Mudge Porter Lundeen & Seguin, S.C.Dedicated Legal Counsel In Hudson And Throughout Western Wisconsin2026-09-25T08:12:54Zhttps://www.mpl-s.com/feed/atom/WordPress/wp-content/uploads/sites/1200670/2019/08/cropped-fav-512-32x32.pngOn Behalf of Mudge Porter Lundeen & Seguin, S.C.<![CDATA[3 estate planning documents Wisconsin adults should know about]]>https://www.mpl-s.com/?p=511482026-09-25T08:12:54Z2026-09-25T08:12:54ZA hospital stay can leave someone unable to pay their bills. An accident can put a spouse or family member in charge of financial decisions. A death can leave loved ones sorting through property, accounts and other responsibilities while also dealing with the loss itself. None of these situations requires someone to be wealthy or own a complicated estate.
Estate planning can help put instructions in place before those situations come up. For many Wisconsin adults, three documents can provide a useful starting point: a will, a POA for finances and property, and a POA for health care. Each serves a different purpose, and understanding those differences can help people decide what type of planning may fit their circumstances.
1. A will can explain what happens to property after death
A will lets a person state how certain property should be distributed after death. It can also address other important matters, such as naming a personal representative to handle the estate and, in appropriate circumstances, nominating a guardian for minor children.However, a will may not control every asset. Some property passes outside probate through arrangements such as beneficiary designations or joint ownership.A will can therefore be useful even for someone without substantial wealth. A person may own a home, vehicle, bank account, personal belongings or other property that requires planning.
2. A financial power of attorney can help during incapacity
A will addresses what happens after death. A durable POA for finances and property serves a different purpose: It can authorize another person to act on someone’s behalf while that person is alive.Under Wisconsin law, a durable POA can give an agent broad or limited authority over financial and property matters. Depending on how the document is structured, the agent may be able to act if the person becomes incapacitated.This can matter after an accident, illness or other event leaves someone unable to manage bills, accounts or other financial affairs. Without appropriate planning, family members may need to seek a court-appointed guardian or conservator.
3. A health care power of attorney can address medical decisions
A health care POA lets an individual designate a trusted person to make medical decisions if they can no longer make them independently. Wisconsin’s Department of Health Services encourages adults over 18 to consider this document because it can apply to health care decisions beyond end-of-life treatment.Wisconsin also recognizes a living will, which can state preferences concerning life-sustaining treatment in certain circumstances. A health care POA and living will serve different purposes, so an estate plan may include one or both depending on a person’s wishes.
Estate planning is not only for the wealthy
A person does not need a large estate to benefit from thinking ahead. A will can address property after death, while financial and health care powers of attorney can address important decisions during life.Wisconsin provides statutory forms for some estate planning documents, but choosing and completing a form does not necessarily address every issue a person may face. An attorney can help identify which documents may be appropriate, explain how they work together and account for circumstances such as blended families, minor children, property ownership or beneficiary designations. Legal advice can also help when major life changes affect an existing estate plan, including marriage, divorce, the birth of a child or a significant change in finances. ]]>On Behalf of Mudge Porter Lundeen & Seguin, S.C.<![CDATA[What you should know about spousal maintenance in Wisconsin]]>https://www.mpl-s.com/?p=511472026-08-24T15:37:40Z2026-08-24T15:37:40ZSpousal maintenance can become one of the most significant financial issues in a divorce. This often happens when you and your spouse have very different incomes or when one of you stepped away from work during the marriage. An income difference alone, however, does not guarantee an award.
Here are the key points to understand before you make assumptions about what you may receive or pay.
How Wisconsin courts decide whether to award maintenance
Wisconsin courts consider several circumstances before deciding whether one spouse should support the other. Under Wis. Stat. § 767.56, judges review:
The length of your marriage
Your age, health, education and earning ability
Your standard of living during the marriage
How the court divides your property
Your contributions to your spouse's education or earning ability
Each spouse's ability to provide support
The tax consequences of an award
They weigh these circumstances together rather than treating one factor as decisive. It also considers two main goals: providing support when needed and reaching a fair result for both spouses.
How courts determine the amount of maintenance
Wisconsin courts examine your income, reasonable expenses, ability to pay, child support obligations and the standard of living you shared during the marriage.In Kelly v. Dorschner, a 2025 Wisconsin Court of Appeals decision, they found that the circuit court did not adequately explain its maintenance decision after improperly treating a military pension as income rather than marital property. The case shows why the court must consider how property and income affect the overall analysis.
