Who would manage your estate, care for your children, and receive the property you have worked to build? A will lets you make those decisions for yourself. It can name beneficiaries, nominate a guardian, establish trusts, and place someone you trust in charge of administering your estate.
Nennig Law Offices, LLC helps clients throughout Madison and Southern Wisconsin create and update wills that reflect their families, property, and priorities. We will help you put clear, legally valid instructions in place and coordinate your will with the rest of your estate plan.
Why Choose Nennig Law Offices, LLC to Prepare Your Will?
A will should reflect your circumstances, rather than rely on language taken from a generic form. Clients turn to our firm because we offer:
- Customized recommendations based on your family, finances, and goals
- Guidance informed by attorney Bob Nennig’s background in law and accounting
- Coordination among wills, trusts, powers of attorney, and beneficiary designations
- Planning for minor children, blended families, beneficiaries with disabilities, and pets
- Upfront information about legal fees before work begins
- Flexible scheduling, including home, hospital, assisted-care, and nursing-home consultations when appropriate
We explain each decision in plain language so you understand how your will fits into your overall estate plan.
What Can a Will Do in Wisconsin?
Your will provides instructions for property that becomes part of your probate estate. It can name the individuals or organizations that should inherit that property and nominate a personal representative to administer your estate.
Parents can use a will to nominate a guardian and a backup guardian for their minor children. This nomination does not override the rights of a surviving parent, and the court must consider the child’s best interests. However, it gives the court clear evidence of whom you trusted to care for your children.
A will can also state how debts, taxes, and estate expenses should be handled. You may include funeral or burial preferences, but you should communicate those wishes separately because your will may not be reviewed until after arrangements have begun.
Should Your Will Create a Trust?
A will can establish a trust that takes effect after your death, known as a testamentary trust. Parents may use this type of trust so a trustee can manage a child’s inheritance until the child reaches a chosen age, rather than allowing the child to receive everything at 18.
A testamentary trust may also be useful when a beneficiary has a disability, needs assistance managing money, or should receive an inheritance over time. It can also address the competing needs of a spouse and children from a prior relationship.
We will review your family situation and explain whether a trust within your will fits your goals or whether a living trust would provide a better structure.
What Makes a Will Valid in Wisconsin?
In Wisconsin, you generally must be at least 18 and of sound mind to make a will. The document must be in writing and signed by you, or by someone acting at your direction and in your conscious presence. At least two witnesses must also sign as required by state law.
A handwritten will must follow the same execution requirements. Although a self-proving affidavit is optional, it can make proper execution easier to establish during probate. We oversee the signing process to help prevent avoidable delays and disputes.
What Happens If You Die Without a Will in Wisconsin?
If you die without a valid will, Wisconsin’s intestacy laws determine which relatives inherit your probate property. Those rules may exclude friends, unmarried partners, stepchildren, charities, and others whom you would have chosen.
The court may also appoint a personal representative without knowing whom you would have trusted. If no surviving parent can care for your minor children, the court will select a guardian without the benefit of your written nomination.
Does a Will Avoid Probate?
A will does not avoid probate. It tells the probate court how you want probate property distributed and whom you nominate to manage the estate.
Some assets pass outside a will, including property held in certain trusts, jointly owned property with survivorship rights, and accounts with valid beneficiary designations. We review how your assets are owned so your will, trust documents, and beneficiary designations support the same plan.
When Should You Update Your Will?
Review your will after a marriage, divorce, birth, adoption, death, move to another state, or substantial change in your property. You may also need an update if your preferred guardian, personal representative, trustee, or beneficiary can no longer serve in that role.
Even without a major life event, a periodic review can identify outdated instructions and beneficiary designations.
Create a Will That Reflects Your Wishes
A properly prepared will gives your family clear instructions and places trusted people in important roles. Whether you are creating your first will or replacing an outdated document, Nennig Law Offices, LLC will help you develop a plan suited to your needs.
Contact our office to schedule a consultation with a Wisconsin wills attorney.
Frequently Asked Questions About Wisconsin Wills
What is the difference between a will and a living trust?
A will takes effect at death and directs the distribution of probate property. A living trust can hold and manage property during your lifetime, and assets properly transferred to it may pass without probate. Many estate plans use both.
Can I change my will after signing it?
Yes. You can execute an amendment called a codicil or replace the will with a new one. The new document must satisfy the applicable signing requirements.
Where should I keep my original will?
Keep it in a secure location that your personal representative can access. Tell that person where the original is stored, and avoid placing it somewhere your family may be unable to enter after your death.