MILWAUKEE & WAUWATOSA
Fricker Law Office has been providing clients throughout Milwaukee and Waukesha counties with exceptional legal representation for over 35 years. We specialize in probate law, and provide legal services in the areas of wills, trusts, estate planning, elder law and real estate matters.
Fricker Law Office was originally located on Burleigh Street in Milwaukee. The office has been located on North Avenue in Wauwatosa since 2003.
The extensive professional experience of Attorney Robert Fricker will assure that you and your family receive timely and efficient service with optimal results. If you need a probate lawyer or estate planning attorney, you’ve come to the right place…
Robert Fricker
Probate Attorney | Milwaukee, WI
WHY CHOOSE US
Probate is our bread and butter, and we love helping families set up their estate plans to avoid probate. If it can’t be avoided, we help you navigate the process so it’s quick and simple.
From creating your first estate plan to figuring out how to settle complex estates, Fricker Law is a one-stop legal shop for families looking to plan for their future.
Fricker family attorneys have been providing expert probate and estate planning services in the greater Milwaukee area for over six decades.
We are proud to serve the Milwaukee & Wauwatosa communities, our family’s home for decades.
We understand that probate and estate planning can be stressful, emotional, and complicated. We are here to help you every step of the way.
We pride ourselves on great communication, timely results, and efficient service. We know you have a busy life, and we are here to make things simpler for you.
WHAT WE DO
At Fricker Law, we understand how important it is to ensure your estate is distributed according to your wishes. That’s why our experienced attorneys can help you set up your estate plan to minimize or avoid probate. Probate can be a lengthy and expensive process, but if properly planned, it can be avoided.
Our team will guide you through the steps of creating an estate plan tailored just for you. We’ll explain all the advantages and disadvantages of different options and provide unbiased legal advice. Additionally, we’ll work with experts in tax law, financial planning, real estate, trust administration, and more to maximize the efficiency of your estate plan.
We offer personalized assistance throughout the estate planning process so that you feel informed and confident in every decision you make. Our goal is to help you create an effective plan that protects your assets while minimizing taxes and other costs associated with probate. Contact us today to learn more about how our experienced attorneys can help you set up your estate.
If you are dealing with an estate that is going through the probate process, we can help. We understand that this can be a difficult and confusing time for those involved, and our compassionate attorneys are here to provide comprehensive support. Our team will ensure that all paperwork is completed correctly and in a timely manner, while also providing expert advice on all legal aspects of the case.
We can help you with all aspects of estate administration and probate, including:
(414) 442-9494
Frequently Asked Questions
What is probate?
Probate is a court-supervised legal process in which the estate of a deceased person is “settled.” This includes distributing assets to beneficiaries, paying off debts, and paying any taxes incurred by the deceased prior to their death or by the estate itself.
If the deceased had a last will and testament, their wishes as outlined in this document are resolved. If they did not have a will, the estate is settled according to state law.
The probate process is overseen by an executor (sometimes called a “personal representative”). This person is either named as executor in the will of the deceased or appointed by the court if no will exists.
What does the probate process look like?
Because every estate is different, the probate process will vary depending on specific circumstances. In general, here is what you can expect:
What does an executor/personal representative do?
If a deceased person made a will, they will have named a person to the role of executor (sometimes called “personal representative”). This is the person responsible for representing the deceased person’s interests during the process of settling an estate. Duties may include managing assets, such as a home, during probate, paying off outlying debts, distributing assets to beneficiaries, and acting as a liaison between the deceased’s surviving family and the probate court.
What does “administration” mean when it comes to probate?
Administration simply means the action of settling an estate through the probate process. There are two types of administration: formal and informal. Formal administration means the process is overseen by a probate judge, and is necessary when one or more parts of the will are contested. Informal administration requires the executor to be present at court hearings if they are necessary, but usually can be completed by mail. Informal administration is only an option when the will is not contested.
Do I need to hire a probate attorney?
An attorney is required to represent the estate during a formal administration process. An estate that only goes through informal administration does not require the support of an estate planning attorney, though the executor may choose to seek professional legal advice and have an attorney present at any informal administrative hearings.
While the register of probate’s staff is available to answer basic questions about the process, they cannot provide legal advice.
Do all of my assets have to go through the probate process?
There are a few situations in which assets do not have to go through the probate process:
In certain situations, other assets may be exempt from probate. To discuss your specific question around this issue, give probate attorney Rob Fricker at Fricker Law a call today.
Will my assets be taxed during the probate process?
Any taxes that were incurred by the deceased before they passed away will need to be paid from the estate during the probate process. The executor is responsible for seeing that this happens.
The State of Wisconsin does not charge estate tax. However, if the estate is valued at $11.40 million (as of 2019), it will be charged federal estate tax.
Is there a way to avoid probate? Should I try to avoid it?
As explained above, in certain situations you can avoid the probate process for certain assets or even an entire estate. Two common strategies for avoiding probate are putting assets into joint ownership or creating a revocable living trust, both of which are not subject to probate.
However, avoiding probate is not a black and white process. If this is something you want to try to do, it is highly advisable to work closely with an experienced estate planning lawyer.
What does a probate attorney do?
Probate attorneys provide legal advice and guidance on matters related to estate planning and the probate process. We specialize in various aspects of this practice, such as managing assets before and after death, drafting wills and trusts, filing paperwork with the court, contesting wills, negotiating tax liabilities, and more.
