Becker, Hickey & Poster, S.C.Milwaukee Family Law Attorney | Estate Planning & Probate Lawyer2026-05-26T18:11:07Zhttps://www.beckerhickey.com/feed/atom/WordPressOn Behalf of Becker, Hickey & Poster, S.C.<![CDATA[Will I lose everything to pay for elder care?]]>https://www.beckerhickey.com/?p=501122026-05-26T18:11:07Z2026-05-26T18:11:07Z families delay planning for elder care because they assume it will automatically wipe out everything they own. That fear is understandable but it is often based on misconceptions. Public benefits can help cover certain long-term care costs, and with the right strategy many people can preserve meaningful assets for a spouse, a home, or future heirs. The key is knowing what is realistic and acting before a crisis forces expensive decisions.
Common misconceptions
A common belief is that needing nursing home care means you must spend down to nothing. Another is that applying for Medicaid requires selling the home immediately or leaving a healthy spouse destitute. In reality, most states recognize protections such as spousal resource rules, exemptions for certain assets and planning tools that can lawfully preserve wealth when used wisely.Before you assume the worst, it helps to separate myths from how benefit programs typically work:
Myth: You must lose your house to get help.
Reality: In many situations the primary residence may be treated differently than other assets, especially when a spouse or certain family members live there.
Myth: Medicaid means you can keep nothing.
Reality: Eligibility rules often allow you to retain some assets, and married couples may have additional protections.
Myth: You can wait until care is needed and fix it later.
Reality: Timing matters, and late planning can reduce options.
While it is true that public benefits may be available, it is also true that families routinely burn through assets when they rely on private pay longer than necessary, make gifts without understanding look-back rules, or sign admission paperwork without reviewing financial obligations. The financial drain is not always the cost of care alone. It can also come from avoidable penalties, duplicated services, or poorly coordinated decisions among family members.
Three tips to protect assets and still get quality care
The following steps can reduce the chance of unnecessary spend-down:
Start planning before a health crisis. Early planning often preserves more options and reduces the risk of eligibility penalties.
Coordinate legal, financial and care decisions. Align powers of attorney, beneficiary designations and care plans so that actions taken today do not create problems tomorrow.
Get guidance before making transfers or signing facility contracts. A single misstep can trigger delays, penalties or personal liability.
Taken together, these tips help families pursue benefits lawfully while keeping more of what they have built.Elder care planning is not about hiding assets or assuming defeat. It is about understanding the rules, avoiding common traps and making choices that protect dignity and financial stability. With informed planning, many families can access assistance and still preserve significant assets. Without it, even substantial savings can disappear faster than expected.]]>On Behalf of Becker, Hickey & Poster, S.C.<![CDATA[What makes an estate plan complete in Wisconsin?]]>https://www.beckerhickey.com/?p=501112026-02-16T03:28:29Z2026-02-16T03:28:29ZMany people believe a simple will is enough. In Wisconsin, a complete estate plan usually requires more than one document working together.
Why a will alone may fall short
A last will and testament directs how your assets pass after death. It lets you name a personal representative and guardians for minor children. Without a will, Wisconsin intestacy laws control who inherits.However, a will does not avoid probate. It also does not control assets with beneficiary designations or joint ownership. If you rely only on a will, your estate may still face court involvement and unintended results.This matters because probate can delay access to funds and create public records. If you become incapacitated, a will offers no authority for someone to manage your finances or make medical decisions. Your family could need court approval to act.
How Wisconsin marital property law affects your plan
Wisconsin follows a marital property system under Chapter 766 of the Wisconsin Statutes. Most assets acquired during marriage are owned equally by both spouses.This 50/50 framework may limit how you transfer certain assets. A will alone may not override a spouse’s ownership rights. In some cases, a marital property agreement can reclassify assets or direct transfers at death.
Core documents Wisconsin adults may need
A complete estate plan often includes several coordinated documents. Each serves a distinct role:
Last will and testament: Says who gets your property and who will care for your minor children.
Revocable living trust: Can help your family avoid probate and manage your property if you cannot.
