Thomas B. Burton
Attorney, Burton Law LLC
Attorney Thomas B. Burton is an attorney licensed to practice law by both the Supreme Court of Wisconsin and the Supreme Court of Minnesota and the owner and operator of Burton Law LLC. Burton Law LLC provides estate planning, real estate, and business law services to residents all across the state of Wisconsin from our primary office location in Eau Claire, Wisconsin. We offer personal service, custom advice, and predictable flat fee estate planning packages and business law services. For more information on the firm please visit our website at http://www.theburtonlawoffice.com
To schedule a secure live video conference with our firm, please visit
https://www.theburtonlawoffice.com/book-online
To schedule a Free 15 Minute Estate Planning Strategy Session with Attorney Burton please visit: https://go.theburtonlawoffice.com/start
- University of Wisconsin Law School
- J.D. (2010) | Law
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- Honors: cum laude
- Activities: Business and Tax Law Association, UW Real Estate Club, Phi Alpha Delta, Federalist Society
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- University of Wisconsin - Eau Claire
- B.B.A. (2008) | Business Economics
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- Honors: magna cum laude
- Activities: Omicron Delta Epsilon Economics Honor Society, UWEC Student Senate, Financial Management Association
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- Attorney
- Burton Law LLC
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- Burton Law LLC is a boutique law firm focused on providing highly personalized service, individual attention, customized planning, and tailored advice for discerning business owners, families, and individuals in the areas of estate planning, asset protection, real estate and business law.
- Attorney
- Law Office of Thomas B. Burton
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- Provide estate planning, business law and real estate services to clients of the firm.
- Associate Attorney
- David F. Grams & Associates
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- Provide estate planning, business law, and real estate services to clients of the firm.
- Attorney
- Law Office of Thomas B. Burton
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- Provide estate planning, real estate, and business law services to clients of the firm.
- Research Law Clerk, Trusts & Estates Department
- Briggs and Morgan P.A.
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- Support partners by researching and writing legal memoranda on a variety of topics related to estate planning, charitable giving and trust administration. Draft pleadings and various estate planning documents.
- Summer Law Clerk
- Herrick & Hart S.C.
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- Provide legal research and writing support to partners and associates at the firm. Research and write legal memoranda, draft pleadings, and support assigning attorneys with projects related to civil litigation, criminal law, family law, estate planning, and business law.
- 10 Questions: Tom Burton: How a Nontechie Built a Virtual Practice
- Wisconsin Lawyer
- Interview with Wisconsin Public Radio, Online
- Wisconsin Public Radio
- Interview with Wisconsin Public Radio on practicing law during the COVID-19 pandemic. The entire interview can be accessed here https://www.wpr.org/routine-legal-work-pause-during-covid-19-pandemic
- Rising Stars
- Super Lawyers
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- University of Wisconsin Alumni Association Chippewa Valley Chapter
- Board Member
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- Chippewa Valley After Hours Rotary
- Member
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- Chippewa County Bar Association
- Member
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- Young Professionals of the Chippewa Valley
- Member
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- State Bar of Wisconsin # 1072795
- Member
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- Minnesota
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- Wisconsin
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- U.S. Tax Court
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- Free Consultation
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Credit Cards Accepted
We accept credit cards through Square. We also accept personal checks in person or via U.S. Mail. -
Rates, Retainers and Additional Information
I offer hourly rates and flat fee options for many estate planning and business law matters. Please see my website for more details on flat fees. 2019: My current hourly rate for Medicaid planning is $300/hour. My hourly rate for all other matters is $250/hour. Please contact me via email for my most current hourly rates.
- Estate Planning
- Health Care Directives, Trusts, Wills
- Business Law
- Business Contracts, Business Formation
- Real Estate Law
- Residential Real Estate
- Elder Law
- English: Spoken, Written
- Q. how long can creditors claim on the estate in WI?
- A: After an application for administration has been filed (a probate court action has been initiated properly with the probate court) creditors have from 3-4 months to file their claim. The Court will set this deadline for a formal administration or the probate registrar will set the deadline for an informal administration. However in order to get this creditor claims period started, and set a deadline for filing claims, someone must file an application for administration of the estate. This is usually the personal representative named in the Will. However if the person died with no Will (intestate), it may be an heir or other interested person who file the application for administration. You can check out the statute here https://docs.legis.wisconsin.gov/statutes/statutes/859/01?view=section
- Q. Unmarried, both on deed, what happens if he dies?
- A: Hello, if you are unmarried and own the house together it will depend on how the title to the home is held. This will be reflected on the deed when you purchase the property. If you are both on the title to the property, then it depends on if you hold title as "Joint Tenants with Rights of Survivorship" (JTWROS) or as "Tenants in Common" if you hold it as JTWROS this means if one joint tenant dies, the other joint tenant inherits the entire property without probate. If you hold it as tenants in common, then the share that your deceased partner held would pass to his probate estate upon his death. Your share would still be owned by you at that point. The mortgage will stay with the property, since the lender has a secured interest in the property. The second piece of this is whether the mortgage is in both of your names, or his name only. If it is only in his name, and you inherit the house, you would need to refinance and get the mortgage in your own name after his death. I suggest your partner review the deed to the home carefully and consider putting an estate plan together that dictates what he would want to happen to the house if he should pass away. There are ways he could avoid probate on the house using the title via deed as mentioned above if he wanted to pass the house to you upon death. If he wants to pass the house to his surviving child then he could look at using a trust to hold the property for the benefit of the minor child. The debts of the decedent would become debts of his estate, so any debts he owes at death, the ultimate beneficiary of the estate would need to pay those debts first before they could distribute any assets to themselves. If the estate goes through probate there is a creditor notice period that allows the creditors a statutory deadline to file their claims.
- Q. My dad is going into hospice and passing soon. The house is in his name but has a loan out on the house.
