If you are looking for an attorney near you to help with estate planning and wills in Wisconsin, Heritage Law Office is here to help. Our experienced attorneys can help you navigate the complex legal requirements for estate planning, wills, trusts, and more.
Understanding Estate Planning
Estate planning is the process of preparing for the transfer of an individual's assets after their death. This includes creating a will, establishing a trust, and making plans for power of attorney, health care decisions, and more.
Estate planning can be a complicated process, with many legal requirements to consider. Our experienced attorneys at Heritage Law Office can help you navigate the process and ensure that your assets are distributed according to your wishes.
Creating a Will
One of the most important components of estate planning is creating a will. A will is a legal document that outlines your wishes for the distribution of your assets after your death. It is essential to have a will in place to ensure that your assets are distributed according to your wishes and to avoid disputes among family members.
Our attorneys can help you create a will that meets all legal requirements and outlines your specific wishes for the distribution of your assets. We can also assist with updating an existing will to reflect changes in your life circumstances.
Trusts and Other Estate Planning Tools
In addition to wills, there are many other estate planning tools that can help ensure that your assets are distributed according to your wishes. These include trusts, which can be used to provide for minor children, protect assets from creditors, and more.
Our attorneys can help you evaluate your estate planning needs and determine which tools are right for your situation. We can help you establish trusts, create powers of attorney, and more.
Understanding the Probate Process in Wisconsin
Probate is the legal process of administering a deceased person's estate. In Wisconsin, probate proceedings are typically handled by the circuit court in the county where the deceased person lived.
What Happens During Probate?
During probate, the court will appoint a personal representative to manage the deceased person's estate. The personal representative will be responsible for gathering and valuing the deceased person's assets, paying debts and taxes, and distributing any remaining assets to the heirs.
If the deceased person had a will, the court will generally follow the instructions outlined in the will. If there is no will, the court will distribute the assets according to Wisconsin's intestacy laws.
Probate can be a lengthy and complex process, with many legal requirements to consider. Our experienced attorneys at Heritage Law Office can help you navigate the probate process and ensure that your loved one's estate is handled properly.
Avoiding Probate
There are some estate planning tools that can help you avoid probate. For example, creating a living trust can allow your assets to pass directly to your beneficiaries without going through probate. Additionally, making gifts to your loved ones during your lifetime can help reduce the size of your estate and potentially avoid probate.
Our attorneys can help you evaluate your estate planning needs and determine which tools are right for your situation. We can help you establish trusts, create powers of attorney, and more.
Contact an Experienced Attorney at Heritage Law Office
If you are in need of an attorney near you for estate planning and wills in Wisconsin, Heritage Law Office is here to help. Our experienced attorneys can provide you with the guidance and support you need to navigate the complex legal requirements of estate planning.
Contact us today to schedule a free consultation and learn more about our services. You can reach us online or by calling 414-253-8500.
Cities We Serve
We offer our services to clients throughout Wisconsin, including in the following cities:
- Milwaukee
- Madison
- Green Bay
- Kenosha
- Racine
- Appleton
- Waukesha
- Oshkosh
- Eau Claire
- Janesville
- Mequon
- Elm Grove
- Fox Point
- Bayside
- Shorewood
- Whitefish Bay
- Fitchburg
- Brookfield
- Waunakee
- Cedarburg
We also offer remote, phone, and online appointments, so you can receive our services no matter where you are located. Contact us today to learn more about how we can help you with estate planning and wills in Wisconsin.
Frequently Asked Questions (FAQs)
1. Do I need a lawyer to create a will in Wisconsin?
While it's not mandatory to have a lawyer to create a will in Wisconsin, it's generally recommended to consult with one, especially if your estate is large or your will is complex. Legal advice can ensure that your will is valid and accurately reflects your wishes.
2. What are the requirements for a will to be valid in Wisconsin?
Under Wisconsin law, a valid will must be in writing and signed by the testator (the person making the will) and two witnesses. The testator must be at least 18 years old and of sound mind. It's important to know that witnesses should not be beneficiaries in the will, as this could lead to conflicts of interest or potential legal disputes.
3. Can I disinherit a family member in my will in Wisconsin?
Yes, you can generally disinherit a family member in your will in Wisconsin. However, there are exceptions. For instance, Wisconsin law provides certain protections for surviving spouses and minor children. A surviving spouse has the right to claim a portion of the estate even if the will states otherwise.
4. How can I change or revoke my will in Wisconsin?
A will can be changed or revoked in Wisconsin by creating a new will that states it revokes the previous wills or by physically destroying the will with the intent to revoke it. Changes can also be made by creating a codicil, which is a document that amends the original will. It's advised to seek legal counsel to ensure changes or revocations are done correctly.
5. What happens if I die without a will in Wisconsin?
If you die without a will in Wisconsin, your estate will be distributed according to the state's intestacy laws. Typically, your spouse and children are the first in line to inherit your assets. If you don't have a spouse or children, your estate may go to your parents, siblings, or other relatives. If no relatives can be found, the state may ultimately receive your assets.