Durable power of attorney for finances: Lets someone you trust handle your money and bills if you are unable to.
Power of attorney for health care: Lets someone you trust make medical decisions for you.
HIPAA authorization: Allows trusted people to see your medical records.
Beneficiary designations: Decide who receives your retirement accounts and life insurance money.
When these documents align, your plan is more likely to reflect your intentions. If they conflict, contracts and state law may control instead of your wishes.
Why legal guidance matters
Estate planning involves state-specific rules, tax considerations and ownership laws. Small drafting errors or outdated beneficiary forms can undermine your goals. What seems simple on paper may create unintended consequences later.An attorney can review your assets, family structure and marital property status. Careful planning may reduce disputes, clarify authority during incapacity and provide a clearer path for your loved ones.]]>On Behalf of Becker, Hickey & Poster, S.C.<![CDATA[Can child support be modified if income changes?]]>https://www.beckerhickey.com/?p=501102025-11-27T14:14:51Z2025-11-27T14:14:51ZThe law allows changes for substantial shifts
You can ask the court to modify support when your income changes significantly and the impact isn’t just short-term. A job loss, pay cut, new promotion or major medical issue are all examples the court may consider, as long as they clearly affect your ability to pay or your child’s financial needs. Minor or temporary changes usually are not enough on their own.
You must file a motion to change support
To officially request a change, you will need to file a motion with the court. If it has been 33 months or more since the last order, you can request a review without showing additional proof. If it has been less than that, you will have to show clear evidence that the financial change is both substantial and likely to last.
The court looks at fairness, not just numbers
After you file, the court won’t simply run your new income through a formula and approve the change. Judges start with the state’s child support guidelines, but they don’t stop there. They also look at how much time your child spends with each parent, how much you each earn now and whether any new expenses affect your child’s day-to-day life. The goal is to find a fair outcome based on the full picture.
If things have changed, don’t wait to act
Whether you are making more or struggling to keep up, you don’t have to guess what the court might do. Talk to a family law attorney early so you can make informed decisions, protect yourself from arrears and adjust things before the situation gets harder to fix. One smart step now can save you a lot of stress later.]]>On Behalf of Becker, Hickey & Poster, S.C.<![CDATA[Addressing medical emergencies in an estate plan]]>https://www.beckerhickey.com/?p=501092025-09-03T23:25:46Z2025-09-03T23:25:46ZPeople can draft advance directives
The state recognizes a variety of documents that take effect while an individual is alive but incapable of managing their own affairs. People can draft living wills that explain their medical preferences for the sake of their families and any health care professionals providing them with treatment.
They can also create powers of attorney. Medical powers of attorney give another person authority to make decisions about an individual's treatment if they cannot communicate their wishes to others. Financial powers of attorney can ensure that a trustworthy person pays an incapacitated adult’s bills.
People may choose to draft durable powers of attorney that protect them from guardianship while they are older. If people experience cognitive decline, family members or even professional caregivers could petition the courts asking for the authority to manage a vulnerable person’s daily life and resources. Durable powers of attorney can protect people from guardianship.
People can even draft advance directives explaining their wishes for their physical remains after their passing. Their estate plans can include documents that protect people when they are vulnerable and answer challenging questions for their loved ones.
Creating a variety of documents or expanding an existing estate plan can help people age with grace and feel confident about the legacy they may leave when they die. Adults preparing for retirement, those facing medical challenges and those without spouses to support them are among the various groups of people who may benefit from creating more robust estate plans.]]>On Behalf of Becker, Hickey & Poster, S.C.<![CDATA[Are you ready to face these key gray divorce legal issues?]]>https://www.beckerhickey.com/?p=501082025-05-30T15:44:22Z2025-05-30T15:44:22ZWhat unique legal issues will you need to face in your gray divorce?
