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What Documents Are Essential for an Estate Plan in Wisconsin?

Wednesday, 05 August 2026 by HJ
Attorney reviewing an estate plan with clients
Essential Documents to Include in Your Estate Plan Creating an Estate Plan is about more than deciding who will receive your property after you die. A well-designed plan can also help protect you during your lifetime, provide instructions for medical and financial decisions, and reduce uncertainty for the people you love. For Wisconsin residents, an
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Stepchildren Inheritance in Wisconsin: Can Stepchildren Inherit Without a Will?

Monday, 20 July 2026 by HJ
Blended family planning stepchildren inheritance with a Wisconsin estate plan
Stepchildren Inheritance in Wisconsin: What Blended Families Should Know When someone passes away without a will, many families are surprised to learn that their assets may not be distributed according to what they expected. This can become especially complicated for blended families with children from previous relationships, stepchildren, and multiple generations involved. Understanding stepchildren inheritance
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Retirement Accounts After Death: What Wisconsin Families Need to Know

Sunday, 05 July 2026 by HJ
Estate planning attorney helping a retired couple plan retirement accounts after death
Why Estate Planning Matters for Retirement Accounts After Death Many people spend decades building their retirement savings, but far fewer think about what happens to their retirement accounts after death. Whether you have a 401(k), IRA, Roth IRA, pension, or another retirement account, failing to plan ahead can create unnecessary delays, confusion, tax consequences, and
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How Remarriage and Estate Planning After Divorce Affect Your Assets

Saturday, 20 June 2026 by HJ
Close-up of hands signing paperwork and finalizing estate planning after divorce.
Estate Planning After Divorce: Why Updating Your Plan Matters Before Remarrying Divorce marks the end of one chapter, but it is often the beginning of many important legal and financial decisions. While the divorce process focuses on dividing marital property and resolving financial matters, it does not automatically update every estate planning document you may
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How a Living Trust Can Help Your Family Avoid Probate in Wisconsin

Friday, 05 June 2026 by HJ
Attorney meeting with a family to discuss a Living Trust
Understanding How a Living Trust Can Help Your Family Avoid Probate Many Wisconsin families are surprised to learn that having a will alone may not prevent their estate from going through probate after death. Probate is the legal, court-supervised process used to administer an estate, transfer ownership of assets, pay outstanding debts, and distribute property
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What Happens to a House When the Owner Dies? A Guide to Inheriting a House in Wisconsin

Wednesday, 20 May 2026 by HJ
A family standing in front of a residential property after inheriting a house.
Inheriting a House in Wisconsin: What Families Should Know Losing a loved one is emotionally overwhelming, and questions about property ownership can quickly add stress during an already difficult time. If you are navigating the process of inheriting a house in Wisconsin, one of the most common concerns families face is: What exactly happens to
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How to Protect Your Assets from Lawsuits Using a Trust

Tuesday, 05 May 2026 by HJ
Asset Protection Trust Agreement document placed on a desk, legal paperwork related to trusts and estate planning.
How to Protect Your Assets from Lawsuits with Smart Trust Planning Protecting what you’ve built is a critical part of long-term financial and estate planning. Many individuals and families in Wisconsin are looking for effective ways to protect your assets from lawsuits, especially as legal risks can arise unexpectedly. One of the most reliable tools
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5 Common Estate Planning Mistakes That Cost Families Thousands

Monday, 20 April 2026 by HJ
Family reading the article "5 Common Estate Planning Mistakes That Can Cost Families Thousands" on the Horn & Johnsen S.C. website, discussing wills and estate planning.
Common Estate Planning Mistakes You Should Avoid Estate planning is one of the most important steps you can take to protect your assets and your loved ones. However, many individuals and families in Wisconsin still make avoidable errors that can lead to unnecessary legal costs, delays, and emotional stress. Understanding these common estate planning mistakes
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Who Inherits If There Is No Will in Wisconsin? A Simple Guide to Wisconsin Intestacy Laws

Sunday, 05 April 2026 by HJ
Couple discussing estate planning with a lawyer, learning about Wisconsin intestacy laws and how inheritance is determined without a will.
Understanding Wisconsin Intestacy Laws and Who Inherits Without a Will When a person passes away without a will, their estate does not automatically go to whoever the family believes is “next in line.” Instead, Wisconsin intestacy laws determine how property, assets, and belongings are distributed. For many families, this can come as a surprise. Without
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What Happens to a Parent’s Debt After Death in Wisconsin?

