Planning your estate is about protecting the people you care about and making important decisions before they become urgent. If you live in Milwaukee or elsewhere in Wisconsin, a thoughtful estate plan can explain who should receive your property, who can handle financial and medical decisions if you cannot, and how you want your family to be supported.
At Heritage Law Office, attorney Brad Sarkauskas helps Wisconsin clients consider wills, trusts, powers of attorney, health care directives, and related planning. Whether you are making your first plan or updating documents after a major life change, we can help you evaluate the options that fit your goals and circumstances.
Ready to discuss your situation? Call Heritage Law Office of Wisconsin or call 414-253-8500. Consultations are available by phone or video.
Estate Planning Services for Milwaukee and Wisconsin Families
No two families have identical priorities. Some clients want straightforward documents that identify beneficiaries and decision-makers. Others need to address a blended family, a family business, a loved one with disabilities, property in more than one state, or the possible costs of long-term care. We can review your existing arrangements and help you consider an appropriate combination of estate planning tools.
- Wills to express how you want property distributed through your estate and nominate a guardian for minor children, subject to court approval.
- Revocable Living Trusts to address management and distribution of trust assets during life and after death.
- Irrevocable Trusts for more specialized goals when the legal, tax, and practical trade-offs support using an irrevocable arrangement.
- Durable Powers of Attorney to designate someone to act on financial and property matters within the authority you grant.
- Advanced Directives to document treatment preferences and identify people who may make medical decisions for you.
- Special Needs Trusts for families who want to provide for a loved one with a disability while considering public-benefit eligibility rules.
- Tax Planning. and beneficiary-designation reviews where those issues matter to your estate.
- Planning for Probate to consider how assets will transfer and which arrangements might reduce unnecessary administration.
A will, a trust, and a beneficiary designation do different jobs. Selecting the right documents is only part of the work. The ownership of your home, investment accounts, retirement assets, and other property can affect what happens to those assets when you die.
When Should You Create or Update an Estate Plan?
It is worth reviewing your plan when you get married or divorced, have a child, buy a home, start or sell a business, receive an inheritance, experience a significant health change, or move to or from Wisconsin. Even if nothing major has changed, an older plan may no longer reflect your wishes, asset ownership, or family circumstances.
Common questions we discuss with Milwaukee-area clients include:
- Who should manage my finances if I become unable to do so?
- Who should make health care decisions for me, and how should my wishes be documented?
- How can I provide for a spouse, children, or other beneficiaries?
- Would a revocable living trust simplify administration of my assets?
- Do the titles and beneficiary designations on my accounts match my estate plan?
- What happens if someone in my family has special needs or may require long-term care?
These questions are often easier to address while everyone has time to make informed decisions. Contact Brad Sarkauskas about your estate planning needs.
Wills and Planning for Minor Children
A last will and testament can identify the person you want to serve as personal representative, state how probate assets should be distributed, and nominate a guardian for a minor child. The court remains responsible for any required appointments, and a will does not necessarily control property that passes by beneficiary designation, survivorship, or properly established trust ownership.
A well-coordinated plan looks beyond the will itself. We can discuss whether a trust, beneficiary designations, or other measures are appropriate for your family's circumstances. For parents of minor children, planning may also address who will manage assets inherited by a child and when those assets should become available.
Revocable and Irrevocable Trust Planning
Trusts can help organize the management and distribution of property. As explained in our article on Trusts have many benefits, the best approach depends on the kind of property, who owns it, and the result you want to achieve.
- Revocable living trusts: These commonly allow the creator to retain control during life and may help properly titled trust assets transfer without a separate probate process. A trust must be appropriately funded to accomplish that goal.
- Irrevocable trusts: These can serve particular family, tax, or long-term planning objectives but may require giving up control or access. They are not suitable for every situation.
- Trusts for beneficiaries: Some plans provide for distributions over time or through a trustee rather than passing everything to a beneficiary outright.
Trusts do not automatically eliminate taxes, protect property from creditors, avoid probate, or make someone eligible for Medicaid. Those outcomes depend on the type of trust, the terms, applicable law, and how assets are owned or transferred. Learn more about Trusts and the distinctions between available structures.
