Yes. In Wisconsin, a surviving spouse generally retains their own one‑half interest in marital property at the other spouse’s death. Wisconsin is a marital property state in which each spouse is generally considered to own an undivided 50% interest in marital assets during the marriage; that ownership structure does not change at...
Category: Spouse
Wisconsin Estate: In Wisconsin, are surviving spouses liable for the debts of a deceased spouse?
In Wisconsin, a surviving spouse is generally not personally liable for the debts of a deceased spouse; the debts belong to the estate, not to the surviving spouse individually. The deceased spouse’s creditors must present their claims against the estate, and payment is made from estate assets during probate under Wisconsin Statutes...
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...
Wisconsin Estate Planning: How do you protect biological heirs in a blended family in Wisconsin?
Protecting biological heirs in a Wisconsin blended family is less about “cutting out” a spouse and more about balancing two competing goals: providing for the surviving spouse and ensuring children from prior relationships ultimately receive their intended inheritance. Without careful planning, Wisconsin’s default rules and common estate tools can unintentionally favor one...
Wisconsin Estate Planning: What are estate planning issues that a blended family faces in Wisconsin?
Blended families in Wisconsin face some of the most complicated estate-planning challenges because the law does not automatically align with emotional expectations. When “yours, mine, and ours” families mix, the biggest issues usually involve who inherits what, when they inherit it, and who controls assets in the meantime.
Conflicts...
Citizenship and Estate Planning
Noncitizen spouses are treated differently than US citizen spouses for estate and gift tax purposes.[1]
They do not get the unlimited marital deduction. Married US citizen spouses can generally transfer unlimited amounts of money between each other during life or upon death in various qualifying ways without...
Disinheriting Someone in Your Estate Plan
Disinheritance—the intentional exclusion of a family member, usually a child or spouse, from receiving part of your estate after your death—is more common than you might think. It is also easier than you might think to disinherit a loved one, with a couple of notable exceptions. However, it is not as simple...
Estate Planning for Newlyweds
Getting married is a special time in your life; you may have a beautiful wedding, a fun reception (with a delicious cake and special gifts), and a romantic honeymoon. It is also the right time for you and your new spouse to plan for your future—for richer or for poorer, in sickness...
Qualified Domestic Trusts (QDOT’s) and Protecting a Noncitizen Spouse
Married couples love each other and want the best for each other. Establishing a comprehensive estate plan is one way to provide the best for each other. Not only does an estate plan protect you when you are unable to care for yourself during your lifetime, but it also protects your hard-earned...
What Is the Last Surviving Spouse Rule?
What Is the Last Surviving Spouse Rule?
Estate planning can be a significant part of successful financial management, especially for married couples. One key consideration is minimizing estate taxes, which can substantially affect the distribution of money and property to a married couple’s loved ones.