Saturday, 21 March 2026 by HJ
Parent’s Debt After Death legal concept – attorney writing on documents during estate planning consultation
Understanding Parent’s Debt After Death and What Families Should Expect When a parent passes away, families are often left not only with grief, but also with questions about finances – especially outstanding debts. One of the most common concerns is whether children are responsible for Parent’s Debt After Death and how those obligations are handled
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What Assets Avoid Probate in Wisconsin?

Thursday, 05 March 2026 by HJ
Woman reading the article “What Assets Avoid Probate in Wisconsin?” on the Horn & Johnsen SC website
Assets That Can Avoid Probate in Wisconsin When someone passes away, many families assume that all property must go through probate court before heirs can receive anything. In reality, that is not always the case. Certain assets that avoid probate in Wisconsin can transfer directly to beneficiaries or surviving owners without going through the court
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Living Trust vs Transfer-on-Death Deed Wisconsin: What Homeowners Must Know in 2026

Friday, 20 February 2026 by HJ
Person signing documents for Living Trust vs Transfer-on-Death Deed in Wisconsin
Living Trust vs Transfer-on-Death Deed for Homeowners: Key Differences Explained For Wisconsin homeowners, deciding how to pass real estate to the next generation through a Living Trust vs Transfer-on-Death Deed is one of the most important estate planning decisions. In 2026, many families are asking the same question: Should I use a revocable living trust
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Planning for Parental Incapacity: A Wisconsin Guide Beyond Traditional Guardianship

Thursday, 05 February 2026 by HJ
Planning for Parental Incapacity Without Court Guardianship As parents age, families often worry about what happens if a loved one becomes unable to manage financial, medical, or personal decisions, making planning for parental incapacity in Wisconsin an essential step to protect their interests and preserve dignity. In Wisconsin, many people assume guardianship is the only
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How to Avoid Family Disputes During Probate: Attorney Insights

Tuesday, 20 January 2026 by HJ
Attorney Dera L. Johnsen-Tracy meeting with clients to discuss estate matters and prevent family disputes during probate in Wisconsin.
How Estate Planning Can Help Reduce Family Disputes During Probate Probate is often one of the most emotionally challenging legal processes a family can face. While it ensures assets are distributed properly, probate can also lead to tension, misunderstandings, and family disputes during probate. Many conflicts arise from unclear planning, outdated documents, or unmet expectations.
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How Estates With an Incomplete or Invalid Will in Wisconsin Are Handled

Monday, 05 January 2026 by HJ
Attorney reviewing an Invalid Will in Wisconsin with a client during a estate planning consultation.
What Happens With an Invalid Will in Wisconsin Probate Estate planning can protect what you’ve worked for and provide peace of mind for your loved ones. But when a key document – such as a will – is missing, unsigned, contradictory, improperly executed, or becomes an invalid will in Wisconsin, it can create confusion, delay
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Year-End Updates to Wisconsin Estate Laws: What Changed and What It Means for Your Family in 2026

Saturday, 20 December 2025 by HJ
Client consultation about Wisconsin estate laws with a lawyer
Practical Estate Planning Considerations Under Wisconsin Estate Laws for Families As 2026 begins, families in Wisconsin should review their estate plans to ensure their documents remain effective and compliant with current estate laws. While some recent legal changes impact trusts, probate, and guardianship, careful planning helps protect assets and loved ones. 1. Wills & Beneficiary
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How do I protect my children’s inheritance after remarriage?

