In Wisconsin, the qualifications for a witness to a will are set by Wisconsin Statutes § 853.07 and the execution requirements in § 853.03. A witness must be competent to testify in court at the time the will is executed, and later incompetency (for example, illness or incapacity occurring after the signing)...
Wisconsin Estate Planning FAQ’s: Protect Against Generation Skipping Tax
If some or all of your estate bypasses your children and passes directly to your grandchildren, your estate may owe a separate levy called the generation-skipping transfer (GST) tax. The GST tax is imposed in addition to any federal estate tax and is pegged to the highest federal estate tax rate in...
Wisconsin Estate Planning: In Wisconsin, what are the requirements to properly execute a Will?
In Wisconsin, a will must satisfy the statutory execution requirements in Wisconsin Statutes § 853.03 to be valid. The testator must be at least 18 years old and possess testamentary capacity—meaning they understand the nature and extent of their property, know the natural objects of their bounty, understand that they are making...
Wisconsin Estate Planning FAQ’s: Estate Planning for Your Adult Child
When a child turns 18, you lose the automatic legal authority to access their medical information or handle their finances, even in an emergency. One of the most practical gifts you can give a new adult is a basic estate planning package: a simple will or trust, a financial power of attorney,...
Wisconsin Probate: In Wisconsin, what is intestate succession?
In Wisconsin, intestate succession is the statutory process for distributing a decedent’s probate estate when there is no valid will, or when a will does not dispose of all probate property. The governing rules appear primarily in Wisconsin Statutes Chapter 852 and provide a default plan for who inherits if testamentary instructions...
Wisconsin Estate Planning FAQ’s: Understanding Living Trusts
A revocable living trust is a proven alternative to relying on a stand‑alone will and scattered beneficiary designations. While a will only takes effect after you die and must be validated by a probate court, a living trust can operate during your lifetime and after death, allowing the person you choose (your...
Wisconsin Probate: In Wisconsin, what property is subject to probate?
In Wisconsin, only probate property—property owned by the decedent that does not pass automatically by operation of law or by contract—is subject to probate administration. Generally, this includes real estate titled solely in the decedent’s name, such as a house owned by the decedent alone with no survivorship designation or transfer-on-death (TOD)...
Wisconsin Estate Planning FAQ’s: What is Estate Planning?
Estate planning is the process of deciding in advance who should receive your property, what they should receive, and when, all while keeping taxes, legal fees, and court costs as low as possible. Because everyone owns something (from a car or checking account to a home and life insurance), everyone has an...
Wisconsin Probate: In Wisconsin, who are considered “interested persons” in a probate and when do they cease to be interested persons?
In Wisconsin, the term “interested persons” in probate is defined by statute. It includes those with a legal or financial stake in the estate and is used to determine who must receive notices and who has standing to participate in the proceeding. The definition appears in Wis. Stat. § 851.21 and provides...
Wisconsin Estate Planning FAQ’s: Talking to Your Spouse about Estate Planning
Estate planning works best when you and your spouse or partner talk through goals before you meet with an attorney, even though the conversation can be challenging. You may view your legacy differently or have strong feelings about fairness among children, particularly in blended families, where probate and intestacy rules often treat...