Any divorce can have a handful of contentious issues that have to be addressed. But in the context of a gray divorce, the stakes can be even higher. If you’re preparing to go through divorce at a later stage in life, then you should be prepared to appropriately advocate for yourself when dealing with the following issues:
Division of retirement accounts: If you’re older, then there’s a higher chance that you have significant retirement assets built up. How they are divided can dictate what your future looks like, especially given that you may not have enough working years left to replenish the retirement funds that you lose. Therefore, you’ll have to be careful with how you handle these assets in your divorce, ensuring that you receive your fair share of them under the circumstances. Keep in mind, too, retirement assets have to be divided in a specific way, otherwise they could be subjected to additional taxation.
Alimony:Spousal support can be a major issue in many divorces. For older individuals, though, it can be even more contentious given that the spouse who seeks alimony may not have the time or resources necessary to become self-sufficient. This can put the paying spouse on the hook for a significant period of time, thereby disrupting their financial stability for a long time to come.
Insurance: Purchasing insurance coverage on the open market can be incredibly expensive. If you don’t take that reality into account when trying to settle or litigate your divorce, then you could end up paying more in insurance premiums than you ever expected.
The family home: If you and your spouse have lived in the martial home together for a while, then there’s probably a lot of sentimental attachment to it. You’ve probably also built up a lot of equity. This can make the family home the most valuable asset in your divorce. While you might be tempted to fight to keep it, doing so may not be in your best interests given the high costs associated with maintaining a residence on your own.
Your mental wellbeing: A divorce can take a toll on your emotional and psychological wellbeing. The impact can be amplified if you’re in a long-term marriage or you’re later in life. To get the most out of your divorce, you have to know how to protect yourself, including your mental health. So, don’t be shy about seeking out counseling or support groups to help you get through your marriage dissolution.
Be prepared with a solid divorce legal strategy
We know there’s a lot to deal with when navigating a gray divorce. But don’t let the anxiety and uncertainty of it all paralyze you into inaction. You have to be proactive to shield your interests and build the future you want for yourself. That’s why now is the time to carefully think through your legal options so that you can develop a strategy that works for you.]]>On Behalf of Becker, Hickey & Poster, S.C.<![CDATA[Avoiding the Divorce Pitfalls Unique to High-Income Couples]]>https://www.beckerhickey.com/?p=501062025-02-27T04:41:09Z2025-02-27T04:41:09ZUnderstanding the Complexities of Asset Division
For couples with an extensive variety of valuable assets, property division can be particularly intricate. Wisconsin follows the community property model, which generally means that marital property is divided equally. However, Wisconsin law allows for exceptions based on certain factors, such as the length of the marriage, the property brought to the marriage by each party, and each party's contribution to the marriage.
High-income couples often have complex assets, including business interests, investment portfolios, and real estate, which require detailed valuations and considerations beyond the typical marital property. Engaging financial experts and legal professionals early in the process can help ensure accurate appraisals and equitable division of assets – and can help you to identify if your spouse is purposefully concealing or divesting themselves of assets in anticipation of the divorce.
Preparing for Spousal Support and Lifestyle Considerations
Another significant concern for many couples is the determination of spousal support. The standard of living established during the marriage is a critical factor in setting maintenance payments. The court considers the needs of the recipient spouse and the ability of the other spouse to provide support. High-income divorces often involve substantial spousal support obligations, requiring careful negotiation to balance fairness and financial sustainability.
To mitigate potential disputes, high-income couples should consider creating prenuptial or postnuptial agreements that outline spousal support arrangements. These agreements can provide clarity and reduce uncertainty during divorce proceedings.
High-income couples in Wisconsin can face distinct challenges during divorce, but with proper planning and expert legal guidance, these challenges can be managed effectively. By understanding the complexities of asset division, preparing for lifestyle changes, and leveraging the expertise of a seasoned attorney, you can work with your spouse towards a smoother, more efficient divorce process.]]>On Behalf of Becker, Hickey & Poster, S.C.<![CDATA[What to know about Title 19 Medicaid eligibility]]>https://www.beckerhickey.com/?p=501022024-12-19T17:01:41Z2024-12-11T16:58:44ZHow is Title 19 eligibility determined?