Thursday, 04 December 2025 by Barbara Boustead
How do I protect my children’s inheritance after remarriage
Remarriage brings joy and a fresh start, but it also creates complex estate planning challenges—especially when you have children from a previous relationship. Without careful planning, the inheritance you intend for your children could end up going to unintended beneficiaries, leaving your loved ones without the financial security you worked so hard to provide. At
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Selecting the Right Trustee: Key Legal and Practical Considerations

Thursday, 27 November 2025 by Barbara Boustead
Selecting the Right Trustee: Key Legal and Practical Considerations
Choosing a trustee is one of the most critical decisions you’ll make when creating a trust. This individual or institution will have significant control over your assets and will be responsible for carrying out your wishes after you’re gone or if you become incapacitated. The wrong choice can lead to family conflict, mismanaged assets, and
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How Retirement Plans Should Fit into Your Estate Planning Strategy

Thursday, 20 November 2025 by Barbara Boustead
How Retirement Plans Should Fit into Your Estate Planning Strategy
Retirement accounts represent some of the most valuable assets many people will accumulate during their lifetime. Yet these accounts are often overlooked in estate planning conversations. If you’ve spent decades building up your 401(k), IRA, or pension, it’s essential to understand how these assets fit into your overall estate plan and what steps you can
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How Divorce, Remarriage & Blended Families Affect Wills and Trusts

Thursday, 13 November 2025 by Barbara Boustead
How Divorce, Remarriage & Blended Families Affect Wills and Trusts
Family dynamics have changed significantly over recent decades. Today, blended families—where one or both spouses bring children from previous relationships—are increasingly common. While these families create new bonds and opportunities for love and connection, they also introduce complex estate planning challenges that many people don’t anticipate until it’s too late. At Horn & Johnsen SC,
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Reducing Probate Costs: Strategies to Keep More in the Family

Thursday, 06 November 2025 by Barbara Boustead
Reducing Probate Costs Strategies to Keep More in the Family
When a loved one passes away, the last thing families want to deal with is watching their inheritance diminish due to probate costs. Unfortunately, without proper planning, probate can consume a significant portion of an estate through court fees, attorney costs, executor compensation, and other administrative expenses. The good news? With strategic estate planning, you
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Estate Planning Mistakes You Don’t Realize You’re Making

Thursday, 30 October 2025 by Barbara Boustead
Estate Planning Mistakes You Don't Realize You're Making
Estate planning isn’t just for the wealthy or elderly. It’s a critical process that ensures your assets are distributed according to your wishes and your loved ones are protected when you’re no longer around. Yet, many people make subtle mistakes that can have significant consequences. Here are the most common estate planning errors you might
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Planning for Digital Assets: Secure Your Online Legacy

Tuesday, 28 October 2025 by Barbara Boustead
Planning for Digital Assets Secure Your Online Legacy
Your email inbox holds years of correspondence. Your cloud storage contains thousands of family photos. Your cryptocurrency wallet stores real financial value. Yet when was the last time you thought about what happens to all of this when you’re gone? While most of us have wills and estate plans for our tangible assets, we often
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Estate Planning Considerations for Blended Families

Tuesday, 14 October 2025 by Barbara Boustead
Estate Planning Considerations for Blended Families
Blended families—where one or both partners bring children from previous relationships into a new marriage—are increasingly common. While these families can be filled with love and opportunity, they also present unique estate planning challenges. Without careful planning, unintended consequences can arise, potentially leading to family conflict and financial hardship for those you care about most.
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Estate Planning for Same-Sex Couples: What’s Different?

Monday, 06 October 2025 by Barbara Boustead
Estate Planning for Same-Sex Couples What's Different
Since the landmark 2015 Supreme Court decision in Obergefell v. Hodges legalized same-sex marriage nationwide, and with the recent passage of the Respect for Marriage Act in December 2022, married same-sex couples now enjoy federal recognition and protection of their marriages. However, despite these legal victories, estate planning for same-sex couples still requires careful attention
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How Inflation Affects Your Estate Plan and What to Do About It

Thursday, 25 September 2025 by Barbara Boustead
How Inflation Affects Your Estate Plan and What to Do About It
When you created your estate plan five or ten years ago, a dollar had more purchasing power than it does today. While inflation is a natural part of our economic system, its effects on estate planning are often overlooked until it’s too late. Understanding how inflation impacts your estate plan—and taking proactive steps to address
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Helping Aging Parents: Is Guardianship the Right Step?