How courts determine how long maintenance lasts
A court may order maintenance for a set period or leave it open-ended, depending on your circumstances. The length of your marriage, earning prospects and the needs of both spouses can affect that decision.An existing award can also change after a substantial change in circumstances. In Wilson v. Cosgrove, decided in May 2026, the Court of Appeals upheld the termination of indefinite maintenance after significant changes in the parties' income and assets. The case illustrates why an award can change when the circumstances supporting it no longer exist.Borowski v. Borowski, another recent appellate decision, addressed whether a former spouse's romantic relationship could affect an existing award. The court's analysis shows that the specific terms of a maintenance agreement can matter when determining whether payments should continue.
Prepare for the financial questions maintenance raises
Because Wisconsin does not guarantee a particular payment through a simple formula, reviewing your situation with an attorney can help you evaluate your position. Bringing those details to your lawyer can also help you assess a proposed award or identify circumstances that could affect your request for support.]]>On Behalf of Mudge Porter Lundeen & Seguin, S.C.<![CDATA[What happens if a driver refuses an OWI test in Wisconsin?]]>https://www.mpl-s.com/?p=511462026-08-24T12:34:15Z2026-08-24T12:34:15ZThe stop may start with a few simple questions: Where was the driver coming from? How much had the driver had to drink? Then comes a more serious request: Take a breath test. For a driver who has never faced an OWI stop before, it may not be clear what that request means or what a refusal could mean for the driver's license. Wisconsin's implied consent law makes chemical testing different from an ordinary request during a traffic stop. Refusing a test can result in consequences that are separate from the OWI charge itself.
What does implied consent mean in Wisconsin?
Wisconsin uses the term operating while intoxicated, or OWI, rather than DUI. Under the state's implied consent law, a person who drives or operates a motor vehicle on Wisconsin roads is considered to have consented to certain chemical tests for alcohol or drugs when an officer makes a lawful request. Depending on the circumstances, the requested test may involve breath, blood or urine.A driver can refuse a requested test. However, that decision can trigger separate penalties under Wisconsin law. Those penalties may apply even if the driver does not ultimately face an OWI conviction. In other words, a refusal can create a driver's license issue apart from the case involving the alleged impaired driving.
What penalties can follow a refusal?
A chemical test refusal can result in the revocation of driving privileges. The length of that revocation depends in part on the driver's record and the circumstances surrounding the refusal.For example, Wisconsin law provides for:
First refusal: A one-year revocation of driving privileges
Second refusal: A two-year revocation in certain circumstances
Third or subsequent refusal: A three-year revocation
Ignition interlock: Certain drivers may also face an ignition interlock requirement
These penalties are separate from those imposed after an OWI conviction. A driver may therefore face a license revocation for refusing a chemical test while the underlying OWI charge remains unresolved. That distinction can matter for drivers who depend on their licenses for work, school or other daily responsibilities.
Can a driver refuse a blood test?
A driver can refuse an officer's request for a blood sample. However, refusal does not necessarily prevent law enforcement from obtaining the sample. Depending on the circumstances, an officer may seek a warrant authorizing a blood draw. If a judge grants the warrant, law enforcement can generally obtain the sample despite the driver's refusal.This creates an important distinction between refusing a test and preventing the collection of evidence. A refusal may lead to an implied consent revocation, while a valid warrant may still allow law enforcement to collect and test a blood sample.The rules surrounding chemical testing can become difficult to navigate after an OWI arrest, particularly when a driver must consider both the immediate impact on driving privileges and the potential effect on the underlying case.
What should drivers do after an OWI refusal?
An OWI refusal can affect driving privileges and raise legal issues separate from the underlying charge, which can leave drivers unsure about what happens next. The consequences may depend on the type of test, the circumstances of the refusal and the driver's prior record. Speaking with a Wisconsin OWI attorney can help clarify how the law applies to a particular case, what deadlines may matter and what options may be available. ]]>On Behalf of Mudge Porter Lundeen & Seguin, S.C.<![CDATA[Should you deed your Wisconsin home to your kids?]]>https://www.mpl-s.com/?p=511442026-07-15T15:41:04Z2026-07-15T15:41:04ZThe hidden risks of early property transfer
Giving your home to your children during your lifetime creates immediate legal vulnerabilities. Once their names are on the deed, their financial problems become your financial problems. If a child faces a lawsuit, goes through a divorce or files for bankruptcy, creditors can place a lien on your property.