Probate attorneys also offer counsel to executors of estates during the settlement process. We help ensure that all assets are accurately accounted for and that appropriate notices are sent to beneficiaries.
A Wisconsin probate attorney can also help families who need to settle an estate quickly or resolve issues outside of the probate court system. This may include mediation or arbitration between heirs or negotiations regarding payment plans or other arrangements. Ultimately, a probate attorney is responsible for providing sound legal advice throughout a challenging time in order to protect your family’s interests.
When should I hire a probate attorney?
A probate attorney can help you save time and money by minimizing the amount of time and paperwork needed to complete probate. We are experienced in estate planning and understand the intricate details regarding taxes, inheritance laws, and regulations. A probate attorney can help you create documents like a last will and trust that can minimize your need for probate court involvement. Additionally, we can provide guidance on how to effectively transfer assets to beneficiaries without going through the probate process. By taking these proactive steps, a probate attorney can help you avoid the lengthy process of settling an estate through the court system.
If you are a family member of a recently deceased person whose estate is going through probate, it is important to hire an attorney to ensure the smooth and lawful transfer of assets. Depending on the complexity of the case, this type of legal representation may be necessary from the beginning of the process in order to ensure that all paperwork is filed correctly and all parties involved are informed of their rights and duties.
It is also wise to seek advice from a probate attorney if there is any dispute over the estate or if any family members challenge the validity of a will. This can help provide much-needed clarity on legal issues during a difficult time. In addition, a probate attorney can provide guidance on tax responsibilities associated with estate settlement and inheritance laws for both domestic and international properties.
Finally, hiring a probate attorney early on in the process may also help avoid delays as they have extensive knowledge of what documents are required and how to proceed when difficulties arise. A probate attorney can provide invaluable guidance throughout this extended period so that families can properly settle their loved one’s affairs.
If you need a Milwaukee probate attorney, call us today!
What does “estate planning” mean?
Estate planning is a decision-making process by which you outline your wishes for what should happen to your assets should you become incapacitated or pass away. It is recommended that you consult an experienced estate planning attorney for help with this process. Estate planning is important because if you do not officially outline your wishes for what should happen to your assets when you pass away, that responsibility will fall to the state.
Components of an estate plan often include the following:
Wills, Living trusts, Living wills, Powers of Attorney (financial and healthcare), The naming of a guardian for minor children
What is a will and do I need one?
A will (sometimes referred to as a “last will and testament”) is a written document in which you outline the following:
If you have minor children, you absolutely need to make a will to outline who will care for your children should something happen to you. If you don’t make this decision, the state will decide on your behalf.
Another reason to make a will is if you have assets you want to protect, such as savings, a home, a car, etc. A will allows you to specify what should happen to these assets should you pass away.
If you pass away without a will, the state chooses a representative to execute your estate, and your assets pass to your surviving spouse/children, parents (if you don’t have a spouse or children), or your closest surviving relatives. Without a will, the court is also responsible for deciding who will care for minor children (if you have them), and choosing who will act as your personal representative.
What is a living trust?
A living trust is a legal document you create while you are still alive, transferring all or specific assets in your estate to the trust so they can avoid the probate process after you pass away. While you are living, you control the trust and the assets within it. You will name a trusted person as a “trustee” to manage the trust after you pass away.
Give the experienced estate planning attorneys at Fricker Law a call to learn more about trusts.
If I have a living trust do I still need a will?
Yes. A will and a trust serve different purposes. First of all, there may be assets that you choose not to put in a trust that would need to be included in a will so they are managed according to your wishes after you pass away. A will is also crucial if your estate receives money after your death, as it can outline whether it should be transferred to the trust.
A will is also the document used to name an executor/personal representative and guardian for your minor children. The executor has responsibilities different from those of a trustee.
What is a durable power of attorney? Is that different from a healthcare durable power of attorney?
Yes, these two roles are different (though you may choose the same person for both roles).
A durable power of attorney is a person you choose to be responsible for making financial decisions on your behalf should you become incapacitated. Examples for what your durable power of attorney may have the authority to do are: sign legal documents, buy and sell property, and pay bills and taxes.
Note: a durable power of attorney’s authority is only applicable if you become incapacitated and unable to make these types of decisions yourself. Once you pass away, these responsibilities fall to the person you’ve named as executor or personal representative for your estate.
A healthcare power of attorney is an individual you choose to make medical decisions for you should you become incapacitated. Once you are over 18 no one, not even a spouse or parent, has the authority to make medical decisions for you unless they are named as your healthcare power of attorney. It is crucial that you discuss your wishes with the person in this role so they can fulfill their responsibility.
For questions about durable power of attorney for both healthcare and financial matters, contact Fricker Law today.
What is a living will?
A living will is a separate legal document from both a last will and testament (a “will”) and a durable power of attorney for healthcare. In a living will, you outline your wishes around the issue of life-prolonging medical treatment.
A living will is only valid should you become incapacitated and cannot make these decisions on your own.
You can grant authority to make decisions on your behalf around life-prolonging medical treatment to the person you’ve chosen as your durable power of attorney for healthcare. If you have done this and have a living will, and there is a conflict between the two documents, the durable power of attorney trumps what is outlined in the living will.
(Near Mayfair Mall)
FREE parking lot behind our office
Attorney Robert E. Fricker
WI State Bar # 1006560
