Laster & Associates Laster & Associates 2026-11-06T15:13:09Z https://www.lasterlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1504120/2024/07/cropped-laster-site-icon-512px-c-32x32.png On Behalf of Laster & Associates <![CDATA[Setting up a trust for a growing family: 3 things to plan for]]> https://www.lasterlaw.com/?p=47208 2026-11-06T15:13:09Z 2026-11-06T15:13:09Z Parents make countless decisions around the future they imagine for their children. They save for college, plan family vacations and think about the kind of home their children will grow up in. But there is another set of decisions that can be harder to consider: Who would manage the family's finances if a parent died? How would children access money for their needs? Who could step in to protect their interests while they are still young? A revocable living trust can help Wisconsin parents answer some of these questions before circumstances force difficult decisions. By establishing instructions for managing and distributing family assets, parents can account for their children's financial needs at different stages of life. Three considerations can help shape that plan.

1. Decide how children will receive their inheritance

Leaving an inheritance directly to a minor child can create practical challenges. Children generally cannot manage significant assets independently, and a court may need to appoint someone to oversee the property. A trust offers another option. Parents can name their children as beneficiaries and appoint a trustee to manage the inherited assets. The trust document can establish when children receive distributions and what expenses the trustee may cover, such as education, health care and living costs. Parents can also set different distribution ages or conditions based on their children's needs and maturity.

2. Choose a trustee and successor

A trustee handles the financial responsibilities outlined in the trust. These duties may include managing investments, paying expenses and distributing funds to beneficiaries. Parents often serve as the initial trustees of their revocable living trusts, allowing them to retain control over their assets. However, they should also name a successor trustee who can step in if they die or become unable to manage the trust. The right person should demonstrate sound judgment, financial responsibility and a willingness to follow the family's instructions. Parents should also consider whether a professional or corporate trustee would better serve their children's long-term interests.

3. Coordinate the trust with the rest of the estate plan

Creating a trust alone does not complete an estate plan. Parents must also consider how their other legal documents and financial accounts work together. For example, Wisconsin Statutes § 54.15(6) allows parents to nominate a guardian for their minor children through a will, subject to the surviving parent's rights and the court's best-interest determination. A living trust cannot replace this nomination. Parents should also review life insurance, retirement accounts and other beneficiary designations. These accounts may transfer outside the trust unless the designations direct assets into it.

Make room for the unexpected in the family's plans

Children do not remain young forever, and the financial arrangements that serve a family today may need to change as they grow. A trust gives parents an opportunity to put important decisions in writing, from who manages family assets to when children can access their inheritance. Those decisions deserve careful consideration, especially when several people may eventually share responsibility for a child's well-being. A Wisconsin estate planning attorney can help parents develop a trust that reflects their wishes and works alongside the rest of their estate plan.]]> On Behalf of Laster & Associates <![CDATA[When can Wisconsin courts modify a child placement order?]]> https://www.lasterlaw.com/?p=47206 2026-10-23T14:03:34Z 2026-10-23T14:03:34Z Within two years, changes require proof of harm During the first two years after a final custody or placement judgment, courts generally cannot approve a major change. This is unless you provide substantial evidence that the existing arrangement causes harm to your child, either in a physical or emotional way. This rule helps protect children from major disruptions soon after a court sets their schedule.

After two years, changed circumstances matter

After two years, you generally must prove there is a significant development in circumstances and that the proposed arrangement is better for your child. Under Wisconsin Statutes Section 767.451, a change in your income or marital status alone does not meet this standard. The court generally presumes that keeping the existing arrangement serves your child's interests.

Smaller schedule changes follow a different standard

If your request would not substantially change the time you spend with your child, the court generally needs to find that the adjustment serves your child's best interests. For example, you might request a minor schedule change to accommodate a new school activity without significantly reducing either parent's placement time.

