In Wisconsin, a lost, destroyed, or otherwise unavailable will can still be admitted to probate, but the process is stricter than for an original will. A will is treated as “lost” when the original cannot be found after death, was destroyed without a valid revocation, or is otherwise unavailable. If the original...
Wisconsin Estate Planning FAQ’s: Do All Assets Go Through Probate?
Not everything you own is automatically subject to probate. Generally, assets titled solely in your name, like a bank or investment account, your home or other real estate, or a vehicle, must pass through the probate court to remove your name and retitle the property to your heirs. By contrast, many assets...
Wisconsin Probate: In Wisconsin, how is a Will proved in an informal probate proceeding?
In Wisconsin, a will is proved in an informal probate proceeding by satisfying the statutory requirements for admission without a formal evidentiary hearing. Informal probate is a streamlined process where a probate registrar admits the will and appoints a personal representative based on submitted paperwork, with no court hearing unless an objection...
Wisconsin Estate Planning FAQ’s: What Does Funding My Living Trust Mean and How Do I Do That?
“Funding” a revocable living trust means aligning how your assets are owned and where they pay at death so your successor trustee, not a court, can manage and distribute them under your trust instructions. In practice, that means retitling assets into the trust’s name and updating beneficiary designations to coordinate with your...
Wisconsin Probate: Who may petition a Court to open a probate in Wisconsin?
In Wisconsin, a probate case may be opened by a variety of people who have a legally recognized interest in the decedent’s estate, under the framework of Wisconsin Statutes Chapter 865. A petition for probate or administration may be filed by persons named in the will—specifically, the individual nominated as personal representative...
Wisconsin Estate Planning FAQ’s: The Benefits of a Revocable Living Trust
A revocable living trust is a flexible, practical way to keep your affairs out of court, reduce administrative burdens, and maintain privacy. When properly prepared and funded, a living trust lets your chosen trustee manage your assets during your lifetime if you become unable to do so, and then distribute them after...
Wisconsin Estate Planning: In Wisconsin, are persons in possession of a Will required to file it with the Court?
Yes. In Wisconsin, anyone who has possession of a decedent’s original will is required to deliver it to the probate court in the county where the decedent resided, or to a person who can properly submit it for probate (such as the nominated personal representative). This duty applies whether or not the...
Wisconsin Estate Planning FAQ’s: 4 Things a Living Trust Does Not Do
A revocable living trust is a powerful tool for avoiding probate, maintaining privacy, and streamlining administration, but it has limits. Four common misconceptions deserve a quick reality check:
It does not control medical decisions. A living trust handles financial affairs, it is not a living will...Wisconsin Estate Planning: In Wisconsin, are “no contest” provisions enforceable?
In Wisconsin, “no contest” clauses (in terrorem clauses) are not automatically enforceable to disinherit a beneficiary who brings a challenge in good faith. The governing statute, Wisconsin Statutes § 854.19, provides a probable cause exception: if the beneficiary had a reasonable basis in fact and law to bring the action, the clause...
Wisconsin Estate Planning FAQ’s: Common Misconceptions About Living Trusts
People hear a lot about living trusts from friends and the media, and myths can spread quickly. One common misconception is that a living trust is “too expensive.” While a well‑drafted trust may cost more upfront than a simple will, comparing only drafting fees misses the bigger picture. A will’s true cost...