Wisconsin Will Lawyers

The Purpose and Importance of Wills in Wisconsin

A will—formally called a last will and testament—is a legal document that allows you to specify how your property will be distributed after your death, appoint guardians for minor children, and name a personal representative (executor) to manage your estate. In Wisconsin, if you die without a will, state intestacy laws determine how your assets are distributed. These laws may not reflect your wishes and could lead to unintended beneficiaries receiving your property. By drafting a will, you maintain control over your legacy and provide guidance to your loved ones.

A will can identify beneficiaries for specific property, such as real estate, personal belongings, or family heirlooms. It can include instructions for personal items with sentimental value, such as jewelry or art collections. You can also direct charitable donations, establish trusts for children or dependents, and explain how debts and taxes should be paid. Perhaps most importantly for parents, a will allows you to name a guardian for minor children, ensuring that they are cared for by someone you trust rather than leaving the decision to a court. Without a will, a judge decides who manages your estate and who cares for your children, which may not align with your preferences.

Drafting a will doesn’t have to be complicated, but it must comply with Wisconsin law to be valid. This includes specific requirements for signatures and witnesses. A will can also specify your funeral wishes, though it is often better to address funeral arrangements in a separate authorization for final disposition. A well‑crafted will reduces conflict among family members, streamlines the probate process, and ensures your estate is distributed efficiently according to your wishes.

Who Needs a Will and When Should You Create One?

Everyone over the age of 18 who owns property or has family responsibilities should consider creating a will. If you’re married, have children, own a home, or have financial accounts, a will ensures that your assets go to the people you choose. Parents of minor children need to have a will, as it allows them to designate guardians. Business owners can use a will to outline succession plans and protect employees and clients. If you’re single, a will lets you determine how your assets are distributed among siblings, parents, nieces, nephews, or charities.

You should create a will as soon as you acquire significant assets or responsibilities. Life events—such as marriage, the birth of a child, divorce, or purchasing real estate—are good times to draft or revisit a will. Even if you have a modest estate, having a will prevents confusion and ensures that your wishes are clear. As you age, updating your will is important to reflect changes in your assets or family situation. For example, if you have another child, if your children reach adulthood, or if your relationships change, your will should be updated accordingly.

Waiting too long to make a will can leave your family vulnerable and can lead to legal disputes. If you die without a valid will, your estate may go through a lengthy probate process, and property may be divided based on state law rather than your intentions. To avoid this, meet with an attorney early and keep your will current. An updated will also ensure that your personal representative has clear instructions, which makes administering your estate easier.

What Should You Include in Your Will?

A comprehensive will should address key details about your estate and your wishes. First, name a personal representative (executor) who will be responsible for carrying out your instructions. This person should be trustworthy and organized, and willing to handle tasks like paying debts, filing taxes, and distributing assets. You may also name a successor executor in case your first choice cannot serve. Next, specify how your assets should be distributed. You can list specific bequests—such as leaving a piece of artwork to a sibling—and outline how the remainder of your estate should be divided. If you own property in multiple states, your will should clarify how each property is treated under state laws.

For parents of minor children, your will should name a guardian. This person will raise your children if you and their other parent both pass away. Consider naming an alternate guardian as well. You can also establish testamentary trusts within your will to manage assets for children or other beneficiaries who may be too young or inexperienced to handle an inheritance. A testamentary trust appoints a trustee who oversees distributions according to the terms you set.

You might also include instructions about how your debts and taxes should be paid, specify charitable donations, and address how digital assets (such as online accounts and digital currency) should be handled. Because a will becomes public record when it is filed with the court, sensitive information—like account numbers or passwords—should be kept out of the will but referenced in a separate document. Consult with a lawyer to ensure that your will complies with Wisconsin law and addresses all necessary details.

How Does a Will Fit with Other Estate Planning Tools?

A will is a fundamental estate planning tool, but it’s not the only one you may need. Wills go through probate, a court-supervised process that validates the will, pays debts and taxes, and distributes assets. Probate can be time-consuming and public, but for many estates, it is necessary. Some assets, however, can pass outside of probate. Beneficiary designations on life insurance policies, retirement accounts, and payable-on-death bank accounts transfer directly to the named beneficiaries. 

Trusts—such as revocable living trusts—can hold assets outside of probate and provide greater control over how and when beneficiaries receive property.

A will can work in tandem with a trust. For example, if you have a trust, your will can include a “pour-over” clause that transfers any remaining assets into the trust at your death. Durable powers of attorney and healthcare directives are also critical. A durable financial power of attorney names someone to handle your finances if you become incapacitated, while a healthcare power of attorney designates someone to make medical decisions. These documents protect you during your lifetime, whereas a will takes effect after death.

Your estate plan may also include a transfer on death deed for real estate, a marital property agreement for married couples, or an authorization for final disposition. Each document serves a specific purpose. Your will ensures that property not otherwise designated is distributed according to your instructions. A comprehensive plan coordinates these documents so that there is no conflict between them and your wishes are fulfilled.

Trust Our Will Lawyer in Wisconsin to Draft or Update Your Testament

Drafting a will with the guidance of an experienced attorney ensures that it meets legal requirements and reflects your wishes. A Wisconsin wills lawyer will help you identify assets that should be addressed in your will, ensure your beneficiaries and guardian designations are clear, and help you consider contingencies—such as what happens if a beneficiary predeceases you. They’ll ensure that your will is properly signed and witnessed, which is essential for its validity.

If you already have a will, an attorney can review it to see if it needs updating. Laws change, as do personal circumstances. You might need to adjust the distribution of assets, change your executor or guardian, or incorporate new estate planning tools. A will lawyer can also advise on potential tax implications and help you integrate trusts or beneficiary designations. By working with a professional, you avoid common mistakes—like leaving assets to a minor without naming a trustee—and reduce the likelihood of your will being contested.

At HKK Law Offices, our will attorneys focus on creating wills that are clear, comprehensive, and tailored to your family’s needs. We take the time to listen to your goals, explain your options, and ensure that your will aligns with your overall estate plan. We also provide guidance on how frequently you should review and update your will to keep it current with your life changes and legal requirements.

Are You Ready to Create Your Will with HKK Law Offices?

Planning for the future is a gift to your family. By creating a will, you provide clear instructions for managing and distributing your property, caring for your loved ones, and avoiding leaving legal decisions to the courts. At HKK Law Offices, we are committed to guiding you through the process with compassion and expertise. We’ll help you think through your assets, identify your priorities, and craft a will that meets your goals.

If you haven’t yet created a will or if it’s been years since you updated yours, now is the time to act. Contact HKK Law Offices for a complimentary consultation. We’ll answer your questions, explain the steps involved, and help you take control of your legacy. Call us at (920) 635‑2992 to schedule your free appointment. Creating a will today ensures that your wishes are honored and that your loved ones are cared for when you’re no longer able to do so.