Review your options before requesting a change

Wisconsin law sets different standards depending on the type of change you seek, so reviewing your current order can help you understand which rules apply. Before changing the schedule yourself, consider discussing your concerns and supporting records with a family law attorney. They can review your order, assess whether your circumstances meet the legal requirements and explain how to request a modification through the court.]]> On Behalf of Laster & Associates <![CDATA[If childless, what should your estate plan include?]]> https://www.lasterlaw.com/?p=47202 2026-10-15T11:07:28Z 2026-10-15T11:07:28Z The essential documents that protect you now and later Your estate plan needs a strong foundation of core documents that work together to safeguard your interests. First, a will or revocable living trust directs where your assets go after you pass away while helping avoid unnecessary probate court delays. Second, a Wisconsin statutory financial power of attorney lets you choose someone trusted to handle your finances, like managing your accounts and paying bills, if you cannot. Third, a health care POA (power of attorney) allows a chosen person to make medical decisions in your place. Finally, a HIPAA authorization gives your designated decision-makers access to your medical information. These documents protect you during life just as much as they guide what happens after death.

Choosing the right people when family structure looks different

If you do not have adult children, it is worth taking some time to think about who could step into these important roles for you. Some people you might consider:
  • A brother or sister who knows your values and has a good sense of your financial situation
  • Someone you consider a close friend who’s proven dependable over the years
  • A younger relative you have guided and truly trust
  • A professional fiduciary if you would rather choose someone neutral and not personally involved.
Whoever you pick should be comfortable dealing with money and is able to make hard calls when things get stressful. Just as important, you want someone who will follow your wishes, not substitute their own.

Creating a legacy that reflects your passions

Wisconsin's intestacy laws distribute your assets to distant relatives if you die without a plan. However, you can redirect your estate toward causes that matter to you. Perhaps you want to establish a scholarship at your alma mater or support a nonprofit organization that aligns with your beliefs. You might choose to leave meaningful gifts to friends who have enriched your life or provide for nieces and nephews in ways that create opportunities. Your estate becomes a powerful tool for making a lasting impact.

Reducing stress for the people you care about

A comprehensive estate plan simplifies the process for whoever handles your affairs. When everything is written down, it helps avoid confusion and can prevent disagreements with family. Plus, good planning makes things much easier from an administrative and legal standpoint. The people you choose to make decisions will understand exactly what you want and will have the authority to act quickly when they need to.

Your plan, your control, your legacy

A carefully thought out estate plan lets you stay in control instead of leaving major decision up to state law. If you do not have children, you have even more flexibility to be very intentional about the legacy you want t leave. With the right plan in place, you are protected if you ever become unable to make decisions and your hard-earned assets go to the people and causes that matter most to you.]]> On Behalf of Laster & Associates <![CDATA[How serious is an underage OWI charge in Wisconsin?]]> https://www.lasterlaw.com/?p=47169 2026-09-25T10:17:51Z 2026-09-25T10:17:51Z A young person may think an alcohol-related traffic stop will not become a serious legal matter if no crash occurred, no one suffered an injury and the driver did not feel drunk. Wisconsin law, however, looks beyond those circumstances. For someone younger than 21, even a small amount of alcohol can create an OWI-related offense. That can make an underage OWI case different from what a young driver might expect. Under Wisconsin’s Absolute Sobriety law, §346.63(2m), a person younger than 21 generally violates the law by driving when alcohol remains detectable in their system. The rule can apply before a driver reaches the alcohol concentration level associated with impaired driving.

What can make an underage OWI serious?

The potential consequences depend on the circumstances and the specific Wisconsin law involved. A case involving detectable alcohol may differ from one alleging that the driver operated while impaired. A driver’s previous record and the details of the incident can also affect what penalties may apply. An underage OWI case may involve:
  • A suspension of driving privileges: An OWI-related offense can lead to a suspension or revocation of driving privileges. Some drivers may qualify for an occupational license that permits limited driving for approved purposes.
  • Financial penalties: Depending on the offense, a conviction may result in fines or forfeitures along with other costs.
  • Alcohol or drug assessment: Wisconsin generally requires a person convicted of OWI to complete an assessment. The person may also need to follow a Driver Safety Plan.
  • Ignition interlock requirements: Certain OWI convictions can require an ignition interlock device, including some first-offense cases involving a high alcohol concentration.
For a young driver, these consequences can affect more than the ability to drive. They may also create practical problems with getting to school, work or other regular commitments.

