Estate Planning/Probate

Attorney Holtz and Mequon Law Offices are well known for our estate planning, elder law, and probate experience. Following his graduation from the University of Wisconsin Law School in 1985, Atty. Holtz has been helping clients in southeastern Wisconsin in these areas for over 33 years. He has also given presentations in the estate planning and estate tax areas to other attorneys, civic and church organizations, and Milwaukee area residents.

In the estate planning area, Atty. Holtz combines his CPA and tax background with a common-sense approach to carrying out our clients’ wishes in a straightforward and tax-efficient way. He is continually staying on top of the tax, estate planning and elder law changes and wants to assure that his clients understand all of their estate planning documents and how they will be implemented. Atty. Holtz has also prepared a pamphlet discussing ten benefits of estate planning. Estate planning options which Attorney Holtz has implemented includes the following:

• Revocable Trusts for Married Couples or Single Persons to assist with Probate Avoidance

• Family Trusts and asset classification planning to save estate taxes

• Durable Financial Powers of Attorney

• Health Care Powers of Attorney (generally preferable over Declarations to Physicians)

• HIPAA Agent Declarations for Access to Medical Records

• Transfer on Death Deeds

• Payable on Death Designations on bank or investment accounts

• Trusts for the Benefit of Children or Grandchildren

• Marital Property Agreements

• Trusts for Disabled Individuals, including both customized Trusts and WisPact Trusts

In the elder law area, Wisconsin and the federal government have made significant changes affecting the potential planning for the costs associated with nursing homes and other institutions. Attorney Holtz is a member of the Elder Law Section of the State Bar of Wisconsin and continually monitors the changes in these areas. Notwithstanding these changes, planning opportunities still exist, and through a referral from another attorney, Attorney Holtz recently helped to assure that a home was preserved for the benefit of a caretaker child. It is critical that clients know the exact rules before taking any actions in the form of gifts or divestments which may have negative implications and affect a future application for Medical Assistance.

In the probate area, Attorney Holtz has a long history of assisting with the administration of estates. He has probated numerous estates in various Wisconsin counties, including, for example, Ozaukee, Milwaukee, Waukesha, Washington, Dodge, Fond du lac, Racine, Door, Manitowoc, and others, and he works closely with the Registers in Probate to aid in a smooth and efficient disposition. Other attorneys have utilized Attorney Holtz’s probate and tax expertise to assist them with the handling of various complicated estates and trusts. He is also well-versed with the special tax issues which apply to all required fiduciary and estate tax returns, and as a CPA, he often prepares the individual, fiduciary, and estate tax returns which are required in connection with the completion of the estate and trust administration process.