his or her funeral expenses. This guide is designed to address common misconceptions and to provide guidance from an estate planning attorney’s perspective. Faulty Solution: I have named my child as a payable-on-death
Estate Planningfuneralliving trustpower of attorney
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What to Consider When Setting Up Trusts for Children

Thursday, 31 October 2019 by HJ
Trusts for children estate planning attorney madison wi
Part of being a parent involves ensuring your children are secure financially when you pass away. This is the reason why it is paramount to pursue estate planning early on when your children are still minors. Many parents have discovered the benefits of trusts for children, and you may want to consider placing your assets
Estate PlanningEstate Planning AttorneyTrusts
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I have an estate plan in place! Now what?

Tuesday, 22 October 2019 by HJ
health care planning madison wi
According to Caring.com’s 2019 survey, 57 percent of U.S. adults do not currently have estate planning documents such as a will or living trust. If you are among the 43 percent who have created an estate plan, congratulations on taking the necessary steps to provide peace of mind for yourself and for your family. Now
Estate Planning
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John Horn Featured on 93.1 JAMZ

Tuesday, 24 September 2019 by HJ
Image
So much fun having Estate Planning Attorney John Horn “Horn & Johnson SC” on #fitandfabulous. My friend John helped me and my family and I feel #fabulous knowing my loved ones will be taken care of when it’s my time to leave this beautiful ???? It’s the BEST GIFT to give❤️ Learn what an estate plan is, what is probate, how can you protect
Estate Planning
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Practical Ways to Maximize the Protection of a Limited Liability Company

Monday, 05 August 2019 by HJ
business law limited liability company madison wi
If you own a small business, you probably have it set up as a limited liability corporation (LLC) or a corporation. This limits your personal liability and protects your assets from corporate creditors. Other than hiring a business law attorney in Madison, what can you do to maximize the protection provided by an LLC? Here
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Dera Johnsen-Tracy Awarded the 2019 AVVO Client’s Choice Award

Tuesday, 09 July 2019 by HJ
Avvo Clients choice award 2019
Madison, Wisconsin, July 2, 2019: Horn & Johnsen S.C. is pleased to announce that Dera Johnsen-Tracy from the firm has been awarded the 2019 AVVO Clients’ Choice Award and been added as Super Lawyers to the 2019 Wisconsin Rising Stars List. Both of these honors are due to the exceptional service she gives to all
AVVOEstate Planning AttorneySuper Lawyers Award
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3 Essential Health Care Planning Documents

Tuesday, 09 July 2019 by HJ
health care planning madison wi
When people think of “estate planning,” they often consider only what will happen with their assets upon death and, if they have minor children, who will care for them.  However, death planning is only one piece of the estate planning puzzle.  A comprehensive estate plan should include not only a will or living trust, but
Estate Planninghealth carehealth care planningliving trust
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Dera L. Johnsen-Tracy of Horn & Johnsen SC Celebrates 10 Years as an Attorney

Wednesday, 27 March 2019 by HJ
Madison, Wisconsin, March 29, 2019: Horn & Johnsen SC is pleased to announce Dera L. Johnsen-Tracy’s celebration of 10 years of practicing law. Dera L. Johnsen-Tracy is Shareholder and Co-Founder of Horn & Johnsen SC. The Wisconsin-based estate planning firm works with clients on a variety of issues to help them confidently and securely plan
AnniversaryAttorneyEstate PlanningPress Release
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Living Trust vs. Will: What You Need To Know

Wednesday, 06 March 2019 by HJ
Senior Citizens shaking hands.
You’ve probably heard the terms living will and trust used interchangeably. Although both a will and a living trust are important estate planning documents, they are actually very different. If you are new to the process of planning for your estate, it’s important understand how living trusts and wills are used. Basic Definitions This document
Estate PlanningLiving TrustsProbateWill
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What Is a Pour-Over Will?