What should a young driver know about an OWI?

Wisconsin’s under-21 rule changes how the law treats drinking and driving. A driver does not have to reach the alcohol concentration threshold for a standard OWI before alcohol can become a legal issue. The outcome depends on the charge, the available evidence and the driver’s circumstances. If police charge you or your child with an underage OWI, a Wisconsin attorney can explain how the applicable law affects the case and what options may exist.  ]]> On Behalf of Laster & Associates <![CDATA[How do you deal with a high-conflict co-parenting situation?]]> https://www.lasterlaw.com/?p=47165 2026-09-09T10:14:10Z 2026-09-09T10:14:10Z Co-parenting is hard. When you are dealing with a high-conflict co-parent, it becomes even harder. It drains you emotionally and tests your patience daily. However, you can protect your children and yourself with the right approach. In Wisconsin, these conflicts matter legally. They affect placement exchanges, communication and decisions about your kids. However, state law provides tools and sets clear expectations for co-parenting after you separate or divorce. Furthermore, learning your options and using smart communication methods makes your life easier.

Follow exact orders

Outlined in Wisconsin Statutes Section 767.41, your guiding principle is the “best interest of the child.” Typically, most co-parents work under orders addressing legal custody (decision-making) and physical placement (your child’s housing).  High conflict often arises when you and your co-parent have different interpretations of the order. High conflict often happens when each parent reads the order differently. If you are in a high-conflict situation, change your approach. The safest legal move is to follow the order exactly. Then, only make changes if both parents agree in writing to a temporary change.

Establish clear communication

Do texts or conversations turn into fights? Request a court-monitored app instead. Written communication helps in high-conflict cases. These apps create a permanent record that no one can edit. If needed, they work as evidence in Wisconsin family court. Keep messages short and focused only on your child. Do not respond to provocative statements. This reduces emotional triggers and stops fights before they start. Similarly, even without an app, put communications in writing. Whenever possible, avoid phone calls or face-to-face meetings when possible.

Consider professional services

Wisconsin counties offer helpful resources for those in high-conflict situations. Here are a few examples:
  • Family court services
  • Mediation options
  • Conflict reduction programs
Courts sometimes order mediation or other help. Thus, if you face repeated disputes, structured dispute resolution often works better. Additionally, a court can also appoint a parenting coordinator. They can help you resolve ongoing disputes without constant court involvement.

Legal strategies

Above all, remember that your behavior is always under scrutiny by the court. Do not “get back” at the other parent for problems like unpaid child support. Retaliation can create serious legal risk. For example, Wisconsin courts can find a parent in contempt or even treat certain actions as custody or placement violations. Instead, consider seeking a qualified family law professional to discuss modifying your current orders. Ultimately, getting legal counsel can better protect your peace of mind and your child’s well-being.]]> On Behalf of Laster & Associates <![CDATA[What happens if you die without a will in Wisconsin?]]> https://www.lasterlaw.com/?p=47154 2026-08-24T13:45:03Z 2026-08-24T13:45:03Z Who inherits your property without a will? Who inherits depends on which family members survive you. Wisconsin inheritance rules generally follow this order:
  • If you leave a spouse but no descendants, they generally inherit the entire estate.
  • If you leave a spouse and all your surviving descendants are also their descendants, your spouse generally receives the entire estate.
  • If at least one surviving descendant is not also your spouse’s descendant, different rules apply. Your spouse keeps their own half of marital property but does not inherit your half. Your descendants inherit your half. Your spouse also generally inherits half of certain nonmarital property.
  • If you have no surviving spouse, your descendants inherit first. If you have no descendants, your parents come next, followed by siblings and certain other relatives.
Marital property generally includes assets acquired during the marriage, although there are exceptions. If no eligible relatives survive you, your assets may eventually pass to the state’s school fund.