- A: Hello I am sorry to hear about your father. If he has no Will or Trust, then the house and any of his other assets subject to probate would pass according to the laws of intestacy. If you are the only living child, you may be an heir, but if there are other children, or a surviving spouse, then they may take precedence. If your father is able I would suggest he get in touch with an estate planning attorney while he is alive who can help him put together a plan for his estate. There may be ways to pass the house and other assets outside of probate to you or the other heirs if this is his intent. If you are living in the house you do not automatically take title to the home. In fact, if your father dies without a Will or a Trust, the home would likely be part of his probate estate and the Estate would own the home after his death. The mortgage on the home will survive his death, meaning whoever inherits the home would take title subject to the mortgage. If your father wants the house to go to you he should definitely seek a consultation with an estate planning attorney in your area to get this accomplished through his estate plan while he is still alive.
Key Components of a Living Trust Plan | Estate Planning 101 | Attorney Explains
Attorney Thomas B. Burton explains the key components and documents included as part of a revocable living trust plan in the latest episode of Estate Planning 101. Estate Planning 101 is our long form educational video series, where we explain complex estate planning topics and issues in order to educate and inform and empower you to take charge of your own estate planning.
When is POA Effective Immediately Without a Physician's Signature?
Attorney Thomas B. Burton answers the following question: "When is POA Effective Immediately Without a Physician's Signature". Attorney Burton discusses how Powers of Attorney (POA) are activated and in which situations the POA needs a physician's signature.
Are Living Trusts Just for the Rich? | Ask the Attorneys
Attorney Thomas B. Burton is joined by Attorney Matthew Underwood, of Underwood Legal, LLC, in Madison, Wisconsin to discuss "Are Living Trusts Just for the Rich?" and in this video they discuss several misconceptions about living trusts stemming from historical uses of trusts by wealthy people. Attorneys Burton and Underwood explain how living trusts can be useful to everyday middle class folks to avoid probate and provide incapacity protection.
What Happens to LLC Interest if Member Dies in Wisconsin
Attorney Thomas B. Burton answers the question: "What Happens to an LLC Interest if a Member Dies in Wisconsin" Attorney Burton discusses the various methods a member can leave their interest in the LLC to their heirs, both through probate and by avoiding probate, and also discusses what happens if a member of an LLC passes away with no Will or estate plan in place.
How to Leave House Bought with Inheritance Solely to My Kids
Attorney Thomas B. Burton discusses the question: "How to Leave a House Bought With Inheritance Solely to My Kids" in a situation where the questioner wants to leave the house to her kids only and not to her husband or any future spouse he may remarry. In this Real Attorney Reacts series, Attorney Thomas B. Burton analyzes a question dealing with inherited money and the purchase of a house with that money. In this episode, the letter writer says she was talked into putting her husband's name on
How to Make a Will in 2021
Attorney Thomas B. Burton discusses how to make a Will in 2021. Wills are an essential part of Estate Planning and setting up a Will this year is a great way to plan for the future. In this short video, Attorney Burton goes over the up to date requirements for making a Will and discusses how you can meet each element in order to make your own legally valid Last Will and Testament.
Health Care Power of Attorney vs. Financial Power of Attorney - What's the Difference?
In the latest video in our Estate Planning 101 educational video series, Attorney Thomas B. Burton discusses in-depth what the terms 'Health Care Power of Attorney' & 'Financial Power of Attorney' sometimes also called a 'Durable Power of Attorney' really mean and how each document serves an important role as part of your estate planning.
How to Make a Trust in 2021 | Attorney Explains
Attorney Thomas B. Burton discusses how to make a Trust in 2021 to serve as the main vehicle for your estate plan. Attorney Burton discusses the main elements of a trust and what is legally required to form a trust. Attorney Burton also discusses the ways a trust can help you protect your estate and pass it on to the next generation free from the time, expense and paperwork involved with the probate court process.
How Do Trusts Protect You While You Are Alive?
Attorney Thomas B. Burton, and Attorney Matthew Underwood discuss "How Do Trusts Protect You While You Are Alive? in the latest episode in the Ask the Attorneys series. Many people do not realize that trusts can protect you while you are alive and not just after death. Attorney Burton and Attorney Underwood discuss the many benefits of trusts during life and after death in this latest episode.
Can You Start an LLC by Yourself?
Attorney Thomas B. Burton answers the following question: "Can You Start an LLC by Yourself?" Attorney Burton discusses the steps you need to take to legally form a valid LLC in the state of Wisconsin and discusses the various methods to get your LLC legally formed in Wisconsin for your new business.
Top 3 Reasons to Avoid Probate | Real Attorney Explains
In this episode of our Estate Planning 101 series, Attorney Thomas B. Burton discusses the probate court process in depth, and uses his whiteboard to illustrate the Top 3 Reasons to Avoid Probate. Attorney Thomas B. Burton discusses the time, and expenses involved with the probate court process and discusses the top three reasons people chooses to forego the public probate court process completely and instead opt for private family administration of their estate.
Does Wisconsin Have an Inheritance Tax?
Attorney Thomas B. Burton answers the following question: "Does Wisconsin Have an Inheritance Tax?" Attorney Burton discusses how the inheritance tax works in the United States and discusses how the Wisconsin tax system interacts with the federal estate and gift tax system.
How to See if Your LLC Name is Available
Attorney Thomas B. Burton shows you how to see if your LLC name is available for your new limited liability company (LLC). Attorney Burton shows you the process to search the corporate name registry online in Wisconsin and discusses the rules for naming your LLC in the state of Wisconsin.
Does a Will Avoid Probate in Wisconsin?
In this video, Attorney Thomas B. Burton answers the following question: "Does a Will Avoid Probate in Wisconsin?" Attorney Burton discusses what creating your own Last Will and Testament in Wisconsin means and he discusses some things a Will accomplishes and other things it does not. One of the confusing aspects about this term "probate" is that many people mistakenly think that making a Will means they will avoid probate. Instead it is just the opposite. A Will ensures the assets passing...
How to Legally Make a Will in Wisconsin
Attorney Thomas B. Burton discusses how to legally make a Will in Wisconsin and he covers the essential elements that every Will must have in order to be legally valid under Wisconsin law. In this short video, Attorney Burton will go over the required legal elements to legally make a Will in Wisconsin and discusses how you can meet each element in order to make your own legally valid Last Will and Testament in Wisconsin.
CARES Act - New Charitable Contribution Tax Deduction
Attorney Thomas B. Burton discusses the special new charitable contribution tax deduction for taxpayers in 2020 due to the passage of the CARES Act in the spring of 2020. This new $300 charitable deduction allows taxpayers to take a tax deduction for cash contributions made to a qualifying charitable organization in 2020. Taxpayers can take this deduction even if they do not itemize and instead take the standard deduction.