Thursday, 10 January 2019 by HJ
Pouring milk onto an espresso
Many people assume a living trust is all they need to pass on their assets to beneficiaries upon their death. However, unless every asset is documented in the trust, this can be a difficult and long process. A pour-over will can help your estate planning be complete. Pour-Over Will Basics To begin with, a pour-over
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John Horn and Dera Johnsen-Tracy Published in AAII Journal

Monday, 19 November 2018 by HJ
AAII Logo against blue background
Madison, Wisconsin, November 17, 2018: John Horn and Dera Johnsen-Tracy published an article, “Using Beneficiary-Directed Trusts to Protect Your Heirs,” in the October issue of the AAII Journal, the official publication of the American Institute of Individual Investors (AAII). In their article, John and Dera summarize how beneficiary-directed trusts can be used in estate planning,
Estate PlanningNational JournalPress Release
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4 Common Myths About Estate Planning

Monday, 08 October 2018 by HJ
A generic last will and testament.
An estate plan can be complicated, and there are many myths surrounding the process. From probate to guardianship to simple wills and trusts, there are many aspects of planning that should be reviewed by an attorney. Planning is important for every single individual who wants to see their assets and wealth passed down in the
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Best Ways to Avoid Probate

Saturday, 15 September 2018 by HJ
Estate Plan
When an estate must go through the probate court, the process can be long and expensive, sometimes taking years to resolve. The longer the process takes, the more it costs, and the heirs are left with less of the estate in the long run. To avoid these problems, most individuals and probate attorneys do what
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Finding the Right Probate Lawyer

Monday, 06 August 2018 by HJ
probate lawyer madison wi
If you are interested in setting up a plan for your estate if you were to become incapacitated or pass away suddenly, the best way to do that is with the help of a qualified, experienced probate lawyer. Finding a good lawyer can be like searching for a needle in a haystack, so we have
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Conservatorships and Adult Guardianship

Thursday, 12 July 2018 by HJ
adult guardianship estate planning attorney madison wi
As an adult, it is assumed that you can care for yourself and make decisions regarding your estate and your welfare. However, times arise when a person is unable to care for themselves and at that point, a court-appointed decision maker may step in. These people are known as conservators or guardians and they are
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John Horn, Esq. Named to Prestigious 10 Best Estate Planning Attorneys List

Tuesday, 29 May 2018 by HJ
John Horn
Madison, Wisconsin, May 28, 2018: Horn & Johnsen SC Estate Planning Center of Wisconsin is proud to announce that John Horn, Esq., shareholder and co-founder, has been recognized by the American Institute of Legal Counsel (AIOLC) as an AIOLC 2018 10 Best Estate Planning Attorneys in Wisconsin. AIOLC is an impartial third-party attorney rating organization
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Horn & Johnsen SC Invited to Speak at National Symposium in August

Thursday, 26 April 2018 by HJ
symposium-guest-speaker-madison-wi
Madison, Wisconsin, April 20, 2018: Horn & Johnsen SC is pleased to announce the company’s associates have been invited to speak at a national symposium in August. The Wisconsin-based estate planning firm works with clients on a variety of issues to help them confidently and securely plan for their future. Since lawyers John Horn and
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Guest Blog: What is a Daily Money Manager?

Thursday, 19 April 2018 by Barbara Boustead
estate-planning-madison-wi
A professional woman living in California recognized that her elderly mother in the Midwest needed assistance. Distance limited her own ability to assist, so she visited her mother, interviewed prospective caregivers, and hired in-home help. She then returned to the west coast, confident that her mother could remain comfortably at home and would be well
Money Manager
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What are “Spare Tire” Provisions in a Trust?