Not everyone qualifies for Title 19 Medicaid assistance. Generally speaking, the government will assess your income and your assets to determine if you qualify for Medicaid assistance. For example, a single individual can only have about $2,000 of countable assets. Couples can have more assets, but there’s still a significant limitation on them.
That said, there are several assets that aren’t considered “countable” for Title 19 eligibility purposes. Much, if not all, of your home’s equity is exempt from eligibility consideration. You can also exempt one vehicle, many of your household and personal possessions, pre-paid burial arrangements and life insurance policies.
There are also certain types of property transfers that shouldn’t affect your eligibility. This includes transferring assets to your spouse, transferring ownership of your home to a child who is under the age of 21 or who has lived in the home for at least two years and has provided care that has prevented the need for a long-term care facility stay, and transfers of property to a disabled child.
Beware of the Medicaid lookback period
When you apply for Title 19 Medicaid assistance benefits, the government will analyze your eligibility by looking back five years. If there was no lookback period, then an individual who can pay for their own care could simply give away or transfer ownership of their assets the day before they intend to incur long-term care costs, thus allowing them to qualify for government assistance. The government wants to prevent this from happening, which is why they lookback five years to see what your assets and income have looked like during that period and to determine if you qualify for assistance.
What does this mean for you? It means that if you want to rely upon Title 19 Medicaid assistance, then you need to start planning now. The sooner you can develop your legal strategy, the sooner you can qualify for the care benefits that you may need.
Confidently navigate your long-term care planning
The rules associated with Title 19 Medicaid eligibility are complicated, and the unique facts of your circumstances can significantly change the approach that you take. That’s why you need competent guidance on your side as you navigate your estate and long-term care planning. By being diligent, you’ll hopefully be able to find the path forward that protects your potential long-term care needs while also shielding your wealth for later distribution to your loved ones.]]>On Behalf of Becker, Hickey & Poster, S.C.<![CDATA[Dividing a business in a Wisconsin divorce]]>https://www.beckerhickey.com/?p=500962024-09-10T19:48:07Z2024-09-10T18:16:02ZWisconsin law requires that all marital property be divided equitably, or fairly. The law starts with the presumption that an equal division is fair but can alter an equal division based on various factors.
A business is typically a piece of marital property subject to division along with all other marital property.
There are typically three questions that must be answered: who is going to keep the business, the value of the business and how this impacts property division.
Who keeps the business?
The first question can sometimes be easily answered if only one spouse owns the business. Absent extraordinary circumstances, that spouse will likely retain the business.
The situation is trickier when the business is co-owned by both spouses. If you and your spouse co-own a business, the law does not require one of you to give up your portion of the business. You can continue to co-own and operate the business as ex-spouses if you wish.
Although this is an option, it is not typically recommended. Running a business together means you will continue to be closely involved in each other’s lives and your finances will continue to be mixed. Unless you are sure you can separate your personal and professional life from your ex-spouse’s, continuing to run the business together is not a good idea.
When the court must decide
If you co-own the business and neither of you want to give it up, but do not want to continue working together, a court must decide who gets the business. This decision is based on various factors.
Some factors the court considers include the percentage of the business owned by each spouse, the value each spouse brings to the business, how involved each spouse was in business operations and the division of other marital assets and liabilities.
A court may also examine one spouse’s ability to buy out the other spouse. If you are determined to keep the business, you should show you can afford to buy out your spouse’s share.
Determining the value of the business
Once you determine who keeps the business, you must obtain a business valuation. You and your spouse can choose to use the same appraiser and agree to use the number the appraiser comes back with or you can choose to each use your own appraiser.
When you have two appraisals from two different appraisers and cannot agree on which one to use, your best option might be to select a valuation number in between each appraisal. This is usually fair to both parties.
If you cannot agree on a valuation number, the court must decide. Courts are not valuation experts. Therefore, a court is likely to choose a valuation number somewhere in the middle.
Consider a buyout agreement
When the valuation number is chosen, a buyout agreement is a solution to consider. This involves the spouse who keeps the business buying out the other spouse’s share of the business.