Additionally, this transfer can trigger massive tax penalties for your children. When you give away property, your children inherit your original purchase price as their tax basis. If they sell the house after you pass away, they may owe heavy capital gains taxes.
Transferring ownership can also disqualify you from Medicaid benefits. This is because the government reviews financial transfers made within five years of your application.
Safer legal alternatives to protect your estate
You do not have to jeopardize your home to save your family from the probate process. Wisconsin law offers reliable estate planning options that keep control in your hands:
A transfer on death deed: This document names your children as beneficiaries who will receive the property automatically when you pass away.
A revocable living trust: This tool holds your property securely and passes it to your heirs privately without court involvement.
These legal strategies allow you to retain full ownership and control of your home during your lifetime.
Secure your legacy with a customized plan
Every family situation in western Wisconsin is completely unique. A tailored approach helps find lasting resolutions that protect your home, your assets and your loved ones. You can secure your hard-earned legacy and gain peace of mind. Speaking with an experienced estate planning attorney is a natural next step to establish a secure plan that meets your exact goals.
]]>On Behalf of Mudge Porter Lundeen & Seguin, S.C.<![CDATA[Will joint ownership keep your Wisconsin estate out of probate?]]>https://www.mpl-s.com/?p=511262026-06-09T06:41:50Z2026-06-09T06:41:50ZJoint title as a probate-avoidance strategy
Wisconsin's Marital Property Act governs how spouses hold assets acquired during their marriage. Under this framework, property titled jointly between spouses may carry different legal implications than property held with a non-spouse. These ownership arrangements determine whether the surviving co-owner receives the asset automatically or whether the deceased person's share passes through the estate.
Common forms of co-ownership
The state recognizes the following forms of shared property ownership:
Joint tenancy with right of survivorship: Each owner holds an equal share, and the surviving owner inherits full interest at the other owner's death.
Tenancy in common: Co-owners may hold unequal shares, but there is no right of survivorship. When one owner dies, that person's share becomes part of the estate.
Survivorship marital property: This form functions similarly to joint tenancy and allows the surviving spouse to receive the property without probate.
Adding a co-owner to avoid probate can expose the asset to that person's creditors, legal disputes or money troubles. Once someone else holds title, their debts and liabilities may follow the property no matter what you intended.
A more personal risk is unintended disinheritance. If you add one child to a property title, that child may inherit the full asset at your death and exclude other heirs—regardless of what your will states. This result can create family conflict and undermine an otherwise thoughtful estate plan.
There are tax and benefits implications worth considering too. Transferring a partial interest in property may trigger federal gift tax obligations, and in some cases, it can affect eligibility for Medicaid during the five-year look-back period.
Furthermore, if both co-owners die at the same time or within a short period, Wisconsin's survivorship laws may prevent the automatic transfer from taking effect. In that situation, the property could still pass through probate despite the joint title.
Complementary tools to consider
A transfer-on-death deed lets you name a beneficiary for your real property who receives it at your death without probate. You keep full control during your lifetime and can revoke or update the choice at any point without affecting your ownership.
Revocable living trusts offer another layer of flexibility by letting property pass to beneficiaries without court proceedings. Beneficiary designations on retirement accounts, life insurance and bank accounts work the same way, directing assets to specific people outside of court.
An attorney can review how your assets are titled and identify gaps in your current plan. Using these strategies together may reduce the chance that any part of your estate ends up in court.]]>On Behalf of Mudge Porter Lundeen & Seguin, S.C.<![CDATA[Auto insurance rates in Wisconsin after an OWI]]>https://www.mpl-s.com/?p=511202026-05-15T02:51:07Z2026-05-15T02:51:07ZAn OWI conviction in Wisconsin can affect far more than your driving privileges and criminal record. Many drivers are shocked to discover how dramatically an operating while intoxicated offense can increase their auto insurance costs. In some cases, insurance consequences may continue for years after a criminal case itself is resolved.
Insurance companies view OWI offenses as major risk factors. Even a first offense may cause insurers to classify a driver as high-risk. Once that happens, premiums often rise substantially. Some drivers may see their monthly costs double or even triple depending on their driving history, age and prior insurance claims.