Special Needs and Long-Term Care Considerations
Families supporting someone with a disability may want to provide financial assistance without unintentionally affecting eligibility for needs-based public benefits. Properly designed Special Needs Trusts may be one part of that planning, but the result depends on the type of trust, funding, and program rules. We can help evaluate the legal considerations for your family.
Estate planning can also intersect with future care needs and Medicaid eligibility. Transferring a home or other assets, including transfers to a trust, can create serious consequences. A revocable trust is not a substitute for individualized long-term care or Medicaid planning, and no trust guarantees protection from nursing home costs.
Health Care Directives and Financial Powers of Attorney
A complete Wisconsin estate plan often includes documents that work during your lifetime, not just after death:
- Financial power of attorney: A power of attorney can authorize a trusted agent to take certain financial actions for you. Depending on its terms and applicable law, that authority may continue during incapacity; it generally ends at death.
- Health care power of attorney: This lets you name an agent to make health care decisions when the legal conditions for that authority have been met. It is separate from the financial power of attorney.
- Living will: Wisconsin's declaration to health care professionals, also called a living wills, records certain wishes regarding life-sustaining treatment. It is not the same document as a health care power of attorney.
Planning should also consider whether you want to name an alternate health care agent or Healthcare Representative and how the documents should fit together. The correct documents and execution requirements vary by state; this page focuses on Wisconsin estate planning.
What Happens When You Work With an Estate Planning Attorney?
Estate planning should begin with your goals, not a one-size-fits-all document package. During the process, we can discuss your family situation, assets, existing documents, beneficiaries, and the people you trust to act for you. We can then identify which issues warrant additional attention, such as probate exposure, incapacity planning, trust funding, or tax considerations.
Depending on the scope of the engagement, the work may include drafting coordinated documents, explaining how they operate, and discussing follow-up steps for property titles or beneficiary designations. Fees and the appropriate scope of work depend on your needs; we can discuss those questions as part of arranging legal assistance.
Heritage Law Office serves Wisconsin clients, including those in the Milwaukee area, and offers convenient consultations by phone and video. You can get started without assuming that every estate plan needs a complicated trust.
Milwaukee Estate Planning: Frequently Asked Questions
Do I need an estate plan if I do not have substantial assets?
Yes, there may be good reasons to plan even with a modest estate. Financial and health care powers of attorney, a will, and clear beneficiary designations can be important regardless of wealth. Your family circumstances and goals determine which documents make sense.
If I have a living trust, do I still need a will?
Many people who use revocable living trusts also have a will to address property that was not transferred to the trust and other matters the trust does not cover. Whether probate will be necessary depends on the assets and how they are owned at death.
Will creating a trust automatically avoid probate in Wisconsin?
No. A properly created and funded trust may help certain assets avoid probate, but assets held outside the trust could still require administration. Joint ownership and beneficiary designations can also affect the outcome.
Can I create a will or power of attorney myself?
Wisconsin offers statutory forms for certain planning documents. Whether a form is appropriate depends on your goals and circumstances. Errors in execution or uncoordinated documents may create problems, so legal guidance can be valuable where the situation is complex or the consequences are significant.
Can an estate plan reduce taxes or protect assets from creditors?
Some strategies can address particular tax or asset-protection issues, but results are never automatic. Revocable trusts generally should not be treated as a way to shield the creator's property from creditors or guarantee tax savings. A lawyer can evaluate your circumstances before recommending more specialized arrangements.
What should I have ready for an estate planning consultation?
A list of important assets and debts, current wills or trusts, existing powers of attorney, beneficiary designations, and a summary of your family circumstances can help start the discussion. You do not need to have every document organized before requesting a consultation.
Can we meet remotely if I live in Milwaukee or elsewhere in Wisconsin?
Yes. Heritage Law Office offers consultations by phone and video. Requirements for signing and completing legal documents can differ depending on the document and circumstances; we can discuss the process for your situation.
Request a Milwaukee Estate Planning Consultation
Whether you need your first will, want to understand revocable or irrevocable trusts, or need to update an existing plan, Heritage Law Office can help you consider your options. Speak with attorney Brad Sarkauskas about the estate planning concerns that matter to your family.
Call 414-253-8500 or request a consultation online. Consultations are available by phone or video for Wisconsin clients.
This page provides general information, not legal advice for any particular person. Reviewing a website or submitting an inquiry does not establish an attorney-client relationship.