Uncategorized

What is guardianship and how do you avoid it?

Posted on Aug 23, 2018

Guardianship is a court procedure in which an individual is appointed to make certain decisions for another person (the “ward”). The purpose of a guardianship is to protect or assist an individual who, due to mental incapacity, is unable to make decisions, defend him or herself against exploitation, or otherwise provide for his or her needs. The proposed ward may require a guardian of the estate and/or a guardian of the person.  A guardian of the estate handles the ward’s financial matters, similar to a power of attorney for finances, whereas the guardian of the person handles...

Read More

Special Needs Trusts

Posted on Aug 2, 2018

Are you planning to leave assets to a disabled beneficiary upon your death?  If so, consider establishing a special needs trust (“SNT,” also known as a supplemental needs trust) for your beneficiary’s benefit. An SNT is an irrevocable trust (i.e., the trust cannot be revoked or amended) established for the benefit of a disabled individual and managed by a trustee.  Because the trust is not owned by the beneficiary, the trust assets can be used to provide for the disabled person’s needs over and above the essential primary care provided to the disabled person through public...

Read More

What is Elder Law?

Posted on Jul 2, 2018

Elder Law is a fast-growing practice area due to the steadily aging population of both Wisconsin and the nation as a whole.  However, many may not have a good understanding of what Elder Law is, or the services an Elder Law attorney can provide. The practice of Elder Law encompasses the provision of legal services to older and disabled individuals and their families.  For older clients, this can include planning for incapacity and long-term care needs, coordinating available private and public benefits, and working with the client’s family, healthcare providers, other advisors, and...

Read More

Is your child turning 18? Consider suggesting that he or she execute a durable power of attorney and advance healthcare directives.

Posted on Jun 18, 2018

As your child prepares to begin college or enter the workforce, estate planning is likely the last thing on his or her mind—or yours.  However, there are numerous situations in which young adults can benefit from executing basic estate plan documents.  For example, should a child be in an accident and become disabled or incapacitated, even temporarily, his or her parents may not be able to act on the child’s behalf without court approval.  Alternatively, the child may be out of the country (or simply out of town) and require his or her parents to do something as simple as signing a...

Read More

Someday, Even Your Estate Plan Will Be Electronic

Posted on Jun 1, 2018

In today’s day and age, most transactions may be accomplished electronically.  However, there is still one field where old-fashioned pen and paper is typically still required: Trusts and Estates.  Given the sensitivity of estate planning documents, difficulties in authentication, and the potential for data loss or hacking, many people would be (rightfully) hesitant to create or store such documents electronically.  Despite these obstacles, interest in electronic wills and other estate planning documents has increased in recent years. The Uniform Electronic Transactions Act (UETA) of...

Read More

Lin Law LLC welcomes Attorney Emily E. Ames

Posted on Apr 23, 2018

Lin Law LLC is pleased to welcome Attorney Emily E. Ames as an associate attorney. Emily practices in the areas of Estate Planning, Probate, Elder Law, Real Estate, Corporate / Business Matters, and General Civil Litigation. Emily obtained her undergraduate degree from the University of Michigan with a Bachelor of Arts in Linguistics. She is a graduate of the University of Wisconsin Law School, where she served as a managing editor of the Wisconsin Law Review, a class representative for the Student Bar Association, and an intern for the Honorable Shirley S. Abrahamson, Wisconsin Supreme...

Read More