The details of an OWI conviction matter
Wisconsin law does not treat every OWI case the same. Factors such as a driver’s blood alcohol concentration, prior offenses, whether a crash occurred and whether anyone was injured may all influence the long-term financial consequences imposed in the wake of a particular defendant’s conviction. Drivers convicted of multiple OWI offenses typically face even steeper insurance increases because insurers consider repeat offenses a sign of ongoing risk.Some insurance companies may choose not to renew a policy after an OWI conviction. When that happens, drivers are often forced to seek coverage through insurers specializing in high-risk drivers. These policies frequently come with much higher premiums and fewer coverage options.An OWI conviction may also trigger SR-22 requirements in certain situations. An SR-22 is not actually insurance itself. Instead, it is a certificate filed by an insurance company confirming that a driver maintains the minimum required coverage. Drivers required to carry an SR-22 often pay additional filing fees and higher insurance premiums during a required reporting period.Many people underestimate how long these financial consequences may last. Insurance companies typically review driving records for several years when calculating premiums. Even after court fines are paid and license restrictions end, drivers may continue paying elevated insurance rates for an extended period.Because an OWI conviction may result in significant criminal and financial consequences, including insurance coverage issues, seeking experienced legal representation can be extremely important.]]>On Behalf of Mudge Porter Lundeen & Seguin, S.C.<![CDATA[Why a handwritten will might not hold up in Wisconsin]]>https://www.mpl-s.com/?p=511162026-04-10T14:33:11Z2026-04-10T14:33:11ZWhat Wisconsin law actually requires
Handwritten wills carry real weight emotionally, but Wisconsin law does not give them legal weight. A document written entirely in your own hand, no matter how detailed or sincere, does not meet the state's standards for a valid will. Wisconsin Statutes § 853.03 sets out what a will actually needs to hold up in court: your signature, plus the signatures of two competent witnesses who watch you sign and add their own names to the document in your presence.
That requirement exists to protect against fraud and to confirm that the person signing was of sound mind and acting without pressure or coercion. It is not a bureaucratic hurdle. It is a safeguard. But it means that even a carefully written document fails completely if those witness signatures are missing.
What happens when a will does not meet the standard
When a court determines that a will does not meet Wisconsin's legal requirements, it treats the estate as though no will exists at all. Wisconsin's intestate succession laws then govern distribution according to a fixed legal formula.
That formula does not account for your specific wishes. Here is what that can mean in practice:
A longtime partner who never formally married the deceased may receive nothing, regardless of how many years they shared a life and a home.
Assets the deceased intended for one child may split equally among all children, even when the circumstances clearly called for a different arrangement.
A specific piece of land the deceased wanted kept in the family may face forced sale to satisfy the estate's distribution requirements.
None of these outcomes require bad intentions or family conflict. They happen simply because the paperwork does not meet the legal standard.
How straightforward a valid will actually is
The good news is that making a legally valid will in Wisconsin is not complicated once you know what it requires. You need a written document, your signature and two competent witnesses who sign in your presence.
Where people benefit from working with an attorney is in making sure the language in the will actually accomplishes what they intend, that beneficiary designations align with the rest of their estate plan and that nothing stays open to interpretation or dispute later. A straightforward conversation with a Wisconsin estate planning attorney can give your family the clarity that a kitchen table document, however heartfelt, simply cannot.]]>On Behalf of Mudge Porter Lundeen & Seguin, S.C.<![CDATA[Theft charges in Wisconsin: Understanding the different classifications]]>https://www.mpl-s.com/?p=511152026-03-25T12:47:56Z2026-03-25T08:37:06ZHow small incidents turn into felonies
On March 22, 2026, 2025 Wisconsin Act 106 officially took effect, fundamentally altering the prosecution of theft. Under this updated statute, the courts can now combine the value of items stolen across multiple incidents to establish a more serious criminal charge.
Previously, if you stole $600 worth of goods on five different occasions, you could face five separate misdemeanor counts. Now, these incidents can be aggregated into a single charge. The state can total that amount to $3,000, elevating the offense to a Class I felony.
What the different classifications mean for you
Wisconsin maintains a tiered system for categorizing theft based on the assessed value of the property, which is as follows:
Class A misdemeanor: $2,500 or less
Class I felony: $2,501 to $5,000
Class H felony: $5,001 to $10,000
Class G felony: $10,001 to $100,000
Class F felony: Over $100,000
Depending on your charge, you could face penalties that include expensive fines and lengthy jail time.
