Wisconsin | Minnesota | Illinois | California 414-253-8500

Setting Up An Irrevocable Trust in Wisconsin

When planning for the future, considering how your assets will be handled is an important step. In Wisconsin, one way you can ensure your estate is handled according to your wishes is by setting up an irrevocable trust.

At Heritage Law Office, our experienced estate planning attorney in Wisconsin will review your needs and wants when planning your estate and provide an outline of your best options. Contact us online or at 414-253-8500 to schedule a free consultation today.

The Process of Setting Up an Irrevocable Trust in Wisconsin

Setting up an irrevocable trust can be complex, requiring an understanding of specific laws and procedures. It involves not only determining who will be the trust's beneficiaries but also transferring ownership of assets to the trust. With the guidance of a knowledgeable lawyer, the process can become less daunting.

Identify Your Trust's Purpose

Every trust is set up for a specific purpose, whether it's to minimize estate taxes, provide for a loved one with special needs, or protect assets from creditors. Identifying your purpose will guide the rest of the setup process.

Select the Right Type of Irrevocable Trust

There are many types of irrevocable trusts, including Charitable Remainder Trusts, Life Insurance Trusts, and Qualified Personal Residence Trusts. Each type of trust has its own benefits and drawbacks. An experienced attorney can help you choose the right type of trust for your situation.

Choose Your Trustee

The trustee is responsible for managing the trust according to your instructions. This could be a trusted friend, family member, or a professional trustee like a bank or trust company. The chosen trustee should be reliable, honest, and organized.

Identify Your Beneficiaries

Beneficiaries are the individuals or organizations that will eventually receive the trust assets. It's crucial to be clear about who these beneficiaries are and what they're entitled to receive.

Transfer Assets into the Trust

Transferring assets into the trust is a crucial step in the process. Depending on the type of assets, this may involve changing titles or deeds, or simply moving funds. It's important to remember that once an asset is transferred into an irrevocable trust, it typically cannot be removed.

Create and Sign the Trust Document

The trust document is a legal agreement that sets out the terms of the trust, including the trustee's responsibilities and the rights of the beneficiaries. Once the trust document is drafted to your satisfaction, it must be signed in the presence of a notary.

Store the Trust Document Safely

After the trust document is signed, it should be stored in a safe location. Your trustee and beneficiaries should know where it is stored and how to access it if necessary.

Wisconsin Irrevocable Trust Laws

Wisconsin has specific laws governing the creation and management of irrevocable trusts. Understanding these laws is crucial to ensuring the validity of the trust and its ability to achieve the intended purposes.

Tax Implications of Irrevocable Trusts

One important consideration when setting up an irrevocable trust in Wisconsin is the tax implications. Depending on the type of trust and the nature of the assets, there may be federal and state tax consequences.

Benefits of an Irrevocable Trust in Wisconsin

Setting up an irrevocable trust in Wisconsin offers several benefits. These include asset protection, potential tax benefits, and the assurance of your estate being handled according to your wishes.

Privacy and Asset Protection

One of the primary benefits of an irrevocable trust is the privacy it offers. Because the assets are no longer in your name, they are protected from creditors and legal judgments.

The Role of a Lawyer in Setting up an Irrevocable Trust in Wisconsin

Creating an irrevocable trust can involve numerous legal complexities. Having an experienced attorney from Heritage Law Office can provide peace of mind and ensure the process is done correctly.

The Importance of a Lawyer's Guidance

Creating an irrevocable trust involves a detailed understanding of the law. An attorney can help ensure all legal requirements are met, and the trust is set up in a way that best serves your interests.

Understanding the Types of Irrevocable Trusts in Wisconsin

There are different types of irrevocable trusts that you can establish, depending on your specific needs and circumstances. These include Life Insurance Trusts, Charitable Trusts, and Special Needs Trusts among others.

Life Insurance Trusts

Life Insurance Trusts can help minimize estate taxes and protect the policy benefits from creditors. Your lawyer can provide guidance on whether this type of trust would be suitable for your circumstances.

Charitable Trusts

Charitable Trusts can provide a way for you to contribute to charitable organizations while also benefiting from tax breaks. Your attorney can explain how a Charitable Trust could be integrated into your overall estate plan.

Special Needs Trusts

Special Needs Trusts can help provide for a disabled family member without affecting their eligibility for government assistance. Your attorney can guide you on setting up this type of trust, ensuring the well-being of your loved one.

Frequently Asked Questions (FAQs)

What is an Irrevocable Trust and How Can It Benefit Me?

An irrevocable trust is a legal arrangement that, once established, cannot be altered or canceled without the consent of the beneficiary. This type of trust can offer several benefits, including tax advantages, protection from creditors, and ensuring your wishes are followed after your death.

Why Do I Need a Lawyer to Set Up an Irrevocable Trust?

Setting up an irrevocable trust can be complex and requires a detailed understanding of the law. A lawyer can guide you through the process, ensure all legal requirements are met, and help you understand the implications of setting up the trust.

What Types of Irrevocable Trusts Can Be Set Up in Wisconsin?

There are several types of irrevocable trusts, including Life Insurance Trusts, Charitable Trusts, and Special Needs Trusts. The right type for you will depend on your specific needs and circumstances.

What Can I Expect When Setting Up an Irrevocable Trust with Heritage Law Office?

At Heritage Law Office, our experienced attorneys will take the time to understand your specific situation and goals. We will guide you through the entire process, answer your questions, and ensure the trust is set up correctly.

Contact a Heritage Law Office Lawyer in Wisconsin Today

If you're considering setting up an irrevocable trust in Wisconsin, contact our experienced lawyers at the Heritage Law Office. Use the online form or call us directly at 414-253-8500.

We look forward to serving you, wherever you are in Wisconsin. Whether it's in-person or through remote, phone, and online appointments, we're ready to help you secure your future.

Cities We Serve in Wisconsin

Our services extend throughout Wisconsin, including:

  • Milwaukee
  • Madison
  • Green Bay
  • Kenosha
  • Racine
  • Appleton
  • Waukesha
  • Oshkosh
  • Eau Claire
  • Janesville

We also offer remote, phone, and online appointments, allowing you to access our services wherever you are.

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.