How are your assets handled without a will?

If probate is needed, a personal representative handles the process. This person gathers assets, pays valid debts and distributes what remains under state law. Not all assets pass this way. Some may go directly to another person because of a named beneficiary, transfer-on-death arrangement or ownership rights that pass the asset to a survivor. If the gross value of property subject to probate administration is $50,000 or less, the transfer-by-affidavit process may be available instead of full probate administration.

Make sure your plan reflects your wishes

Understanding Wisconsin’s default inheritance rules gives you a useful starting point. You can compare them with your own wishes and review whether your will, beneficiary designations and property ownership reflect those choices. If you have a blended family or questions about which assets would pass through your estate, an estate planning attorney can explain how the rules apply and identify estate planning documents that may need attention.]]> On Behalf of Laster & Associates <![CDATA[What you should know about international adoptions]]> https://www.lasterlaw.com/?p=47140 2026-08-04T16:06:03Z 2026-08-04T16:06:03Z International adoption follows multiple legal systems International adoption must meet the laws of both the United States and the child's home country. That means you will likely need to follow two sets of rules before the adoption is complete. Each country decides who may adopt, what records are required and how children become eligible for adoption. U.S. immigration law also affects whether your child may enter the country after the adoption or placement. Once you return home, Wisconsin courts play a role in recognizing the adoption under state law. Because each step builds on the last one, it is important to understand how the different legal systems work together.

Documentation and approvals take time

Most international adoptions require a large amount of paperwork before the process can continue. Some records confirm your identity and family situation, while others help government officials decide whether legal requirements have been met. You may need to provide:
  • Proof of identity and citizenship
  • Income information
  • Background check results
  • A completed home study
  • Immigration forms
Some countries also ask for certified translations or additional records. Keeping everything organized can help you respond more quickly if you need to provide more information.

Timelines can vary from case to case

International adoption often takes time because several agencies and government offices must review your case. Even if you submit everything on time, you may still need to wait while each office completes its part of the process. The timeline may also change if the child's home country updates its adoption rules or requests more information. While waiting is never easy, knowing that delays are sometimes outside your control can help you set realistic expectations from the start.

Prepare for the journey ahead

Learning about international adoption before you begin can help you understand what the process may involve and where challenges are most likely to arise. Meeting with an adoption attorney early can help you learn which laws apply to your situation, review your paperwork and address potential issues before they slow your case. Even a little preparation at the beginning can make the process easier to manage as your adoption moves ahead.]]> On Behalf of Laster & Associates <![CDATA[How is child custody determined in Wisconsin?]]> https://www.lasterlaw.com/?p=47128 2026-07-21T03:26:32Z 2026-07-21T03:26:32Z What factors do Wisconsin courts consider? Wisconsin courts make custody decisions based on the best interests of the child. Rather than favoring one parent over the other, judges evaluate each family's unique circumstances to determine the arrangement that best supports the child's health, safety, and development. The court may consider factors such as:
  • Each parent's ability to provide a safe, stable, and supportive home.
  • The child's relationship with each parent and other important family members.
  • Each parent's willingness to encourage a healthy relationship between the child and the other parent.
  • The child's adjustment to home, school, and community.
  • The mental and physical health of the parents, when relevant.
  • Any history of domestic violence, abuse, neglect, or substance abuse.
Depending on the child's age and maturity, the court may also consider the child's preferences, although those wishes do not determine the outcome.

Legal custody vs. physical placement

Wisconsin distinguishes between legal custody and physical placement. Legal custody refers to a parent's authority to make major decisions about the child's upbringing, including education, health care, and religious instruction. Physical placement determines where the child lives and how much time they spend with each parent. In many cases, courts award joint legal custody because they believe children benefit when both parents remain actively involved in important decisions. However, every family situation differs, and the court will tailor its orders to meet the child's best interests.