Wednesday, 31 January 2018 by HJ
spare-tire-provisions-trusts-estate-planning-madison-wi
Well-drafted and comprehensive trusts should contain certain language we often refer to as “spare tire” provisions. For example, you might not have any beneficiaries now who are receiving government benefits based on a disability. Things such as Supplemental Security Income (SSI) or Medicaid. The reality is that we are all one accident away from disability.
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Attorney Dera Johnsen-Tracy Named to the 2017 Wisconsin Rising Stars List

Monday, 20 November 2017 by HJ
super-lawyers-attorney-madison-wi
A Rising Attorney We are pleased to announce that Attorney Dera Johnsen-Tracy of Horn & Johnsen SC has been selected to the 2017 Wisconsin Rising Stars list (this is her second year in a row). This is an exclusive list, recognizing no more than 2.5 percent of the lawyers in the state. Super Lawyers, part
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Guest Blog: A Transition Therapist Can Help with the Uncertainty of an Aging Parent

Friday, 22 September 2017 by HJ
transition-therapy
In the simplest of terms, transitions are difficult because we unconsciously or even consciously resist change, which involves adjustments that we are not prepared to encounter. We will all face this at some point in our lives. One aspect of transition is the uncertainty with what to do with an aging parent? While aging is
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Texas Court Strikes Down Obama Overtime Rule

Thursday, 07 September 2017 by HJ
Judge gavel on a wooden desk, law books background
No change to Fair Labor Standards Act Last week District Court Judge Amos Mazzant in Plano, Texas ruled that recent overtime changes to the Fair Labor Standards Act would not be implemented. You may have heard about this and even been preparing. The changes would have increased the minimum wage for application of the rule
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The Dilemma of Jointly Owned Real Estate

Friday, 28 July 2017 by HJ
unhappy couple having argument at home
The Dilemma of Jointly Owned Real Estate All too often, parents with good intentions leave real estate to multiple children as co-owners. This can be done through lifetime gifting (i.e., through a quit claim deed) or upon death through a transfer on death deed, by will or by trust. Unfortunately, this strategy often creates family
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Avoid the Top 5 Mistakes Made by Women Entrepreneurs – 9/26/2017

Thursday, 27 July 2017 by HJ
Young team leader presenting
Attorney Dera Johnsen-Tracy will present “Avoid the Top 5 Mistakes Made by Women Entrepreneurs” on September 26, 2017 at the Wisconsin Women Entrepreneurs dinner at the Thirst Goat in Fitchburg. Members and non-members are welcome to attend. For details, or to register, Click Here The post Avoid the Top 5 Mistakes Made by Women Entrepreneurs
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Equine Estate Planning: Do you have a plan for your horse?

Tuesday, 22 November 2016 by HJ
animal-trust-estate-planning
The Problem Wisconsin law views our horses and other pets/animals as property. Without written instructions of your wishes, no legal protections exist for your “property.” You cannot leave money or property directly to your animal(s), and informal arrangements are not legally enforceable. What’s the solution? Formally incorporate your four-legged family members into your estate plan! Essential Estate
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When is it too late for Estate Planning?

Friday, 11 November 2016 by HJ
Pensive elderly man portrait, copy space
A Trip to Mexico I recently took a trip to central Mexico to visit my parents, who have retired there. While eating breakfast at a restaurant in the Mérida airport upon our arrival my husband asked my 96-year-old grandmother, who was diagnosed several years ago with Alzheimer’s disease and now lives with my parents, “So Mary,
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The Brady Bunch: What if Mike and Carol had no Estate Plan?

Wednesday, 14 September 2016 by HJ
Photo of Brady Bunch
Many of us grew up watching The Brady Bunch, a popular family sitcom of the late 1960s to early 1970s revolving around a large blended family with 6 children, and many of us can also personally relate to the situation. Statistics show that more than half of all first marriages end in divorce and about 75%
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WISCONSIN RESIDENTIAL REAL ESTATE AND ONLINE FORMS DO NOT MIX

Wednesday, 03 August 2016 by HJ
For Rent Board
Before I start haranguing landlords about the hazards of using online forms, let me start at the beginning of why we have lawyers, laws, and even crazy laws. Lawyers are necessary in this nation of laws. Laws govern collective behavior from how fast you can drive to where you can build a building and whether
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Ten Reasons You Should Not Have a Living Trust