Wednesday, 17 September 2025 by Barbara Boustead
Helping Aging Parents Is Guardianship the Right Step
Caring for aging parents is a journey filled with both meaningful moments and difficult decisions. As health concerns, memory loss, or financial struggles begin to emerge, adult children often find themselves stepping into a greater role of responsibility. For some families, this responsibility eventually raises a critical question: Should we consider guardianship? Guardianship is not
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Special Needs Trusts: Protecting Loved Ones and Preserving Benefits

Wednesday, 10 September 2025 by Barbara Boustead
Protecting Loved Ones with Special Needs Trusts in Wisconsin
Families caring for a loved one with a disability face unique challenges. On one hand, they want to ensure financial support, stability, and comfort for their child, sibling, or other family member. On the other hand, they must carefully navigate strict government benefit rules to avoid unintentionally disqualifying their loved one from vital assistance programs
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How a Medicaid Asset Protection Trust Fits Into Your Estate Plan

Tuesday, 02 September 2025 by Barbara Boustead
How a Medicaid Asset Protection Trust Fits Into Your Estate Plan
Most people think of estate planning as writing a will, setting up a trust for children, or naming a power of attorney. These are essential steps, but there’s one often-overlooked risk that can undo years of careful planning: the staggering cost of long-term care. Nursing homes in Wisconsin and across the country can cost $8,000–$10,000
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How to Avoid Probate Delays: Tips for Smooth Administration

Wednesday, 27 August 2025 by Barbara Boustead
How to Avoid Probate Delays Tips for Smooth Administration
When a loved one passes away, their estate often goes through probate, the legal process of validating a will, paying debts, and distributing assets to heirs. Probate exists to ensure everything is handled fairly and legally, but it is rarely quick. In fact, probate in Wisconsin and across the U.S. can take anywhere from several
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Estate Planning Checklists for Every Big Life Stage

Wednesday, 20 August 2025 by Barbara Boustead
Estate Planning Checklists for Every Big Life Stage
Estate planning is not a one-time event—it’s a lifelong process that evolves as your circumstances change. Major milestones such as getting married, buying a home, starting a family, or entering retirement all create new responsibilities and priorities. Without updating your estate plan to reflect these transitions, your wishes may not be carried out the way
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Estate Planning for Business Owners in Wisconsin

Saturday, 02 August 2025 by Barbara Boustead
Estate Planning for Business Owners in Wisconsin
Owning a business is a major achievement — and a serious responsibility. As a Wisconsin business owner, you’re not just managing profits and operations. You’re also building a legacy. That legacy, however, can be at risk without proper estate planning. If you were to pass away or become incapacitated without a solid plan in place,
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LGBTQ Power of Attorney: Healthcare and Financial Planning

Tuesday, 22 July 2025 by Barbara Boustead
LGBTQ Power of Attorney Healthcare and Financial Planning
Estate planning is essential for everyone, but for members of the LGBTQ+ community, it carries additional layers of importance. While marriage equality has helped expand legal protections, gaps and risks still remain—especially when it comes to who can make decisions on your behalf in a medical emergency or handle your finances if you’re unable to.
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Why You Should Review Your Estate Plan After a Divorce

Thursday, 17 July 2025 by Barbara Boustead
Why You Should Review Your Estate Plan After a Divorce
Divorce brings a major life change — emotionally, legally, and financially. But while many people focus on dividing assets and custody arrangements, they often forget one crucial step: updating their estate plan. Failing to revise your estate documents after divorce can have serious — even devastating — consequences. From outdated beneficiaries to unintended inheritance or
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The Hidden Costs of Probate—and How to Avoid Them

Thursday, 10 July 2025 by Barbara Boustead
The Hidden Costs of Probate—and How to Avoid Them
When a loved one passes away, their assets must be distributed to heirs and beneficiaries. This process, known as probate, often brings more than just legal paperwork—it can bring financial surprises, emotional stress, and extended delays. While many assume probate is straightforward or inexpensive, the reality is that it can be a burdensome process filled
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Estate Planning for Family Businesses: Succession Planning Essentials

