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Revocable Trusts Lawyer in Wisconsin

Revocable trusts Lawyer in Wisconsin

Revocable trusts, which are sometimes referred to as revocable living trusts, offer many benefits with the primary one being the ability to control your assets during your lifetime. Of course, the other main benefit is the ability to dissolve the trust if and when necessary. There are, of course, other advantages as well as some disadvantages that you should consider.

At Heritage Law Office, we want you to make the best decisions about your assets and estate planning. During a free consultation, our revocable trust lawyer will listen to your wants and expectations and will advise you accordingly. Contact us either online or at 414-253-8500 to learn more about the opportunities trusts can offer you.

Understanding Revocable Trusts in Wisconsin

A revocable trust is a trust that allows the trustor to change its terms, or even revoke it in full, while the trustor is alive. Once the trustor passes away, the trust is distributed by a trustee according to its terms. It is a way for a person to manage and control their assets while they are living and have those assets pass to their loved ones when they die.  

The types of assets that can be transferred to a trust include but are not limited to:

  • Real property (e.g., homes, farms, vacation homes)
  • Deposit accounts
  • Investments (e.g., stocks, bonds, money market accounts)
  • Business interests
  • Collectables, art, antiques
  • Life insurance policies

Pros of Wisconsin Revocable Trusts

There are distinct advantages to using a revocable trust as an estate planning tool, including:

Probate Avoidance

The ability to avoid probate is the main reason people consider placing assets in a revocable trust. Probate is the process where a decedent's estate is administered through the court system. It can be a tedious and time-consuming procedure. Assets placed in a revocable trust typically do not have to go through this court-supervised process. 


While there are other types of trusts, the revocable trust remains a popular choice due to its flexibility. The creator of the trust is able to make changes to the trust up until the time of their death. 

Incapacity Protection

A trust provides protection in case of testator incapacity. In other words, if the person that creates the trust later becomes incapacitated (develops dementia, for example), a new or successor trustee can take over the management of the trust. They will also be required to administer the trust according to its terms.


If maintaining privacy over your assets is important to you, a revocable trust is an option worth considering. Assets placed in the trust are administered to beneficiaries privately, unlike assets administered through the probate process, which is public.

Cons of Wisconsin Revocable Trusts

There are some disadvantages to revocable trusts, including:

Time and Money

Going through the process of setting up a revocable trust can take significantly more time and money than simply executing a Will. It requires that the trust be funded by changing deeds, titles, and other documents to transfer into the fund.  

Lack of Asset Protection

Some trust types shield assets from the reach of creditors and judgments. A revocable trust, however, does not provide this protection, and assets are still within the reach of creditors. 

Terminating a Revocable Trust in Wisconsin

The good news, and the reason most people choose to use a revocable trust, is that the trustor retains the right to terminate it when they choose to do so. The steps you need to take to terminate the trust vary by jurisdiction and the terms of the trust. 

Typically, you will need to execute a trust revocation document and “defund” the trust, which means removing the assets placed into it. This may involve re-issuing titles, deeds, and other documents out of the name of the trust. 

Contact a Revocable Trust Lawyer in Wisconsin

A revocable trust can offer many benefits. They can be used as a way to protect your assets and help family members or other individuals or organizations for which you care a lot. To find out if a revocable trust is right for you, and if so, which type of revocable trust best aligns with your interests, contact our estate planning attorney by using the online form or calling us directly at 414-253-8500 to schedule a free consultation. We will listen to what your wishes and concerns are and develop a customized estate plan that works for you. 

Frequently Asked Questions about Revocable Trusts in Wisconsin

Frequently Asked Questions (FAQs)

1. What is a Revocable Trust?

A revocable trust, also known as a revocable living trust, is a type of trust that allows the trustor (the person who creates the trust) to modify its terms or revoke it entirely during their lifetime. It's a tool used for managing and controlling assets while the trustor is alive, and transferring these assets to beneficiaries after the trustor's death.

2. What are the benefits of a Revocable Trust in Wisconsin?

There are several advantages to using a revocable trust in Wisconsin. These include probate avoidance, which can save time and hassle as assets in the trust typically don't need to go through the court-supervised probate process. Revocable trusts also offer flexibility as the trustor can make changes until they pass away. Incapacity protection is another benefit, allowing a new or successor trustee to manage the trust if the trustor becomes incapacitated. Finally, a revocable trust can help maintain privacy over assets, as distributions to beneficiaries occur privately.

3. What are the drawbacks of a Revocable Trust in Wisconsin?

Despite their benefits, revocable trusts also have a few downsides. One of these is the time and money involved in setting up the trust, as it requires transferring assets into the trust by changing deeds, titles, and other documents. Additionally, a revocable trust does not offer asset protection, meaning that the assets within the trust can be reached by creditors.

4. What types of assets can be transferred into a Revocable Trust?

A wide variety of assets can be transferred into a revocable trust. This includes real property such as homes and farms, deposit accounts, investments like stocks and bonds, business interests, collectables, art, antiques, and even life insurance policies.

5. How can a Revocable Trust be terminated in Wisconsin?

The process to terminate a revocable trust varies by jurisdiction and the terms of the trust. Usually, the trustor would need to execute a trust revocation document and defund the trust, which involves removing all assets from it. This process may require re-issuing titles, deeds, and other documents out of the name of the trust.

Contact Us Today

For a comprehensive plan that will meet your needs or the needs of a loved one, contact us today. Located in Downtown Milwaukee, we serve Milwaukee County, surrounding communities, and to clients across Wisconsin, Minnesota, Illinois, and California.