Real Property Probate & Trust Law Blog | Real Property, Probate, and Trust Law Section
The Real Property Probate & Trust Law Blog, published by the State Bar of Wisconsin, focuses on legal issues related to real property, estate planning, probate, and trust administration within Wisconsin. Topics include the impact of banking practices and legislation on payable-on-death accounts, expiration and preservation of easements, inflation adjustments for terminating uneconomic trusts, copyright termination rights in estate planning, and regulatory challenges related to rural property and agricultural operations such as Concentrated Animal Feeding Operations (CAFOs). The blog addresses statutory interpretation, practical estate planning considerations, and local regulatory frameworks affecting property and trust law.
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Latest from Real Property Probate & Trust Law Blog | Real Property, Probate, and Trust Law Section
Dealing with the Expiring Perpetual Easement Problem
Easements can and do expire in Wisconsin as a matter of law. Even if they are “perpetual.” Even if they are in use. Even if they provide access.Consider This ScenarioJill owns Parcel A on First Street. The neighboring parcel on…
Determining the Inflation Adjusted Amount for Termination of an Uneconomic Trust
Every fall most estate planning professionals start looking for the release of the annual Revenue Procedure that announces federal inflation-adjusted numbers for the coming year. These include the estate tax applicable exemption amount, the gift tax annual exclusion, and the…
Copyrights in the Estate? Termination Right Planning a Must
“Transferring your copyrights to this living trust will activate the copyright termination right.”Estate planning professionals who have never uttered those words may inadvertently have thwarted their clients’ objectives.The copyright termination right (17 USC 203) can be little known…
Who Is Your Neighbor? Buyers Should Beware When Purchasing Rural Property
When is a cow not a cow? When it is part of a herd at a Concentrated Animal Feeding Operation (CAFO), which means that the cow is actually 1.4 “animal units.”A CAFO generally involves a farm operation with more than…
ABLE Accounts: Saving for Children with Disabilities
Many parents worry about how their children are going to be able to afford college. Therefore, it has become relatively common for parents to fund 529 plans in order to save for their children’s college education.Parents can receive a Wisconsin…
Charitable Planning after the 2017 Tax Act
On Dec. 22, 2017, the Tax Cut and Jobs Act (Act) was signed into law.Two major changes made by the Act impact charitable contributions for tax years between Dec. 31, 2017, and Jan. 1, 2026 (the effective period for the…
Handling Firearms in an Estate or Trust Administration
Firearms require special consideration in an estate or revocable living trust administration, especially for a personal representative or trustee who does not own or have a general familiarity with firearms. This article is intended as a practical guide for the…
Legislature Enacts New Standards for Conditional Use Permits
In 2017 Wisconsin Act 67 (effective Nov. 28, 2017), the legislature has enacted new statutory provisions affecting local governments’ consideration of conditional use permit (CUP) applications.BackgroundThese provisions appear to have been adopted as a response to the Wisconsin Court of…
Imperative: Succession Planning for the Family Property
Benjamin Franklin is credited with the oft-repeated saying, “If you fail to plan, you are planning to fail.”This statement is very realistic in its application to the long-term ownership and management of family properties. Many clients have fond memories of…