Monday, 23 May 2016 by HJ
happy senior couple with bicycles at summer park
Have you ever considered creating a revocable living trust? If the following apply to you, you might want to reconsider… You want to make things as difficult as possible for your family members upon your death or incapacity. You want your children to fight over your estate when you’re gone. You want a lengthy public
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How Vacation Planning is Similar to Estate Planning

Tuesday, 12 April 2016 by HJ
Mauritius beach
My husband and I just returned from a much-needed vacation to Cozumel, Mexico.  When I considered the steps it took to get us there, it occurred to me that vacation planning is surprisingly similar to estate planning! From considering the type of vacation that made the most sense for our family, to researching options online,
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Considerations in a “Gray Divorce”

Sunday, 03 April 2016 by HJ
Gray-divorce-estate-planning
Gray Divorce The frequency of “Gray Divorce” is increasing in Wisconsin.    According to the Washington Post, in the last 25 years, the divorce rate for couples over 50 years old has doubled.  The rate for those over 65 has more than doubled.  As a Wisconsin divorce lawyer, I have noticed the changing demographic of my
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The Handshake Agreement is Worth the Paper it is Written On

Friday, 11 March 2016 by HJ
probate-airplanes-madison-wi
Airplanes and Wills Co-ownership of an airplane is the cheapest way to fly. Many pilots start out in one of these. Variations of this type of ownership are flying clubs, fractional ownership, or unspoken agreements that more than one person fly an aircraft titled to one person. As the cost of aircraft maintenance and storage
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Common Questions About Medicaid and Medicaid Planning

Tuesday, 26 January 2016 by HJ
medicaid-madison-wi
What Is Medicaid? Medicaid is a need-based medical assistance program administered by federal and state governments. It provides a wide range of medical services to the aged and disabled. You cannot exceed certain income and resource limits if you wish to qualify for Medicaid; you will probably need to “spend down” your assets until you
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Even Vampires Need Estate Planning

Wednesday, 16 September 2015 by HJ
Dracula-blog-post-image
I am often asked whether an estate plan is truly necessary, especially for those who feel they are too young to be concerned about death, incapacity or taxes.  In my professional opinion, unless you can guarantee that you are not going to die or become incapacitated anytime soon, then yes, you do need an estate
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Three Common Estate Planning Mistakes Made with Real Estate

Wednesday, 13 May 2015 by HJ
Real estate agent working in his office
Estate planning truly is the ultimate gift for your loved ones, and a comprehensive estate plan should always include a review of the titles and beneficiary designations for all assets to ensure they are consistent with your estate planning objectives. Otherwise, unintended consequences may ensue. Real estate, in particular, can be the cause of serious family conflict
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How Can I Avoid Probate?

Friday, 20 March 2015 by HJ
Jigsaw puzzles and US dollar note
Estate planning truly is the ultimate gift for your loved ones, and a comprehensive estate plan should always include a review of the titles and beneficiary designations for all assets to ensure they are consistent with your estate planning objectives. Otherwise, unintended consequences may ensue. The manner in which your assets are held will determine whether or
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The True Value of a Turtle Bell

Tuesday, 03 March 2015 by HJ
Turtle Bell Image
My grandparents’ home in San Antonio, Texas was beautiful and mysterious, and was also one of the most uncomfortable places for a young child. Surrounded by irreplaceable artwork and collections from around the world, I learned from an early age not to touch anything. The only exceptions to this rule were two brass turtle hotel
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Buying a New Home? Make Sure Closing is a Happy Event!

