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...
Category: Intestacy
Wisconsin Estate Planning: What do Wisconsin intestacy laws say about how my assets will pass at my death?
In Wisconsin, intestacy rules apply to assets you own in your name alone at death that don’t have a built‑in transfer mechanism. By contrast, beneficiary‑designated assets (like life insurance and retirement accounts) and many TOD/POD accounts pass directly to the named beneficiary, and joint property with a right of survivorship passes to...
Wisconsin Probate: What do Wisconsin Intestacy Laws say About How my Assets will Pass at my Death?
In Wisconsin, intestacy rules apply to assets you own in your name alone at death that don’t have a built‑in transfer mechanism. By contrast, beneficiary‑designated assets (like life insurance and retirement accounts) and many TOD/POD accounts pass directly to the named beneficiary, and joint property with a right of survivorship passes to...
Wills, Trusts, and Dying Intestate: How They Differ in Madison, WI
Most people understand that having an estate plan benefits them and their loved ones. However, many individuals do not initiate the estate planning process because they do not fully understand the nuances of foundational estate planning tools such as a will and a trust and the full implications of dying without either...
Demystifying Probate and the Executor’s Role
When creating a last will and testament (commonly known as a will), one of your most important considerations is who to choose to serve as the executor (also called a personal representative) of your estate.
As the name implies, the role of the executor is to execute the instructions...
Avoiding Intestacy
About two out of three Americans will die without a will. This is known as dying intestate.
While the reasons for not having a will vary, the end result is the same for everyone: they do not get to choose who receives their property when they die. Instead, their...
If You Die Without a Will, Does Your Spouse Inherit Your Entire Estate?
If you are married and you die without a Last Will and Testament, you may mistakenly believe that your spouse will still inherit your entire estate. Not so fast. Who will inherit your estate depends on several different factors:
1. How is your property titled? Is your property titled in your name alone, in...