Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Are assets in a trust exempt from a probate that was opened.

Customer Question
My mom died and my...
Are assets in a trust exempt from a probate that was opened. My mom died and my dad is alive and my sister forced open a probate to thwart him from getting some assets. It’s in Wisconsin so after he died, I as trustee deeded the property into to trust. It was listed as being in the trust in a schedule A. So the laws are different in Wisconsin. It’s marital property, but depends on how a property was titled by spouse, and I am not sure about assets that were listed in the trust if they can bypass probate.
Submitted: 2 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 5 minutes by:
5/30/2018
Estate Lawyer: Barrister, Attorney replied 2 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,030
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply as I am an actual practicing attorney, not an employee of JustAnswer.

.

Assets in a trust don't go into the probate estate. But they have to be placed into the trust before the grantor dies..

.

So if you put the property into the trust after father died, that is improper as it has to be deeded over while he was living to be valid.

.

Listing it on Schedule A doesn't transfer real estate... a deed does.. So someone gave you/him some bad information if they told you just listing it on the A would do it... that only works with personal property with no title/ownership records.

.

So if the property was in mother's and father's personal name when mom passed and still when dad passed, then it goes into the probate estate and has to go through probate court.

.

Bot***** *****ne is that only correctly transferred assets in the trust bypass probate.

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 2 months ago
Wisconsin has different statutes on this. Can you give me the statues on this please. For Wisconsin to support your answer. Each state isn’t different. So are u a Wisconsin lawyer ?
Customer reply replied 2 months ago
By the way, assets that are survivorship marital do not go through probate in Wisconsin, so it depends on how they were held in title between spouses. Which is why I am asking about the trust. I am the trustee. And I heard in wisc you can add assets to the trust by deed. But the asset I am asking about was in their trust and I need confirmation with a statute for Wisconsin.
Estate Lawyer: Barrister, Attorney replied 2 months ago

I will opt out and open the question to other experts to assist..

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,030
43,030 Satisfied Customers
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

43,030 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
My parents have formed a safe harbor trust and associated
Pearl, My parents have formed a safe harbor trust and associated wills. They put their home (600,000) and a recreational property (700,000) into the trust upon one of their deaths. my probelm is it is… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
1993, my father left life estate in personal property to
1993, my father left life estate in personal property to mother, all children remaindermen. A brother just found out he is executor. A sister, who described basic provisions years ago, refused to show… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
1,215 satisfied customers
My father died and had a basic A/ Trust. I need to transfer
My father died and had a basic A/B Trust. I need to transfer 1/2 of the assets into a "bypass trust" and, since his assets are just two savings accounts that are about equal it seems pretty straight f… read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
My mother passed away, last Thursday 4/14/16 in Florida. There
My mother passed away, last Thursday 4/14/16 in Florida. There was a trust created in 2012, removing my dad, the title / deed showed my sister added herself on as 50/50 ownership with mom while my dad… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,182 satisfied customers
I am conservator of an estate in CA. father. who passed away
I am conservator of an estate in CA. for my father. who passed away in March. there is still a probate open in Wisc. for my deceased mom. they were married. oddly, the wisc court re-classified one of … read more
Michael Lykken, Esq
Michael Lykken, Esq
Partner
Juris Doctor
110 satisfied customers
My parents have a family trust and my mom recently passed
Hello My parents have a family trust and my mom recently passed away. I am trying to figure out if there is anythign that needs to be done… read more
socrateaser
socrateaser
1,031 satisfied customers
After my Dad died, my Mom quit-claimed deed a property to me
After my Dad died, my Mom quit-claimed deed a property to me without going through the trust (not on purpose). Both parents are deceased now, and I need to go to probate court to get it handled. My si… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Hi Richard. According to you previous answer, Mom can transfer
Hi Richard. According to you previous answer, Mom can transfer the assets from Dad's trust into her trust. Can you tell me what needs to be done to accomplish this?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Dad, a resident of FL died there in Dec 2013. Each parent had
Dad, a resident of FL died there in Dec 2013. Each parent had a Will and a Trust drawn up in 1997. There is no real property involved. His estate value at death was approx $300,000, and Mom's assets a… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Our sister had a trust set up for parents without my brother
Our sister had a trust set up for parents without my brother & me present. This Trust has a by-pass on a $2 million property to her Trust, & more. Dad is 86, Can he do an amendum so not to cause a hug… read more
socrateaser
socrateaser
1,031 satisfied customers
My mother died in November 2010. My dad died in February 2012.
My mother died in November 2010. My dad died in February 2012. In looking at the estate, there are only really two items they owned: 1. Their house, located in Galveston County, TX 2. two CDs in a loc… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Its Tom in Michigan again... Are you familiar with a QTIP election
Its Tom in Michigan again... Are you familiar with a QTIP election and inheritance tax Indiana?… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
we are growing older. i understand some people change their
we are growing older. i understand some people change their property deed to their children which allows parents to stay their during their life, but they, the children are the true owners/ is that a … read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
Having problems with the Trustee. WE now own my mothers home.
Having problems with the Trustee. WE now own my mother's home. The are 4 sibings. My sister' husband won't let us near any property, and my sister (the Trustee) won't answer when she will sell the hou… read more
Dimitry Esquire
Dimitry Esquire
Attorney at Law
Doctoral Degree
113 satisfied customers
I am the trustee of a living trust established in 1993 with
I am the trustee of a living trust established in 1993 with my mom and step dad. My mother died in December of 2006 then my step dad sold their house (titled as the 1993 trust) in May of 2007. My step… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
Parents created A-B trust on 9/4/98. Father died on 10/15/98.
Parents created A-B trust on 9/4/98. Father died on 10/15/98. Brother as co-trustee and fiduciary of trust funded both A and B trust. Personal estate tax exemption for 1998 was $625,000. According to … read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
My Father remarried to a nice so nice person after our Mom
My Father remarried to a nice so nice person after our Mom died. She has alienated all of his 4 children. She has not been upfront about a will. My Dad told us that she gets to stay in the house until… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My Dad died creating Survivor and Bypass Trusts. My Mom put
My Dad died creating Survivor and Bypass Trusts. My Mom put 100% of home A and 64% of home B in the Survivors Trust and 36% of home B and brokerage accounts in the Bypass Trust. My Mom just got a 500K… read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x