Mother Died Without Will. How to Handle House with Life Estate? Brother Wants More Than Half.
Attorney Thomas B. Burton discusses the real question regarding real estate and probate: "Mother Died Without Will. How to Handle House with Life Estate? Brother Wants More Than Half." In this Real Attorney Reacts Series, Attorney Burton analyzes this real question under Wisconsin law and discusses how a life estate works on a house after the death of the life estate holder. Attorney Burton also discusses the real psychological and emotional toll that can arise from the joint ownership of real
How Can I Cash a Check Made Out to my Irrevocable Trust?
Attorney Thomas B. Burton answers a reader's question about how to cash a check that is made out to their irrevocable trust. Attorney Burton walks them through the steps, they should take, to cash this check and also discusses why it is important to deposit the check the right way, in order to maintain the asset protection of the trust.
What is the 5 Year Rule for Medicaid?
Attorney Thomas B. Burton answers the following question: "What is the 5 Year Rule for Medicaid?" Attorney Thomas B. Burton discusses the 5 year rule for Medicaid and how the Medicaid look back period works for asset protection and Medicaid planning in the state of Wisconsin.
How to Find the Registered Office Address for a Business
Attorney Thomas B. Burton shows viewers how to find the registered office address for a business in Wisconsin. Attorney Burton shows the process to search the corporate registry in Wisconsin and talks about the requirements to form and operate a valid business entity in Wisconsin. ? Subscribe to Burton Law LLC’s channel to get notified when we post new videos. Subscribe here: http://bit.ly/BurtonLawLLC
Top 3 Reasons to Form a Revocable Living Trust - Ask the Attorneys
In this episode, Attorneys Burton and Underwood discuss the Top 3 reasons to form a revocable living trust, in this in depth Ask the Attorneys series featuring two attorneys licensed in Wisconsin. Attorney Thomas B. Burton practices with Burton Law LLC, and Attorney Matthew Underwood is with Underwood Legal, LLC.
How to See if Your Business Name is Available in Wisconsin
Attorney Thomas B. Burton shows viewers how to check and see if the business name they want to use for their new business entity is available in Wisconsin. Attorney Burton shows you how to search the online database of business entity names in Wisconsin to see if your business name is already in use. Want to learn how to set up an LLC for your new business? Check out my Free 5 Step LLC Start-Up Guide here https://bit.ly/2NBL2zA
How Long After Someone Dies Do You Have to File a Will in Wisconsin?
In this video, Attorney Thomas B. Burton answers the following question: "How Long After Someone Dies Do You Have to File a Will in Wisconsin?" Attorney Burton discusses the various time and filing deadlines for filing a Will in Wisconsin and also discusses the relevant Wisconsin statutes which govern the probate court process for filing a Will in Wisconsin.
What Is the Fastest Way To Set Up an LLC?
Attorney Thomas B. Burton answers the following question: "What Is The Fastest Way To Set Up an LLC?" Want to set up an LLC and not sure where to start? Download a FREE copy of my 5 Step Wisconsin LLC Startup Guide here: https://bit.ly/3hKKLro
How to Form a Business in Wisconsin
Attorney Thomas B. Burton shows you how to form a business entity in the State of Wisconsin. In this video, Attorney Burton takes you to the correct state filing website, where you can file the correct forms to start your C Corporation, Limited Liability Company (LLC) or other business entity in the State of Wisconsin. Attorney Burton also discusses how an LLC formed in another state can register to do business in Wisconsin by completing the Foreign Limited Liability Company Application
Helping Senior Americans with Elder Law Planning During COVID-19
Attorney Thomas B. Burton discusses helping senior Americans with elder law planning during the COVID-19 pandemic and talks about the special challenges that senior citizens are encountering during the ongoing COVID-19 pandemic in the United States due to the social distancing measures currently in place at many institutions to help stop the spread of the COVID-19 virus. Attorney Burton discusses several ways that friends, relatives, and family can help these senior citizens during this time.
Does Revocable Trust Protect Assets from Creditors of My Mother?
Attorney Thomas B. Burton answers the following question: "Does Revocable Trust Protect Assets from Creditors of My Mother?" Attorney Burton discusses this question and talks about the type of trusts most often used when looking to do asset protection against creditors. Attorney Burton also discusses how creditors seek to be repaid from the estate or trust of the deceased after they pass.
Can a Nursing Home Take Money From a Revocable Trust?
Attorney Burton discusses how revocable trusts work and explains why in most instances a revocable trust is not going to be enough to protect your assets from the nursing home and other creditors. Instead, in Wisconsin, and many other states, you are going to want to consider using an irrevocable trust to protect your home, and other assets from the nursing home, creditors, and laws
How to Make a Will During COVID-19
Attorney Thomas B. Burton discusses how to make a Last Will and Testament During the COVID-19 global health pandemic in this video. Attorney Burton discusses two methods he recommends for getting a Will put in place during the COVID-19 crisis and one he doesn't, and as a bonus he discusses a fourth option that can be even easier than the requirements needed to make a Last Will and Testament.
Will or Trust - What's the Difference?
Join me in the latest installation of my Estate Planning 101 series. This video is answering one of the most popular questions I get at my office. I decided it was time to sit down and answer this question in a comprehensive manner in a way that I can share with everyone via YouTube. So welcome to my class and my new series called "Estate Planning 101." Take out your pencils, settle in and join me for an exciting journey through the wonderful world of estate planning.
What Should You Not Put In A Will?
Attorney Burton discusses this question and provides the viewer with a list of things you should not place inside your Will because remember, a Will is private during your life but becomes public after your death when it is filed with the probate court. For this reason, there are certain things you should definitely not put in writing inside your Last Will and Testament. Watch this video to find out Attorney Burton's answer to this interesting estate planning question.
Can a Wisconsin Realtor Force Accelerated Purchase Title Insurance for New Owner?
Attorney Thomas B. Burton answers the reader's question and discusses how residential real estate transactions typically unfold in Wisconsin if the Realtor uses the Wisconsin Standard Offer to Purchase for residential real estate. Attorney Burton also explains the typical scenario for title insurance in Wisconsin.
