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Marital Property Agreements 2022

Product ID: CA3351R5
Presented By: State Bar of Wisconsin PINNACLE

Yours and mine

No marriage lasts forever. Almost half of all marriages end in divorce or separation, and the rest end when one spouse dies. Marital property agreements help prepare couples for the future by ensuring that their property is divided according to their wishes, regardless of how their marriage comes to end. 

Without a marital property agreement, each half of a Wisconsin couple is entitled to at least half of all marital property. A marital property agreement enables couples to alter this default allocation by classifying certain property as individual.

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Select a Format

OnDemand seminar

Pricing

Member $89.00

Non-Member $139.00

Credits

1 CLE

Date and Time

Monday, August 22, 202212:00 PM - 1:00 PM CT

Add to Calendar 8/22/2022 12:00:00 PM 8/22/2022 1:00:00 PM America/Chicago Marital Property Agreements 2022

Yours and mine

No marriage lasts forever. Almost half of all marriages end in divorce or separation, and the rest end when one spouse dies. Marital property agreements help prepare couples for the future by ensuring that their property is divided according to their wishes, regardless of how their marriage comes to end. 

Without a marital property agreement, each half of a Wisconsin couple is entitled to at least half of all marital property. A marital property agreement enables couples to alter this default allocation by classifying certain property as individual.

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Yours and mine

No marriage lasts forever. Almost half of all marriages end in divorce or separation, and the rest end when one spouse dies. Marital property agreements help prepare couples for the future by ensuring that their property is divided according to their wishes, regardless of how their marriage comes to end. 

Without a marital property agreement, each half of a Wisconsin couple is entitled to at least half of all marital property. A marital property agreement enables couples to alter this default allocation by classifying certain property as individual.

Read More ↓

Anthony Menting is a partner in Stafford Rosenbaum’s Madison office. With an honor’s degree in mathematics, Tony is able to complete complex analyses regarding the multitude of issues present in divorce actions. Tony’s practice focuses on divorce, mediation, and estate planning. He is extensively familiar with business valuations, property division, child support, maintenance, child custody, and child placement. He also has experience with wills, revocable trusts, and powers of attorneys, as well as gift and marital property planning. Lastly, Attorney Menting has experience with litigation in all areas of family, trust, and probate disputes. Within this practice, Attorney Menting highlights the importance of children’s needs, practical solutions, and quality client experiences. Tony has expertise in managing the even more complex tax and financial issues that arise during a divorce, including issues regarding valuations, the needs of business owners or their spouses who are divorcing, and structuring outcomes that minimize adverse tax or lending consequences. 

Reg P. Wydeven is a partner at McCarty Law LLP in Appleton.  As he had always hoped, Reg was lucky enough to follow in his father’s footsteps by practicing law at the firm and advising individuals on estate planning, estate settlement and elder law matters.  His dad, Dennis, retired from McCarty Law in 2004 and the two worked closely in these areas until that time.  Reg assists clients and is a frequent speaker on matters such as estate planning, special needs planning, long-term care planning and asset protection.

Reg has been honored as a “Rising Star” for his work in elder law and also received the local “Future 15 Young Professional Award.” He also writes a weekly FYI column for The Post Crescent, which provides legal commentary on a wide array of topics including estate planning, product liability, investments, and unconventional legal news. 

Reg was raised in Kimberly, and lives in the childhood home of his wife, Mary, two doors down from where he grew up.  They have two children, Ebben and Matthew. Little-known fact: Reg graduated from law school with the 14th Dalai Lama in 1998 when the University of Wisconsin Law School awarded him an honorary degree.

12:00 p.m. : Using MPAs for Estate Planning Purposes:

  • Classifying Assets
    • As individual property to prevent unintentional commingling
    • As marital property to get a double step-up in basis upon the death of one spouse
  • Washington Will provisions for probate avoidance         
    • Transfer assets directly to beneficiaries
    • Transfer assets to a revocable trust
  • Medicaid planning purposes to avoid Estate Recovery
    • Classifying assets as the individual property of the Community Spouse to avoid Estate Recovery if the Community Spouse dies first
    • Classifying assets as the individual property of the Community Spouse to avoid Estate Recovery if the Community Spouse dies second

Reg Paul Wydeven

12:30 p.m. : MPAs in Family Law

  • Engagement Letters
  • Use of Preliminary Acknowledgements in the Agreement
  • Financial Disclosure statements
    • Timing of Disclosure
    • Content of Disclosure
    • Establishing Gift/Inheritance
    • Creating/Preserving Trial Evidence
  • Property Division
    • Presumed Equitable
    • Use of Expanding Awards
    • Use of Percentages, Floors and Ceilings
  • Maintenance
    • Terms Not Presumed Enforceable
    • Use of Expanding Terms
    • Use of Percentages, Floors and Ceilings
  • Bases for Non-Enforcement

Anthony J. Menting

1:00 p.m. : Program Concludes

  • Learn the requirements for a valid, enforceable marital property agreement
  • Be able to draft marital property agreements for clients anticipating marriage
  • Know how to protect your clients’ property in the event of a dissolution of marriage or death
  • Pick up drafting tips to ensure marital property agreements reflect your client’s wishes
  • Family law attorneys
  • Estate planning attorneys
  • General practitioners
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