How can you strengthen your custody case?

Parents who focus on their child's needs often present stronger custody cases. You can help your case by:
  • Demonstrating your ability to provide a stable and supportive environment.
  • Following existing parenting schedules and court orders.
  • Maintaining respectful communication with the other parent.
  • Keeping detailed records of parenting time and significant events.
  • Remaining actively involved in your child's education, medical care, and daily life.
Judges generally look favorably on parents who encourage healthy co-parenting whenever appropriate.

Work with an experienced family law attorney

Child custody decisions can have a lasting impact on your family. An experienced Wisconsin family law attorney can explain the legal process, help you gather evidence, advocate for your parental rights, and work toward a custody arrangement that protects your child's best interests. If you have questions about child custody in Wisconsin, consulting a knowledgeable family law attorney can help you understand your options and pursue a parenting plan that supports your child's future.]]> On Behalf of Laster & Associates <![CDATA[What documents should you update first after divorce?]]> https://www.lasterlaw.com/?p=47116 2026-07-15T08:44:15Z 2026-07-15T08:44:15Z Estate planning documents Your estate plan should reflect your current wishes once your marriage ends. Review your will, trust and powers of attorney to make sure they still name the people you want making important decisions or receiving your property. If these documents no longer reflect your circumstances, they may give authority to someone you would not choose today. Reviewing them now helps ensure your future decisions remain in the hands of the people you trust.

Titles and ownership records

Some assets require more than a divorce judgment to show who owns them. If ownership of a home, vehicle or other property changed during your divorce, you may also need to update deeds, titles or account ownership. Completing these changes helps prevent confusion later and makes it easier to show who legally owns an asset if questions arise in the future.

Financial accounts and personal records

Keeping your personal records current helps your everyday affairs run more smoothly after a divorce. As you move into this new stage of life, review items such as:
  • Bank and investment accounts
  • Insurance policies
  • Your name on account records, if it has changed
  • Emergency contacts associated with your accounts
Making these updates helps ensure your information stays accurate and grants access only to the right people.

Give yourself a fresh start

If you are unsure which updates apply to your situation, legal guidance can help. An attorney can review your documents, identify anything you may have overlooked and answer questions before small issues become bigger ones. Completing these updates now can help prevent unnecessary problems later and ensure your records remain up to date.]]> On Behalf of Laster & Associates <![CDATA[What to do if you are falsely accused of burglary?]]> https://www.lasterlaw.com/?p=47092 2026-06-24T14:35:57Z 2026-06-29T05:00:59Z Steps that can help strengthen your position Before taking action, it helps to know what prosecutors must prove. In Wisconsin, a burglary charge usually requires proof that a person entered a building or dwelling without permission and intended to steal property or commit a felony inside. The prosecution must prove every required element beyond a reasonable doubt. Nonetheless, your choices after an accusation still matter. They may affect what proof remains available and how well you can respond to the allegations. Consider these approaches:
  • Remain silent: Avoid answering questions about the allegation without legal counsel present. Investigators may misunderstand your statements or interpret them differently than you intended.
  • Work with a defense attorney: An expert can review the facts, protect your rights during questioning and find weaknesses in the allegations.
  • Avoid contact with the accuser: Reaching out to the person involved can create added concerns. Others may also question your reasons for making contact.
  • Collect supporting evidence: Documents and records may help show where you were when the incident allegedly occurred. Examples may include receipts, security footage or witness statements.
  • Preserve existing records: Keep text messages, call logs and other details intact. Changing or destroying material can create separate legal issues and make the facts harder to review.
These steps can help protect information that may support your version of events. Clear records may also make it easier to compare the accusation with what actually happened.

Protecting your future

A burglary accusation can affect your reputation and job before a case ends. Because those consequences may arise quickly, careful choices can matter from the start. When records and witness accounts support your version of events, they can help create a clearer picture of what occurred. Taking prompt and thoughtful action can also help ensure that important information remains available as the matter moves forward.]]>