This allows the spouse keeping the business to retain control of the business and while providing the spouse giving up the business a sum of money for selling their share. This can be a positive solution that benefits both spouses.]]>On Behalf of Becker, Hickey & Poster, S.C.<![CDATA[Medicaid and long-term care planning]]>https://www.beckerhickey.com/?p=500922024-05-31T21:51:02Z2024-06-07T21:02:50Zcurrently just under 80 years. Many Wisconsinites are living much longer than that, and many of them are in relatively good health.
But, generally speaking, the older we get, the greater our chances of developing mobility problems and cognitive issues. When or if we develop these problems, we will require help. In fact, well over 50% of Americans who are currently 65 or older will need long-term care at some point in the future, according to the U.S. Department of Health and Human Services.
And that help is expensive. A private room in a nursing home can cost $108,000 or more per year.
Some Wisconsin residents have insurance that can help them pay for long-term care, but many do not. And many insured people find that their policies aren't sufficient to pay for everything.
Others arrange to pay for their long-term care through an estate planning tool known as a Medicaid trust.
Medicaid eligibility
Two of the largest federal health care programs are Medicaid and Medicare. Medicaid provides health care benefits for the indigent. Medicare provides health care benefits for seniors.
Medicare generally does not pay for long-term care, but Medicaid does. However, because Medicaid is designed as a program for people of very limited means, one must go through a means test in order to be considered eligible for the program. If a person has more than a certain amount in income and assets, they are ineligible.
The cutoff is quite low. A person living in a single-person household can become ineligible for Wisconsin Medicaid if they have annual income of just $21,000.
Medicaid trusts
One way to maintain eligibility for Medicaid is to put one's assets in a trust. If done correctly, this means the assets are owned by the trust and won't put the person over the threshold that makes them ineligible for Medicaid.
By using this type of trust, a person can have Medicaid pay for their long-term care and still pass on assets to their loved ones.
Note that Medicaid trusts are technically and legally challenging. Those who are interested in pursuing this strategy should seek out experienced help. They should also get started well in advance of when they expect to need long-term care.]]>On Behalf of Becker, Hickey & Poster, S.C.<![CDATA[5 reasons to avoid probate]]>https://www.beckerhickey.com/?p=500882024-03-07T16:09:51Z2024-03-07T16:09:51Z1. Probate is time-consuming
The proceedings involved in probate take a long time, often lasting several months or years. During this period, your loved ones may be left waiting for the resolution of your estate, causing unnecessary stress and delays in accessing assets.
2. Costly fees
Probate can be expensive. Various fees are associated with the process of probate, including court costs, legal fees and compensation to the executor. These costs quickly add up, reducing the overall value of your estate and diminishing the inheritance you leave for your beneficiaries.
3. Lack of privacy
Probate is a public process, meaning that the details of your estate and the distribution that comes after your passing all become matters of public record.
Many people find this aspect of probate undesirable, especially families who prefer to keep their financial affairs confidential.
4. Potential for conflict
Probate proceedings have the potential to stir up conflict among family members and other beneficiaries. Disputes over inheritance, the distribution of assets and other matters can arise, leading to lengthy and expensive legal battles.
5. Limited control
When an estate goes through probate, the court ultimately decides what goes to whom. This may or may not align with your wishes or the needs of the beneficiaries you selected.
By avoiding probate, you can ensure you retain greater control over the distribution of your assets and ensure you have a team who will carry out your wishes as intended.
Alternatives to probate
In Wisconsin, there are several strategies available to help you avoid probate. Some of these options include:
Establishing a living trust
Designating beneficiaries
Making use of joint ownership
Rights of survivorship
By taking the right steps now to plan your estate and minimize the need for probate, you can streamline the transfer of your assets to your loved ones, reduce costs and delays and maintain greater control and privacy over your financial affairs.
While the legal process of probate has its place in society, it can be a time-consuming, costly and contentious process that is best avoided whenever possible.
By understanding why you should consider avoiding the process of probate and the many alternatives you have, as well as the importance of taking steps now to secure your future, you can help ensure a smoother and more efficient transfer of your assets.]]>