Saturday, 05 July 2025 by Barbara Boustead
Estate Planning for Family Businesses: Succession Planning Essentials
Family businesses are more than just income sources—they’re legacies. They represent decades (or generations) of hard work, values, and shared purpose. But one of the biggest threats to the longevity of a family business isn’t competition or economic downturns—it’s a lack of proper succession and estate planning. Whether you’re planning to pass the business down
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Guardianship Alternatives: Why Trusts & Powers Can Be Better Options

Tuesday, 24 June 2025 by Barbara Boustead
Guardianship Alternatives Why Trusts & Powers Can Be Better Options
When a loved one becomes unable to manage their personal or financial affairs—due to illness, disability, or cognitive decline—families are often faced with difficult decisions. One of the most commonly considered options is legal guardianship, where a court appoints someone to make decisions on behalf of the incapacitated person. While guardianship can provide necessary protection,
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What Happens When a Parent Dies Without a Will in Wisconsin?

Monday, 16 June 2025 by Barbara Boustead
What Happens When a Parent Dies Without a Will in Wisconsin
Losing a parent is one of life’s most profound and emotional experiences. In the midst of grief, handling their estate can feel overwhelming—especially if they passed away without a valid will. This situation, known legally as dying intestate, can cause confusion, family disputes, and unexpected legal outcomes. In Wisconsin, the absence of a will means
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How Do I Protect My Minor Children Through Estate Planning?

Tuesday, 10 June 2025 by Barbara Boustead
Minor Children Through - Estate Planning
Estate planning isn’t just about managing money and property—it’s about ensuring that your children are loved, protected, and cared for according to your wishes, even if you’re no longer around. For parents with minor children, this process becomes deeply personal. Without proper planning, your children could be placed in the care of someone you wouldn’t
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Avoiding Probate Disputes in LGBTQ Relationships

Thursday, 05 June 2025 by Barbara Boustead
Avoiding Probate Disputes in LGBTQ Relationships
Estate planning is essential for every individual, but for LGBTQ+ individuals and couples, it can be the difference between having your final wishes honored—or completely overridden. Probate disputes often arise when estate plans are incomplete, unclear, or not legally enforceable. For LGBTQ individuals, who may face challenges from unsupportive relatives or from laws that haven’t fully
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Estate Planning for Families with Special Needs Members

Saturday, 31 May 2025 by Barbara Boustead
Estate Planning for Families with Special Needs Members
Families who care for children or adults with special needs face a unique set of responsibilities. While providing emotional and physical care is a daily focus, it’s equally important to plan for the future—especially for the time when parents or primary caregivers are no longer able to provide direct support. Estate planning offers the legal
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Avoiding Guardianship Battles: Why Planning Early Matters

Wednesday, 14 May 2025 by Barbara Boustead
Avoiding Guardianship Battles Why Planning Early Matters
When a loved one becomes incapacitated—whether due to aging, illness, or unexpected tragedy—the question of who will make decisions on their behalf becomes critically important. In these moments, families are often thrust into emotionally charged disputes over guardianship, especially if no clear legal plan is in place. Unfortunately, these battles can strain relationships, delay vital
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Estate Planning for Unmarried Couples in Wisconsin

Wednesday, 07 May 2025 by Barbara Boustead
Estate Planning for Unmarried Couples in Wisconsin
Estate planning is an essential step for everyone, but it’s particularly crucial for unmarried couples in Wisconsin. Unlike married couples, unmarried partners do not automatically have the same legal rights when it comes to inheritance, medical decisions, and property rights. Without proper estate planning, an unmarried couple may face legal challenges and emotional stress in
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How Often Should You Update Your Estate Planning?

Friday, 02 May 2025 by Barbara Boustead
How Often Should You Update Your Estate Planning
When it comes to planning for the future, an estate plan is one of the most important tools you can create. However, just drafting an estate plan isn’t enough. Over time, life circumstances change, and so should your estate planning. But how often should you update your estate plan, and what specific events or situations
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Planning for a Child with Special Needs: Beyond the Trust

Tuesday, 22 April 2025 by Barbara Boustead
Planning for a Child with Special Needs Beyond the Trust
When a child is diagnosed with special needs, families are often faced with a mix of emotions: fear, confusion, and, in many cases, a sense of urgency to prepare for a future that may look different from what they had imagined. One of the most important aspects of preparing for this future is ensuring that
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Common Medicaid Planning Mistakes and How to Avoid Them

