Mudge Porter Lundeen & Seguin, S.C.Dedicated Legal Counsel In Hudson And Throughout Western Wisconsin2026-06-29T20:43:18Zhttps://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[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.]]>On Behalf of Mudge Porter Lundeen & Seguin, S.C.<![CDATA[Can collaborative divorce reduce costs in Wisconsin?]]>https://www.mpl-s.com/?p=511052026-02-04T10:56:25Z2026-02-04T10:48:10ZDivorce can be stressful and expensive, especially if it turns into a courtroom battle. In Wisconsin, collaborative divorce and mediation offer ways to settle matters more smoothly while keeping costs down.
How collaborative divorce works?
Collaborative divorce focuses on cooperation instead of conflict. Each person works with a specially trained attorney and sometimes a team that may include financial experts or child specialists. The goal is to reach agreements without going to court.Some possible benefits include:
Lower overall costs: Court filing fees stay the same, but avoiding lengthy court procedures can cut lawyer hours for motions, discovery and trial prep.
Custom solutions: You can create a plan that fits your family’s unique needs instead of leaving decisions to a judge.
Better relationships: Open communication can make it easier for families to adjust after the divorce.
The success of collaborative divorce often depends on both parties working in good faith. If one side refuses to cooperate, the process ends and you may need to hire new attorneys for a traditional divorce.
How can mediation save money?
Mediation brings in a neutral third party to guide discussions and help both sides reach agreement. The mediator does not take sides or make decisions but helps find common ground.Mediation can offer:
Faster resolution: Cases may move quicker than waiting for court dates.
Lower fees: Fewer filings and less back-and-forth between lawyers can reduce costs.
Privacy: Most discussions stay confidential under Wisconsin law, with some exceptions like child abuse reporting.
Overall, mediation can provide a more efficient and less costly path while keeping sensitive matters private.
What are other ways to avoid court?
Wisconsin also allows alternative methods to settle disputes. You can use arbitration to divide property or debts more quickly than a trial while still getting court approval for custody or placement. Another option is neutral evaluation, where an expert reviews your situation and offers insight on how a judge might rule, helping both sides set realistic expectations. Exploring these options can save time and reduce stress compared with traditional court proceedings.
Finding a balanced approach
Choosing the right legal process can make divorce less costly and stressful. Collaborative approaches may give you more control over outcomes while helping you protect your resources for the future. No approach guarantees a result, but exploring cooperative divorce methods often makes the process smoother for everyone involved.]]>On Behalf of Mudge Porter Lundeen & Seguin, S.C.<![CDATA[What you should know about the 2 types of divorce in Wisconsin]]>https://www.mpl-s.com/?p=510992025-12-11T09:57:33Z2025-12-11T09:57:33ZYou might worry that divorce could ruin the mutual respect you and your spouse developed throughout your relationship. You may imagine hostile courtroom confrontations and ongoing disputes. However, the reality of ending a marriage isn't always as dramatic as what you see on television.
Divorce processes don't usually have to be disorderly. In Wisconsin, there are two different approaches that can cater to your specific circumstances. Knowing these options can assist you in making the best decision for your future.
Wisconsin as a no-fault divorce state
In Wisconsin, a no-fault divorce system is in place. This means that you don't have to demonstrate any misconduct to dissolve your marriage. You just need to prove that your relationship with your partner is irreparably broken. This approach allows couples to divorce amicably, providing you with choices on how you want to end your marriage. The process depends on how well you and your spouse can compromise and settle matters together. So what do these options actually look like? Let's further discuss the two main types of divorce available to you.
When both spouses can agree
An uncontested divorce usually occurs when both partners agree on all important issues such as how to divide their property, child custody and spousal support payments. This divorce process is often chosen by couples who wish to end their marriage amicably. This route is beneficial for those who want to co-parent effectively and keep strong relationships with their children. It usually takes less time and costs less than other options.However, sometimes it may be difficult to agree on all matters. Thus, should you and your spouse be unable to come to a mutual understanding, there might be other options available for you.