Thursday, 26 February 2015 by HJ
Female hand holding key house shaped keychain.
Buying a home can be one of the happiest, most exciting days of your life!  It can also be one of the most stressful! And if the proper pieces aren’t in place, chances are your big day is going to be filled with anxiety and uncertainty. So how can you make sure your closing is a
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How to Make Sure Your Children Don’t Inherit at Age 18

Tuesday, 17 February 2015 by HJ
will-estate-planning-inheritance
If you are the parent of minor children, then having a will in place is essential. In addition to designating guardians for your children and naming a personal representative (a/k/a “executor”), your will also sets forth the disposition of your estate upon your death and should include the creation of testamentary trusts to ensure your
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The Trouble with “I Love You” Wills

Thursday, 05 February 2015 by HJ
Elderly Senior Couple Romance Love Concept
The most common estate planning document used by married couples is affectionately referred to by estate planning attorneys as the “I Love You” Will. Within this type of will, each spouse leaves all assets to the surviving spouse upon the first death, then to the couple’s joint children upon the second death. Provided you and
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5 Reasons You Need a Will if You Have Minor Children

Tuesday, 06 January 2015 by HJ
Family having fun with children
If you are the parent of a minor child or minor children, having a will in place is essential. With a properly drafted will, you can accomplish all of the following: Name a Guardian 1. Your will designates your preference for guardians of your minor children. Name a Personal Representative 2. Your will names a
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Wisconsin Pet Trusts

Tuesday, 18 November 2014 by HJ
A European shorthaired kitten and a beagle
The Attorneys and staff at Horn & Johnsen SC know that our pets are friends, companions and family rather than property. >Unfortunately, Wisconsin law views our pets as property. The bottom line is: without written instructions of your wishes, your “property” can be legally destroyed. Every hour of everyday 50 companion animals are euthanized in
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Who is Responsible for the Debts of My Parents When They are Gone?

Wednesday, 05 November 2014 by HJ
Men are using a calculator to analyze the cost of a credit card.
Over the years, I have received many questions from clients and others regarding estates. A very common question is, “Who will be responsible for the debts of my parents when they are gone?” This question is most concerning when you become aware that your parent(s) do not have sufficient assets of their own to pay
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The Nursing Home Dilemma

Wednesday, 29 October 2014 by HJ
Technology in nursing home
Clients and prospective clients often ask me about legal options available so that they might qualify for Medical Assistance in the event they need nursing home care at some time in the future. Some suggest gifting to their children during their lifetimes while others suggest establishing an irrevocable trust known as a “Medical Assistance” trust
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Do I Really Need an Attorney to Set Up an LLC?

Monday, 20 October 2014 by HJ
Signing legal document
There can be many benefits to creating a Limited Liability Company, whether you own an apartment complex, have a consulting business or are selling cupcakes. With a properly organized and managed LLC, you can protect your personal assets from the debts, obligations, and potential lawsuits of your business. In addition, a Limited Liability Company can
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What Is a WisPACT?

Thursday, 16 October 2014 by HJ
Wispact image
Many individuals, whether young or old, are receiving valuable public benefits such as Supplemental Security Income (SSI) and Medical Assistance. Anyone who has gone through the qualification process for these types of entitlement programs is well aware that the application process alone can be a nightmare!   Sometimes, a well-meaning relative will leave an inheritance
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Cabin Trusts – Let’s Keep It In The Family!

Wednesday, 24 September 2014 by HJ
Couple standing in front of log cabine at winter
In Wisconsin, I have many clients who own a family vacation home “Up North”.  In fact, within my own family, we have a lovely cabin in Vilas County where we spend many relaxing holiday weekends together.  Therefore, I personally understand the importance of planning to ensure a treasured family cabin can remain within the family
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Protect Your Pets with a Pet Trust!

Friday, 22 August 2014 by HJ
Group of pets
What will happen to Fluffy or Benji upon your death? One would hope that a family member or other loved one would agree to care for your pet and expect nothing in return. After all, anyone who knows you fully appreciates that your pet is not just an item of personal property, but a member
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Providing Divorce Protection for Your Children

Monday, 21 July 2014 by HJ
Portrait of sad little girl
Providing Divorce Protection for Your Children Despite the fact that the Baby Boomer generation has seen high divorce rates, my experience has been that parents of Baby Boomers generally did not wish to discuss divorce protection for their children and grandchildren.  Times have changed… Most people now acknowledge that divorce is a common occurrence.  Therefore, why
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