Can You Own a Car on Medicaid?
Attorney Burton discusses the qualification rules in order to receive Medicaid assistance to pay for Long Term Nursing Home Care in the state of Wisconsin through the Medicaid program. Medicaid is a need based program, and qualification depends on the amount of assets you currently own. One of the assets Medicaid will ask you about if/when you apply for Medicaid is whether you own any automobiles (cars) and if so how many? You are required to report the number of cars you own that are titled in
COVID-19 and Estate Planning
Attorney Thomas B. Burton discusses how COVID-19 and the coronavirus pandemic in the state of Wisconsin and throughout the globe has changed the way people do estate planning right now. Attorney Burton also discusses several ways for you to meet with your estate planning attorney, without the risk of any person to person contact that helps COVID-19 spread so easily, including the use of video and phone meetings. Attorney Burton explains how live video meetings have proven to be a very useful too
One Legal Document Graham Mertz & Every Wisconsin Badger Should Have During COVID-19
Attorney Thomas B. Burton discusses the one legal document that Graham Mertz, the redshirt freshman quarterback of the University of Wisconsin Badgers football team, and every Wisconsin Badger football team member, college student, and individual over the age of 18 in the state of Wisconsin should have in place to protect their own health and wellbeing during the COVID-19 pandemic in the United States and abroad.
Which is Better, Revocable or Irrevocable Trust?
Attorney Thomas B. Burton answers the following question: "Which is Better, Revocable or Irrevocable Trust?" Want to learn more about how different types of trusts work? Grab a Free Copy of my 5-Step Guide on How to Protect Your Home From the Nursing Home Here: https://bit.ly/2CWxTiC
How to Make Your Own Will for Free in Wisconsin
Attorney Thomas B. Burton shows you how you can make your own Wisconsin Basic Will for free, in less than an hour. In this video, Attorney Burton walks you through the Free Wisconsin Basic Will form that was written by the Wisconsin Legislature and placed inside the Wisconsin statutes. Any Wisconsin resident can access this form, print it out, and fill it in by hand by following the steps Attorney Burton shows you in this video.
Parents Died from COVID-19 - No Wills - But Left Emails for Me to Inherit Home. Is this Legal?
Attorney Thomas B. Burton discusses a recent question addressed to the Moneyist columnist for marketwatch.com. The questioner's parent's passed away within three weeks of each other from COVID-19, but left emails stating they wished for one daughter to inherit the home. The parents and the home is located in the state of Texas. Attorney Burton discusses the facts as presented in this question and provides an analysis of how this would play out under Wisconsin law. Attorney Burton also provides..
Why Does a Power of Attorney End When You Die?
Have you ever wondered why the Agent under a Power of Attorney cannot continue to administer someone's assets after that person dies? How come the bank freezes the deceased's bank account as of the date of death even when the same person is named as Agent and also as Personal Representative (Executor
How to Verify What is Said by A Real Estate Agent?
Attorney Thomas B. Burton answers the following question: "How to Verify What is Said by A Real Estate Agent?" Want to know what type of estate planning documents are best for your situation? Download a free copy of my easy estate planning guide. Obtain Your Free Will vs. Trust Estate Planning Guide here: https://bit.ly/3jxgz3R
Do I Need to Establish an LLC in Colorado for My Business Based in Wisconsin?
Attorney Thomas B. Burton answers the following question: "Do I Need to Establish an LLC in Colorado?" Want to know what type of estate planning documents are best for your situation? Download a free copy of my easy estate planning guide. Obtain Your Free Will vs. Trust Estate Planning Guide here: https://bit.ly/38bxIvb
How Do I Go about Getting My Siblings, with Whom I Own a Land, to Buy Me Out?
Attorney Thomas B. Burton answers the following question: How Do I Go about Getting My Siblings, with Whom I Own a Land, to Buy Me Out? Want to know what type of estate planning documents are best for your situation? Download a free copy of my easy estate planning guide. Obtain Your Free Will vs. Trust Estate Planning Guide here: https://bit.ly/3jxgz3R
In Wisconsin Does a Handwritten Will Need a Witness if it Is Dated and Signed by the Deceased?
Attorney Thomas B. Burton answers the following question: In Wisconsin Does a Handwritten Will Need a Witness if it Is Dated and Signed by the Deceased? Want to know what type of estate planning documents are best for your situation? Download a free copy of my easy estate planning guide. Obtain Your Free Will vs. Trust Estate Planning Guide here: https://bit.ly/38bxIvb
Do Legal Zoom Wills Hold Up in Court?
Attorney Thomas B. Burton answers the following question: "Do Legal Zoom Wills Hold Up in Court?" Want to know what type of estate planning documents are best for your situation? Download a free copy of my easy estate planning guide. Obtain Your Free Will vs. Trust Estate Planning Guide here: https://bit.ly/3jxgz3R
If Two People Have A Quitclaim Deed With Joint Tenancy, Can One of The Two Sever That Contract?
Attorney Thomas B. Burton answers the following question: "If Two People Have a Quitclaim Deed with Joint Tenancy, Can One of the Two Sever That Contract On His Own?" Want to know what type of estate planning documents are best for your situation? Download a free copy of my easy estate planning guide. Obtain Your Free Will vs. Trust Estate Planning Guide here: https://bit.ly/3jxgz3R
Can I Pay for Sister's Funeral with Met Life Check?
Attorney Thomas B. Burton, of Burton Law LLC, in Eau Claire, Wisconsin is joined by Attorney Matthew Underwood, of Underwood Legal, LLC in Madison, Wisconsin and together they answer a reader's question about what to do with a check the reader received from Met Life as a beneficiary of an insurance policy. The attorneys discuss how these funds received from her deceased sister may affect her SSI benefits and discuss strategies to plan for the funds and maintain eligibility for government benefit
What is Flow Through Taxation for a Limited Liability Company (LLC)
Attorney Thomas B. Burton explains how "Flow Through" taxation works for an LLC that elects to be taxed as a partnership and discusses why flow through taxation can avoid the...
How Can A Trust Own Property in Multiple States?
Attorney Thomas B. Burton discusses how a Revocable Living Trust can hold title to property in different states, helping you to avoid multiple probates in multiple states and also discusses...