Letting the court resolve your disputes
At times, couples may find it challenging to agree on important terms, leading to a contested divorce. In line with this, the court may step in to make decisions on your behalf. A contested divorce is where a judge will determine outcomes on contentious issues such as dividing assets and custody arrangements. Although this approach can be more time-consuming, it offers a clear framework for concluding your marriage.This option protects your interests when compromise seems impossible. Regardless of which path applies to your situation, you do not have to navigate this process alone.
Choosing the right path for your unique situation
Divorce doesn't have to signal the end of mutual respect. Whether you choose an uncontested or contested divorce, Wisconsin's no-fault system provides you with options. This is where having the right support can make a significant difference. An experienced family law attorney can assist you in exploring your choices and make recommendations on the type of divorce that suits your unique circumstances. Taking this step ensures that you may proceed with your divorce proceeding with confidence, clarity and a plan for the next phase of your life.]]>On Behalf of Mudge Porter Lundeen & Seguin, S.C.<![CDATA[How can personal representatives identify heirs during probate?]]>https://www.mpl-s.com/?p=510872025-10-05T23:20:55Z2025-10-05T23:20:55Zintestate succession laws apply to the estate. The personal representative must then identify the heirs of the decedent and distribute resources to them in accordance with state law.
How cam personal representatives identify the heirs of a person who died without a will?
By reviewing personal records
If the decedent has surviving immediate family members, their personal representative may already know them. Other times, the documents of the deceased individual can provide insight into their personal circumstances. They may have married previously and could have surviving children, even if they have long since divorced. They could have surviving parents or siblings living nearby. Trying to identify the extended family of the deceased individual is often the first step toward locating heirs and informing them of their rights.
By publishing an obituary
Personal representatives have an obligation to publish notice about probate proceedings for creditors. They may also want to consider running a more personal obituary in local newspapers, as well as releasing an online obituary for people to share on social media. Long-estranged family members may come out of the woodwork to express their condolences after learning of an individual's passing. The publication of an obituary is one of the most effective ways to ensure that people learn about an individual's passing before the completion of the probate process.
By working with professionals
An attorney supporting the personal representative can assist them with the process of looking for heirs. In some cases, they may even recommend a service intended to investigate an individual's background and identify surviving family members. Personal representatives generally need to be fastidious in their attempts to locate and communicate with heirs. Otherwise, there could be major complications in the future, especially if the estate includes valuable assets, such as real property.
Knowing how to manage the probate process when a person dies without an estate plan is crucial for the protection of a personal representative. Heirs can be difficult to locate, especially if an individual does not have immediate family members living nearby. Personal representatives may need help locating and communicating with potential heirs as they fulfill their probate-related obligations, and that’s okay.]]>On Behalf of Mudge Porter Lundeen & Seguin, S.C.<![CDATA[Why estate planning is important before retirement]]>https://www.mpl-s.com/?p=510812025-08-12T01:14:08Z2025-08-12T01:14:08ZThe desire to leave a legacy
As people start thinking about what happens after they die, they often plan ways to leave a positive impact on their loved ones or on the world in general. They may fund charitable trusts or leave resources for their children and grandchildren.
People who do not plan in advance are subject to intestate succession laws that prioritize immediate family members. Those hoping to leave resources for grandchildren or charitable causes generally need to plan carefully.
The need for long-term support
When people retire, they have to adjust to living on a fixed income. They could be at risk of creditors making claims against their property if they fall behind on their financial obligations. They also have to consider whether they can afford long-term care as their health declines.
Qualifying for Medicaid can be quite difficult, particularly if people make transfers or provide gifts to others in the five years before they apply. By making strategic moves prior to retiring, professionals can make it easier to qualify for Medicaid and receive the long-term care they require.
The possibility of decline
As people age, their health changes in predictable ways. Their physical capabilities diminish, and their mental acuity may decline as well.
People may need to plan in advance for incapacitation. They can create advance directives explaining their medical wishes. They can also draft powers of attorney to name people they trust to manage their affairs when they cannot.
Creating or revisiting an estate plan is an important component of preparing for retirement. Older adults may need help identifying the support that they may require and drafting appropriate documents.]]>