Why you should not move forward alone
A theft conviction extends beyond the immediate threat to your freedom. It creates a permanent mark on your record that can jeopardize your housing and job prospects for years. The laws regarding this are now more complex, which means the path forward is rarely simple. Seeking legal counsel can give you the guidance needed to create a defense strategy for your case.]]>On Behalf of Mudge Porter Lundeen & Seguin, S.C.<![CDATA[When does divorce trigger capital gains taxes in Wisconsin?]]>https://www.mpl-s.com/?p=511132026-02-26T08:10:53Z2026-02-26T08:02:27ZHigh-net worth divorce can change more than your relationship status. It can also affect your taxes, especially when you sell or transfer valuable property. If you live in Wisconsin, you may want to understand how both state and federal law treat these assets so you can better protect your financial future.
Understanding the tax free transfer rules
In many situations, when you transfer property such as a home, investment account or business interest to your spouse as part of a divorce, the Internal Revenue Service (IRS) does not treat the transfer as a sale. As a result, you often do not face immediate capital gains tax at the time of the transfer.You generally must complete these transfers within a certain time frame. Often, that means within one year after the divorce becomes final or within six years if your divorce judgment requires the transfer.Importantly, the spouse who receives the asset usually takes on the original purchase price, often called the cost basis. If you later sell the asset, you may owe capital gains tax on the increase in value from the original purchase date, not from the date of the divorce. In that sense, the tax responsibility may shift rather than disappear.
Managing the sale of the family home
The family home often represents one of the largest assets in a Wisconsin divorce. To reduce or avoid capital gains tax, you must meet ownership and use rules under federal law.In many cases, you may exclude up to $250,000 of gain if you file as a single taxpayer and meet the two year ownership and residency tests. If you and your spouse sell the home before the divorce becomes final and file a joint return, you may qualify for up to a $500,000 exclusion.However, if the sale takes place after the divorce, each of you generally qualifies for up to a $250,000 exclusion on your respective share of the gain. Because of that difference, timing the sale may affect your overall tax outcome.
Factoring in Wisconsin state tax rules
Although federal law applies nationwide, Wisconsin applies its own income tax rules to capital gains. For long term assets held more than one year, Wisconsin currently allows a 30% capital gain exclusion. In practical terms, the state taxes 70% of the gain at ordinary income tax rates.Since these state rules differ from federal capital gains rates, a settlement that appears balanced at the federal level may carry different state tax consequences. Therefore, you may want to review both layers of tax before finalizing property division.
Looking ahead before you divide assets
Property division in a high net worth divorce can feel urgent. Even so, you might benefit from considering the tax impact attached to each asset. When you review cost basis, potential appreciation and the likely timing of a sale, you may gain a clearer sense of what an equal division truly means after taxes. Careful evaluation can help you make informed decisions that reflect your long term financial goals.]]>On Behalf of Mudge Porter Lundeen & Seguin, S.C.<![CDATA[How often should you update your will?]]>https://www.mpl-s.com/?p=511072026-02-04T15:21:54Z2026-02-04T15:09:34ZScenario #1: Your family grows or lessens in size
When you get married, have kids of your own, gain grandkids and experience deaths within the family, these major changes in your family dynamics must reflect your will. This practice helps ensure that your list of beneficiaries is up to date.
For example, you created your first will after you got married. After a few years, your spouse gave birth to twins. Since you now have children of your own, their names must become a part of your will.
Scenario #2: Your property increases or decreases
Since your will contains your list of property and assets, any increase or decrease in your estate’s size must be formally changed in your document. For example, you recently decided that you want your youngest sibling to inherit your vacation house.
Because you are the only one who knows about this decision, you should put it in writing by adding your vacation house’s details and your sibling’s full name and social security number into your document.
Scenario #3: You move to a new state or country
One of the biggest life events that will have a massive effect on your legal documents is relocation. Whether you have moved to a new state or a different country, your new location must be reflected in your will.
Since states and countries have varying inheritance laws and often carry specific legal requirements, an estate planning lawyer should help review your will's content for you. With their skills, they can help ensure that your document’s authenticity is intact.
Protect your family’s inheritance the right way
By spending your time understanding when you need to update your will, you can safeguard your loved ones’ inheritance the proper way — helping minimize the possibility of legal disputes about your estate in the future.]]>