Why Should I Include "LLC" on My Signs and Business Cards for My LLC?
Attorney Thomas B. Burton discusses the benefits of limited liability protection afforded by an LLC but also explains why you should always include the letters "LLC" on your signs, letterhead,...
What Do I Do if My Backup Trustee Dies Before Me?
Attorney Thomas B. Burton discusses the situation where someone named as a backup trustee in a Revocable Living Trust dies before the person who made the Trust (the Grantor) dies.
Special Rule for Married LLC Members in Wisconsin
Attorney Thomas B. Burton explains a special IRS rule for multi-member LLCs in Wisconsin where the only members are a married couple.
When Does A Revocable Living Trust Become Irrevocable?
Attorney Thomas B. Burton discusses how you can amend or change a Revocable Living Trust and also explains the point at which the Trust can no longer be changed and...
Why You Should Consider a Standalone HIPAA Release
Attorney Thomas B. Burton explains how a standalone HIPAA release can be very useful as part of your comprehensive estate plan.
How Many Trustees Can I Name for My Revocable Living Trust?
Attorney Thomas B. Burton discusses how many trustees you can name as Trustee of your Revocable Living Trust and discusses some of the pros and cons of naming multiple trustees...
The $250/500K Home Sale Tax Exclusion for Your Principal Residence
Attorney Thomas B. Burton discusses one of the most valuable tax deductions available to homeowners when they sell their home and discusses how the recent changes to the tax code...
Top 3 Reasons to Form an LLC for Your New Small Business
Attorney Thomas B. Burton discusses the top 3 reasons why a Limited Liability Company (LLC) can be a great choice for your new small business venture.
What is The Minimum Amount of Assets Needed to Form a Trust in Wisconsin?
Attorney Thomas B. Burton answers the question about what minimum amount of assets are needed in order to form a Revocable Living Trust in Wisconsin and discusses some of the...
How Do I Start a Sole Proprietorship in Wisconsin?
Attorney Thomas B. Burton explains the steps necessary to start a sole proprietorship in Wisconsin and gives some practical advice on getting your sole proprietorship business off to a great...
Top 3 Reasons for Avoiding Probate
Attorney Thomas B. Burton discusses the Top 3 Reasons you should consider avoiding probate for your estate and discusses why many people choose to avoid probate in order to make...
If I Have Life Insurance Do I Still Need an Estate Plan?
Attorney Thomas B. Burton discusses how life insurance works as part of your estate planning and discusses why a comprehensive estate plan fills in gaps that life insurance does not...
3 Plans for your Estate--No Plan, Will Plan, & Trust Plan
Attorney Thomas B. Burton explains the three basic levels of planning for your estate, which he calls (1) No Plan, (2) Will Plan, and (3) Trust Plan. Attorney Burton explains...
What Assets Should I Put Into My Revocable Living Trust?
Attorney Thomas B. Burton discusses which assets you should put into your Revocable Living Trust and which assets should be left outside the trust for tax reasons or other practical...
How Do I Fund My Revocable Living Trust?
Attorney Thomas B. Burton explains how what funding your Revocable Living Trust means and why it is important to place assets into the Trust during your life, if you want...
Why You Might Want to Keep a WI Revocable Living Trust Formed Before August 2014
Attorney Thomas B. Burton discusses why you should consider keeping a Revocable Living Trust that was formed before August 1, 2014 for Medicaid planning purposes in the state...
What Are the Duties of a Trustee of a Revocable Living Trust
Attorney Thomas B. Burton discusses some of the powers and duties of a Trustee of a Revocable Living Trust and their role in administering the trust.
What is the Best Way to Leave the Family Cabin To the Next Generation
Attorney Thomas B. Burton discusses estate planning techniques for leaving the family cabin or cottage to your children or heirs in Wisconsin and Minnesota. Attorney Burton discusses some common strategies...
Should I Use a Will or a Trust for My Estate Plan?
Wisconsin Attorney Thomas B. Burton answers the following question that many people pose to their lawyer when forming their estate plan: Should they use a will or a trust in...
What's the Difference Between a Revocable Trust and an Irrevocable Trust?
Attorney Thomas B. Burton explains the difference between a Revocable Living Trust and an Irrevocable Trust and talks about some of the situations where each type of trust is appropriate...
When Should You Consider a Testamentary Trust
Attorney Thomas B. Burton explains the uses of a testamentary trust, especially for parents of minor children and how useful a testamentary trust can be as part of your comprehensive...
Own Property in Multiple States? Consider a Trust
Attorney Thomas B. Burton explains how a Revocable Living Trust can be a useful tool when you own property in two states, such as a home in Minnesota and a...
Add Child to Deed or TOD Deed? Which is Better?| Attorney Answers Legal Question
Attorney Thomas B. Burton answers the following question: "Add Child to Deed or TOD Deed? Which is Better?" Attorney Burton discusses whether it is better to use a transfer on death deed or add your child to the deed of your home while you are alive. Attorney Burton discusses the pros and cons of each method.
Authorized Person on Bank Account- Who Gets the Money?
Attorney Thomas B. Burton discusses a reader question about an authorized person on a bank Account and who gets the money after the death of the person who owned the bank account in this latest Real Attorney Reacts series.
Can a Husband and Wife Have One Will? | Attorney Explains
In this video, Attorney Thomas B. Burton answers the following question: "Can a Husband and Wife Have One Will?" Attorney Thomas B. Burton answers this question and explains why the husband and the wife should each have their own Last Will and Testament even when married.
Can a Lawyer Refuse to Give a Copy of Living Trust to Decedent's Children?
Attorney Thomas B. Burton answers the following question: "Can a Lawyer Refuse to Give a Copy of Living Trust to Decedent's Children?"
Can Executor Hire a Realtor and Sell House From Under Deeded Heirs? | Attorney Explains
Attorney Thomas B. Burton answers the following question: "Can an Executor Hire a Realtor and Sell House From Under Deeded Heirs?"
Can I Amend My Will Without Having to Completely Start Over?
In this video, Attorney Thomas Burton answers the following question "Can I Amend My Will Without Having to Completely Start Over?"
Can I Use a Notary Instead of Witnesses on Power of Attorney for Health Care?
