Thomas B. Burton

Thomas B. Burton

Attorney, Burton Law LLC
  • Estate Planning, Business Law, Real Estate Law ...
  • Minnesota, Wisconsin
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Legal Knowledge
5.0/5.0
Legal Analysis
5.0/5.0
Communication Skills
5.0/5.0
Ethics and Professionalism
5.0/5.0
Matthew Underwood
Reviewed by Matthew Underwood February 5, 2020
Rating: 10 Justia Lawyer Rating - 10 out of 10
As an attorney, I would trust Tom to handle my own legal issues or the legal issues of my family members. I highly recommend Tom to others seeking an attorney.
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Summary

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

Practice Areas
    Estate Planning
    Guardianship & Conservatorship, Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Elder Law
Video Chat and Conferencing
  • Google Hangouts
  • Skype
  • Zoom
  • FreeConferenceCall
  • Legaler--Secure, Encrypted, Live Video Chat Designed for Legal Industry
Fees
  • Credit Cards Accepted
    I accept credit cards through Paypal and Square. I accept payments from your checking account to mine, with no fees, via Google Pay. I 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.
Jurisdictions Admitted to Practice
Minnesota
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Wisconsin
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U.S. Tax Court
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Languages
  • English: Spoken, Written
Professional Experience
Attorney
Burton Law LLC
- Current
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.
Education
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
University of Wisconsin Law School Logo
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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Professional Associations
University of Wisconsin Alumni Association Chippewa Valley Chapter
Board Member
- Current
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Chippewa Valley After Hours Rotary
Member
- Current
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Chippewa County Bar Association
Member
- Current
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Young Professionals of the Chippewa Valley
Member
- Current
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State Bar of Wisconsin  # 1072795
Member
- Current
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Publications
Articles & Publications
10 Questions: Tom Burton: How a Nontechie Built a Virtual Practice
Wisconsin Lawyer
Speaking Engagements
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
Websites & Blogs
Website
Home Page of Burton Law LLC
Blog
Videos
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 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

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. 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.

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. 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.

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. 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.

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 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.

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 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

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 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

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. 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.

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 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

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. 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.

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.. 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..

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 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

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 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

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 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

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 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

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 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

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 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

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 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

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 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

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... 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...

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... 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...

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,... 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,...

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. 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.

Attorney Thomas B. Burton explains a special IRS rule for multi-member LLCs in Wisconsin where the only members are a married couple. 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.

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... 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...

Attorney Thomas B. Burton explains how a standalone HIPAA release can be very useful as part of your comprehensive estate plan. 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.

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... 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...

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... 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...

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. 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.

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... 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...

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... 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...

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... 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...

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... 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...

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... 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...

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... 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...

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... 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...

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... 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...

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 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.

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... 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...

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... 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...

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... 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...

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... 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...

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... 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...

Legal Answers
89 Questions Answered

Q. Mom passed away June 2020 with only $300 in her checking & a car loan.
A: The good news about death, is that the debts of the decedent die with them. I am sorry to hear about the loss of your mother. Any debts she owed at her death would be owed by her estate. So if she only had $300 total to her name and that is the total amount in her estate, this is the limit of what any creditors could collect. If you did not co-sign for the loan and you are not on the title then you should not be personally liable.
Q. Does a title company have to notify the buyer and seller of a house of any encumbrances they discover prior to closing?
A: I would carefully examine your title insurance policy on the home to see if the issue was discovered during the title search and discuss this issue with a real estate litigation attorney in your area. The title company should have run a title search before issuing the title insurance. If the issue came up during the search, it should be listed in those documents that you were presented with at the closing. If it is an issue that no one knew about until now, then that is a good reason you buy title insurance and your title insurer should help make you whole. This of course will depend on the exact language of the title insurance policy, so again I would review it carefully with a real estate litigation attorney in your area.
Q. My brother is providing me with $40,000 down payment to purchase a primary residence.
A: Currently you can gift up to $15,000 per person per year, without filing a federal gift tax return. Therefore, your proposed gift of $40,000 from your brother would be over this amount. He could gift you $15,000 this year and $15,000 in 2021 without filing a gift tax return, or if he is married, he and his wife could each gift you $15,000 this year, and an additional $10,000 in 2021 without filing a federal gift tax return. If you need all of the money before the end of the year, he can gift you above $15,000, and as you mentioned, he could file a federal gift tax return claiming the extra $25,000 as part of his lifetime exemption. This would reduce the total amount he can leave tax free to heirs at death and during life by this $25,000 amount. As far as a loan, yes if your brother loans you the money instead of gifting it, it is not a gift, and you would not need to file a gift tax return. If you structure it as a loan I suggest having a written promissory note in place and you must charge interest at or equal the applicable federal rate in order to avoid imputed interest by the IRS. I suggest working with an attorney to structure this properly. Best of luck to you both!
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Contact & Map
Burton Law LLC
Eau Claire Office
310 Pinnacle Way
Suite #301
Eau Claire, WI 54701
Telephone: (715) 575-9732
Fax: (715) 575-9738
Monday: 12 PM - 5 PM
Tuesday: 9 AM - 5 PM
Wednesday: 9 AM - 5 PM
Thursday: 9 AM - 5 PM
Friday: Closed
Saturday: Closed
Sunday: Closed (Today)
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