Tuesday, 15 April 2025 by Barbara Boustead
Common Medicaid Planning Mistakes and How to Avoid Them
Medicaid is a vital safety net for individuals who need long-term care but can’t afford to pay for it out of pocket. However, navigating the Medicaid system and ensuring eligibility is not always straightforward. Many people make common mistakes during Medicaid planning that can cost them their eligibility or lead to unnecessary penalties, delays, or
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Powers of Attorney: Why Every Senior Needs One

Tuesday, 08 April 2025 by Barbara Boustead
Power of Attorney Why Every Senior Needs One
As we age, planning for the future is crucial to ensuring that our health, finances, and personal affairs are properly managed, especially when we are no longer able to make decisions for ourselves. Among the most important legal tools that seniors should have in place is a Power of Attorney (POA). A Power of Attorney
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How to Handle Disputes Over an Estate or Inheritance

Tuesday, 01 April 2025 by Barbara Boustead
How to Handle Disputes Over an Estate or Inheritance
Disputes over an estate or inheritance can be a challenging and emotionally charged experience for all parties involved. The loss of a loved one is difficult enough without the added stress of disagreements about how their assets should be distributed. Handling these disputes requires understanding the legal landscape, effective communication, and sometimes, the intervention of
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How to Use a Trust to Protect Your Assets from Creditors

Wednesday, 26 March 2025 by Barbara Boustead
How to Use a Trust to Protect Your Assets from Creditors
Protecting your assets from creditors is a vital step in securing your financial future. Lawsuits, debts, and unforeseen liabilities can threaten your wealth, making it crucial to implement strategies that safeguard your hard-earned assets. One of the most effective ways to achieve this is through the use of trusts. A properly structured trust can help
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How to Protect Your Parental Rights in LGBTQ+ Families

Monday, 17 March 2025 by Barbara Boustead
How to Protect Your Parental Rights in LGBTQ+ Families
LGBTQ+ families are built on love, commitment, and shared responsibility. However, legal systems often lag behind in recognizing and protecting diverse family structures. Whether you are a biological parent, an adoptive parent, or a non-biological co-parent, taking proactive legal steps is essential to safeguard your parental rights. Even with the increasing recognition of LGBTQ+ families
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How to Update Your Will After Major Life Changes

Monday, 10 March 2025 by Barbara Boustead
How to Update Your Will After Major Life Changes
Life is constantly changing, and so should your will. Whether you’ve gotten married, had children, or experienced other significant life events, keeping your will up to date ensures that your wishes are carried out and your loved ones are protected. Without regular updates, your will may not accurately reflect your current circumstances, potentially leading to
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Why Estate Planning is Essential for Every Family!

Monday, 03 March 2025 by Barbara Boustead
Why Estate Planning is Essential for Every Family!
Estate planning is a crucial process that ensures your assets are managed and distributed according to your wishes. Without proper planning, your family may face legal hurdles, financial burdens, and unnecessary stress. This blog will explore why estate planning is essential for every family, the key components of an estate plan, and how it can
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Wills vs. Trusts: Which One is Right for You?

Tuesday, 25 February 2025 by Barbara Boustead
Wills vs. Trusts: Which One is Right for You?
Estate planning involves two primary tools: wills and trusts. Both ensure your assets are distributed according to your wishes, but they function differently and offer unique benefits. Deciding between a will, a trust, or a combination of both depends on your personal circumstances, financial situation, and long-term estate planning goals. At Horn Johnsen SC, we
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Considerations in a “Gray Divorce”

Sunday, 03 April 2016 by HJ
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 clients.  To
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Death Probate: What’s the Big Deal?

Monday, 16 November 2015 by HJ
Many people often assume that, if they have a will, then there should be no need for a court proceeding upon death. After all, you spelled out all of your wishes in writing, and even signed your will at a lawyer’s office with witnesses and notaries, so why would a judge get involved? In reality,
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Recent Posts

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    What Documents Are Essential for an Estate Plan in Wisconsin?

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  • Estate planning attorney helping a retired couple plan retirement accounts after death

    Retirement Accounts After Death: What Wisconsin Families Need to Know

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