Attorney Thomas B. Burton answers the following question: Can I Use a Notary Instead of Witnesses on Power of Attorney for Health Care?
Can My LLC Legally Accept Clients From Any State? | Attorney Answers Question
Attorney Thomas B. Burton answers the following question: "Can My LLC Legally Accept Clients From Any State?" Attorney Burton discusses how an LLC set up inside of one state can legally do business with clients located in other states within the United States.
Can Two Companies Have a Similar Name? | Attorney Answers Question
Attorney Thomas B. Burton answers the following question: "Can Two Companies Have a Similar Name?"
Do I Need to Have Notarized Copies of a Trust? |Attorney Answers Question
Attorney Thomas B. Burton answers the following question: "Do I Need to Have Notarized Copies of a Trust?"
Does a Lawyer Need to Close Out Revocable Trust in Wisconsin?
Attorney Thomas B. Burton answers the following question: "Does a Lawyer Need to Close Out Revocable Trust in Wisconsin?"
Does Life Insurance Policy Get Split with Estate? | Attorney Answers Question
Attorney Thomas B. Burton answers the following question: "Does Life Insurance Policy Get Split with Estate?"
Estate Planning in 2021 | Ask the Attorneys
Attorney Thomas B. Burton is joined by Attorney Matthew Underwood, of Underwood Legal, LLC, and together they discuss Estate Planning in 2021. In this video, they cover several estate planning trends and tax levels in 2021, including the current estate tax exemption level, the annual exclusion amount (the amount you can give away tax-free in 2021 without filing a gift tax return), and the future for estate planning and capital gains tax including possible changes being discussed by Congress in t
How Can I Give Land to Daughter Without A Lot of Expense? | Attorney Answers Question
Attorney Thomas B. Burton answers the following question: "How Can I Give Land to Daughter Without A Lot of Expense?"
How Can I Protect My Home from Medicaid? | Attorney Answers Legal Question
Attorney Thomas B. Burton answers the following question: "How Can I Protect My Home from Medicaid?" Attorney Burton discusses how the Medicaid program works and how the Medicaid Estate Recovery program can seek repayment from your home after death if you pass away after receiving Medicaid benefits.
How Can We Protect House From Nursing Home For Our Children?
Attorney Thomas B. Burton answers the following question: How Can We Protect House From Nursing Home For Our Children? Attorney Burton discusses the techniques used to protect a house from the nursing home under the current Medicaid laws and also discusses why a home often works well for a special type of trust used often in this situation.
How Do I Fund My Trust?| Estate Planning 101
In this episode of Estate Planning 101, Attorney Thomas B. Burton discusses, in detail, the first question that comes to everyone's mind after forming a Trust, "How Do I Fund My Trust?" Attorney Burton explains what it means to fund a trust, or transfer assets into the name of the trust and explains how this funding process is critical to ensure your trust is able to accomplish your objectives of managing your assets during life and providing for the efficient administration and distribution of
How Do I get Dad's House Titled in My Name When He Died in 1988 and I Have Paid Taxes Ever Since?
Attorney Thomas B. Burton answers the following question: "How Do I get Dad's House Titled in My Name When He Died in 1988 and I Have Paid Taxes Ever Since?" Attorney Burton answers this person's question about how to get his dad's house title into the viewer's name in this unique situation under Wisconsin law.
How Do I Obtain Ownership of Land from Deceased Grandparents? | Land Ownership Laws
Attorney Thomas B. Burton answers the following question: "How Do I Obtain Ownership of Land from Deceased Grandparents?"
How Do I Protect Our Family Vacation Home from Divorce and Medical Costs?
Attorney Thomas B. Burton answers the following question: "How Do I Protect Our Family Vacation Home From Divorce and Medical Costs?" Attorney Burton discusses how death, divorce and medical costs can hinder passing the family vacation home on to the next generation without the right estate plan in place.
How Do I Start a Wisconsin Business LLC to Handle the Final Matters of a Loved One?
Attorney Thomas B. Burton answers the following question: "How Do I Start a Wisconsin Business LLC to Handle the Final Matters of a Loved One?"
How Do Payable on Death Accounts Work with a Trust? | Attorney Explains
Attorney Thomas B. Burton answers the following question: "How do payable on death accounts work with a trust?" Attorney Burton discusses beneficiary designations, also known as payable on death accounts, and discusses the pros (avoiding probate) of using payable on death accounts, and also discusses some of the potential cons of using payable on death accounts for certain beneficiaries. Attorney Burton also explains how you can use a payable on death beneficiary designation in conjunction with
How Does One Add a Co Trustee to a Trust? | Attorney Answers Question
Attorney Thomas B. Burton answers the following question: "How Does One Add a Co Trustee to a Trust?"
How Does POD Bank Account Work in Community Property State Like Wisconsin?
Attorney Thomas B. Burton answers the following question: "How Does POD Bank Account Work in Community Property State Like Wisconsin?"
How Many Years Have to Pass to Make Gift to Kids Safe From Medicaid? | Attorney Explains
Attorney Burton answers the following question: "How many years have to pass to make gifts to kids safe from Medicaid?" Attorney Burton discusses the state and federal laws involved with making a gift and the five year lookback period for gifts made prior to applying for Medicaid long term care assistance in this video.
How Much Does Probate Cost in Wisconsin? | Attorney Explains
Attorney Thomas B. Burton answers the question: "How Much Does Probate Cost in Wisconsin?" in his latest question and answer video. In this video, Attorney Burton discusses the costs of having your estate go through the probate court process in Wisconsin, including court imposed inventory filing fees, attorney fees, tax filing fees, and other expenses. The true cost of probate is often much higher than you may think, so if you are planning to utilize the probate court process you should...
How Much Money Can a Medicaid Recipient Have in the Bank? | Attorney Answers Question
Attorney Thomas B. Burton answers the following question: "How Much Money Can a Medicaid Recipient Have in the Bank?"
How Much Money Can You Give Away Per Year Tax Free? | Attorney Explains
Attorney Thomas B. Burton answers the following question: "How much money can you give away per year tax free?" in the latest episode of Estate Planning 101. Join Attorney Burton as he discusses estate and gift taxes, and how the unified estate and gift tax system in the United States helps us understand why this question about how much you can give away per year tax free is relevant to your estate and gift tax planning.
How to Buy Real Estate from Uncle for Vacation Rental? | Attorney Answers Question
Attorney Thomas B. Burton answers the following question: "How to Buy Real Estate from Uncle for Vacation Rental?" Attorney Burton discusses how to buy real estate from the questioner's uncle to use as a short term vacation rental such as listing the property on Airbnb or VRBO and discusses how setting up an LLC for the real estate could be a useful business entity for managing the real estate as a vacation rental business.
How to Choose Between a Will and a Trust | Attorney Explains
Attorney Thomas B. Burton explains how to choose between a Will and a Trust when you are putting together an estate plan for your and your family. At our office many people ask us whether a Will or a Trust is right for them. There can be many different answers to this question, but in this video Attorney Burton will walk you through the steps to decide whether a Will or a Trust is right for you and your family. There is no one size fits all answer to this question, rather it depends on your fam
How to Direct Another to Sign Your Will | Wills of the Rich and Famous
Attorney Thomas B. Burton discusses "How to Direct Another to Sign Your Will" for you in our new series, Wills of the Rich and Famous. In this series, we will be using illustrations from the Wills of rich and famous people to illustrate important estate planning lessons. In today's video we examine Jackie Gleason's Will and discuss how he directed another person to sign a Codicil to his Will when he wanted to increase a bequest in the Will to his longtime secretary when he was no longer physical
How to Divide House Fairly Between Three People in an Estate Plan? | Real Attorney Reacts
Attorney Thomas B. Burton reacts to a real estate planning question about how to divide a house fairly between three people inside of an estate plan. In this Real Attorney Reacts series, Attorney Burton once again analyzes a question that was submitted to the Moneyist columnist, about a grandmother who wants to leave her home to her three grandchildren. One of the daughters wrote to the Moneyist columnist seeking advice about the best way to accomplish her mother's estate planning goals.
How to Divide Tangible Personal Property in Your Will | Attorney Explains
In this video, Attorney Thomas B. Burton discusses How to Divide Tangible Personal Property in Your Will. Attorney Burton explains how tangible personal property is treated under the law for estate administration purposes and discusses a special list you can use under Wisconsin law in conjunction with your Will or Trust to ensure your items of tangible personal property get to the heirs you desire after your are gone.
How to Get Sister to Move Out of Late Mother's Home? | Real Attorney Reacts
Attorney Thomas B. Burton discusses a question about how to get a sister to move out of late mother's home, who is living in the house without the consent of the other siblings in this latest Real Attorney Reacts series.
How to Hold Title to Home When Married in Wisconsin | Attorney Explains
Attorney Thomas B. Burton discusses how to hold title to your home when married in Wisconsin. Attorney Burton covers the options married couples have in Wisconsin for holding title to their home, and discusses a unique form of ownership available under Wisconsin Marital Property Law called Survivorship Marital Property. Attorney Burton explains the estate planning and tax benefits married couples in Wisconsin can obtain by holding title to their home as survivorship marital property.
How to Make a Wisconsin Estate Plan in 2021
Attorney Thomas B. Burton discusses how to make a Wisconsin estate plan in 2021 and discusses the key documents that should be part of any good estate plan. Attorney Burton also discusses the differences between a Will based estate plan and a Trust based estate plan and gives helpful tips on choosing between the two types of plans for your estate.
How to Protect Home from Nursing Home | Estate Planning 101
Attorney Thomas B. Burton discusses how to protect your home from the nursing home in the state of Wisconsin. Attorney Burton discusses the rules regarding Medicaid qualification and the Medicaid lookback period and also discusses what type of trusts are effective for Medicaid asset recovery protection and which trusts are not effective. This educational video series is designed to inform and empower you so that you can take charge of your own estate planning and personal affairs.
How to Set Up a Living Trust | Attorney Explains
Attorney Thomas B. Burton explains "How to Set Up a Living Trust" in the latest episode of Estate Planning 101. In this episode, Attorney Burton will walk you through the exact steps you need to take to set up your own living trust and explain how each step in the process works together in order to achieve our goal of avoiding probate court on all of your assets and providing a built-in incapacity protection plan for your health and welfare during your life through the use of revocable living tr
How to Set Up a Living Trust | Attorney Explains
Attorney Thomas B. Burton explains "How to Set Up a Living Trust" in the latest episode of Estate Planning 101. In this episode, Attorney Burton will walk you through the exact steps you need to take to set up your own living trust and explain how each step in the process works together in order to achieve our goal of avoiding probate court on all of your assets and providing a built-in incapacity protection plan for your health and welfare during your life.
How to Transfer Family Cabin Without A Will? | Attorney Answers Question
Attorney Thomas B. Burton answers the following question: "How To Transfer Family Cabin Without A Will?"
How to Transfer House with Mortgage into Trust | Attorney Explains
Attorney Thomas B. Burton explains how to transfer a house with a mortgage into a trust. Attorney Burton explains how you can place your primary residence inside your trust even if you have a mortgage on the property due to a federal law called the Garn-St. Germain Depository Institutions Act, which allows you to place your house inside a revocable living trust for estate planning purposes without the financial institution being able to trigger the "due on sale" clause which is included in many
Is a Trust Amendment Valid if Signed Only by the Settlor? | Attorney Answers Question
Attorney Thomas B. Burton answers the following question: "Is a Trust Amendment Valid if Signed Only by the Settlor?"
Is Life Insurance Taxable in Wisconsin? | Attorney Explains
In this video, Attorney Thomas B. Burton answers the following question: "Is Life Insurance Taxable in Wisconsin?" Attorney Burton discusses how life insurance works and the tax treatment of life insurance for beneficiaries of the life insurance policy after the policyholder passes away.
Is My Florida Trust Valid in Wisconsin? | Attorney Answers Question
"Is My Florida Trust Valid in Wisconsin?" Attorney Burton answers a question from a viewer who has recently moved from Florida back to Wisconsin. The viewer would like to know if their trust, health care advanced directive and wills prepared in Florida are still valid in Wisconsin and what they would need to do to have all of their estate planning documents made consistent with Wisconsin law upon their move back to Wisconsin.
Is There a Charge to Have Wills Updated By The Same Lawyer? | Attorney Answers Question
Attorney Thomas B. Burton answers the following question: "Is There a Charge to Have Wills Updated By The Same Lawyer?"
John Wayne | Wills of the Rich and Famous
Attorney Thomas B. Burton looks at the will of Hollywood legend John Wayne on the latest episode of Wills of the Rich and Famous. In this educational video series Attorney Burton uses examples from the Wills of the rich and famous to illustrate important estate planning principles that individuals can learn from and implement in their own estate planning.
Joint Bank Account After Mother Died - Do I Tell My Sisters? | Real Attorney Reacts
Attorney Thomas B. Burton analyzes the following question by a reader who owns a joint bank account after her mother's died and she is wondering "Do I Tell My Sisters" about this joint bank account, when she is the sole owner of the joint bank account following her mother's death. Attorney Thomas B. Burton analyzes this question about joint bank accounts after death and provides tips and analysis for viewers to use and understand when formulating their own estate plans.
Just Say No to Adding Children as Joint Owners of Bank Accounts
Attorney Thomas B. Burton discusses why you should "Just Say No to Adding Children as Joint Owners of Bank Accounts" in the latest episode of his Estate Planning 101 educational series. In this video Attorney Burton explains the dangers of adding a child to your bank account as a joint account owner and goes through many of the unintended consequences that can occur from adding a child as a joint owner of a bank account, including exposure to lawsuits and creditor claims during your lifetime.
Mother Died--No Will. One Kid Wants to Sell House and Two Do Not- What to Do? | Real Attorney Reacts
Attorney Burton analyzes this real question under Wisconsin law and provides several options to the questioner of ways to deal with this tricky situation with their siblings short of going to court to litigate this issue. Attorney Burton also discusses the litigation option that the reader could pursue if all other options fail to settle the dispute. Attorney Burton also discusses the real psychological and emotional toll that litigation can have on members of the family in complicated probate s
Revocable or Irrevocable Trust - Nursing Home Medicaid Protection in Wisconsin
Attorney Thomas B. Burton discusses whether you should use a revocable or irrevocable trust for long term nursing home and Medicaid asset protection in Wisconsin. Attorney Burton discusses the key differences between a revocable trust and an irrevocable trust and explains why only one of these two types of trusts is effective for nursing home and Medicaid and asset protection under Wisconsin law and the current Medicaid rules.
Should I Allow My Dad to Add Me to the Deed of Our Family Home? | Attorney Answers Question
Attorney Burton discusses the pros and cons of adding someone to the deed of your home while you are still living in the home and also suggests ways to leave the real estate to the heirs upon death that may provide a more favorable tax position for capital gains tax purposes to the heirs if the heirs plan to later sell the property.
Single Member LLC vs Multi Member LLC Taxes | Attorney Explains
Attorney Thomas B. Burton explains the difference between Single Member LLC and Multi Member LLC Taxes and also explains how the number of members you include in your LLC determines how you file your taxes with the IRS when you choose to file as a disregarded entity.
Special Needs Trusts and Estate Planning | Ask The Attorneys
Attorney Thomas B. Burton is joined by Attorney Matthew Underwood, of Underwood Legal, LLC, and together they discuss a specific type of trust - The Special Needs Trust and it's association with Estate Planning. Attorney Burton and Attorney Underwood discuss and explain the nature of this trust, other types of similar trusts and its utilization in estate planning. This video is designed to inform, educate, and empower you, in order to put you in charge of your own estate planning.
Step Up in Basis at Death | Capital Gains Tax
Attorney Thomas B. Burton explains how Step Up in Basis at Death works for appreciated assets and the capital gains tax benefits to your heirs of using this method to pass highly appreciated property as part of your estate planning upon death. In this video Attorney Burton explains the valuable Step Up in Basis or "New Basis at Death" rules for capital gains tax currently in place with the IRS, and explains why gifting highly appreciate assets during life can sometimes turns into an unexpectedly
Three Ways to Hold Title to Real Estate in Wisconsin| Attorney Explains
Attorney Thomas B. Burton discusses three ways to hold title to real estate in Wisconsin and explains the main features of each method. In this video, Attorney Burton discusses holding property as Tenants in Common, as Joint Tenants, and as Joint Tenants with Rights of Survivorship, and a final way for married couples to hold title as Joint Tenants with Rights of Survivorship called Survivorship Marital Property.
Types of Trusts Used in Estate Planning | Ask the Attorneys
Attorney Thomas B. Burton is joined by Attorney Matthew Underwood, of Underwood Legal, LLC, and together they discuss the various types of trusts used in estate planning including several popular trusts you may often hear referenced such as revocable trusts, special needs trusts and irrevocable trusts. Attorney Burton and Attorney Underwood discuss each type of trust and explain how each type of trust is used as part of a comprehensive estate plan. This video is designed to inform, educate, and
What Are The Steps to File Will with Wisconsin Probate Court? | Attorney Answers Question
Attorney Thomas B. Burton answers the following question: "What Are The Steps to File Will with Wisconsin Probate Court?"
What Assets Should Be Placed in a Revocable Trust?| Attorney Explains
Attorney Thomas B. Burton answers the following question: "What Assets Should Be Placed in a Revocable Trust?" Attorney Burton explains why a revocable trust is a great estate planning tool for almost all assets, but there are a few exceptions you should discuss when meeting with your attorney, such as tax deferred retirement plan assets.
What Happens if Seller of House Dies with Land Contract? | Attorney Answers Question
Attorney Thomas B. Burton answers the following question: "What Happens if Seller of House Dies with Land Contract?"
What is a Pour Over Will? | Attorney Explains
Attorney Burton explains how a Pour Over Will is a type of Will commonly used in conjunction with a revocable living trust plan, where the Will is designed to transfer any assets you may own in your individual name at death, to your trust, upon death in order to be administered by the trustee named in your trust and distributed according to the distribution pattern laid out in your living trust document. Attorney Burton explains why it is often smart to pair a Pour Over Will with a revocable liv
What is the Best Way to Set Up House Deed if I Pass Before My Husband? | Attorney Answers Question
Attorney Thomas B. Burton answers the following question: "What is the Best Way to Set Up House Deed if I Pass Before My Husband?"