Will Writing Service in Wisconsin

This is the place to start if you live in Wisconsin and are considering making a will. Below is an overview of what a will could accomplish for you, which Wisconsin laws apply when you form a will, and how the process works. Your Wisconsin last will and testament enables you to distribute funds, personal property, and real estate.

How much does it cost to write a will in Wisconsin

In Wisconsin, drafting a will costs anything from $200 to $1500. This depends on the approach you choose to take. Some of these approaches include;

a)     Use of online will-maker.

Legalpen is an online platform that offers legal guidance and Will-writing services for clients. The platform charges $150 for basic services and increases based on specific services. Legalpen’s documents are legally enforceable in all 50 US states, making it an affordable and convenient way to create a legally enforceable Will.

b)     Write your will by hand.

Holographic Wills, often considered the most cost-effective and straightforward option, are often deemed illegal by estate attorneys due to potential mistakes or ambiguous intentions and are not universally accepted in all states.

c)     Do-it-yourself kits.

DIY Will kits, priced between $15-$50, can be purchased online but are often simple and difficult to change, similar to blank Will forms downloaded from the internet. Handwritten Will kits can cause similar issues.

d)     Hire an estate attorney.

Hiring a lawyer for will drafts is often the most expensive option, but it offers advantages like legal expertise and competence. The cost depends on various factors, including:

1. Costs vary based on the location and complexity of the estate.
2. Business owners, those with large assets, or difficult familial ties may incur longer estate planning sessions.
3. Flat fees range from $300 to $1,000, depending on estate amount.
4. Hourly rates range from $100 to $400, unpredictable and influenced by experience and location.

Can I write a will without a lawyer in Wisconsin?

Yes, you can draft your own will without employing a lawyer. According to the Sixth Amendment, Americans have the right to represent themselves, which includes writing their own wills legally.

Is It Legal to Write Your Own Will in Wisconsin?

Yes, Wisconsin allows individuals to create their own will without hiring an attorney, especially for those with minimal estate and clear goals. This process can easily be modified during significant life changes like childbirth, beneficiary death, or divorce, as one can revoke a previous Will and create a new one.

Does a Will in Wisconsin need to be notarized?

No, in Wisconsin, a will does not need to be notarized for legitimacy, but it can be made “self-proving” by going to a notary and signing an affidavit stating the identity and awareness of signing. This allows the court to accept the will without contacting the witnesses, speeding up probate.

Do I Need a Lawyer to Make a Will in Wisconsin?

No, in Wisconsin, making a will doesn’t require a lawyer. You can use online platforms, DIY kits, or handwrite your own Will. In the event your Will is challenged or has complex goals, consulting a lawyer may be necessary.

Do I Need a Lawyer to File a Will in Wisconsin?

No, in Wisconsin you are not legally required to hire a lawyer to file a will. However, one may need a lawyer to aid with legal guidance due to how complex the probate process may be.

Are Online Wills Legal in Wisconsin? 

Yes, online wills are legal in Wisconsin as long as they meet the state’s legal requirement for wills. These legal requirements are provided for under Wisconsin Statutes § 853.01 which outlines that for a will to be valid it must be in writing, signed by the testator and the signing must be witnessed by two individuals present at the time.

How to Include Digital Assets in a Wisconsin Will

As our lives become more online, the value of digital assets, including family pictures, financial records, and digital imprints, increases. Properly handling digital assets in an estate plan ensures their access and management, ensuring loved ones can manage them as intended.

1. Make a detailed list of digital assets, including usernames, passwords, and security questions.
2. Select a reputable digital executor with technical knowledge for post-death management.
3. Authorize digital executor to manage and distribute digital assets, consulting estate planning attorney.
4. Set clear guidelines for handling digital assets, including commemorating and deleting profiles.
5. Regularly review and update estate plans to ensure correctness and up-to-date.

How to Disinherit Someone in a Wisconsin Will

Disinheriting is a legal process that prevents someone from receiving your property. It can be done by leaving them out of the will, leaving them with a small amount of money or property, or by donating the entire inheritance to charity without making any provisions for family members. 

How to Handle Debts and Liabilities in a Wisconsin Will

Wisconsin law governs the perception of debt and liabilities in estate planning and probate, with key points regarding these aspects being outlined below;

1. The deceased’s estate must settle outstanding debts before division among beneficiaries.
2. Priority claims, like funerary costs, are outlined in Wisconsin Statutes § 859.01.
3. The executor must identify and pay valid claims against the estate.
4. Claims must be filed within 4 months of the first creditors’ notice.
5. Beneficiaries aren’t liable for estate debts, while creditors can only be compensated from the estate’s assets. 

How to Provide for Minor Children in a Wisconsin Will

A probate Will appoint a guardian to raise a child, but the court governs the inheritance until the child reaches legal age (18-21) years. Parents typically prefer later inheritance, but with a simple will, the court must give the full estate in one lump payment once the child reaches majority.

How to Store Your Wisconsin Will Safely

Place your will in a secure location, such as a safe deposit box or the county’s probate register. Ensure your personal representative knows your Will’s location and provides a copy, especially if you include funeral preferences. This will allow them to fulfill your wishes.

How to Contest a Will in Wisconsin

An attorney can help contest a will in probate court, as the state’s statute of limitations typically runs when the testator dies. However, many will have no-contest clauses, known as “in terrorem,” which deprive a beneficiary of their claim if they file a challenge and lose their claim in court. Testators often use these provisions to dissuade challenges.

What Are No-Contest Clauses in Wisconsin Wills?

A “no-contest clause” in a will or trust penalizes a beneficiary who questions the decedent’s estate plan, often leading to disinheritance. The fear of losing all or a portion of an inheritance often discourages beneficiaries from contesting a Will or trust with a “no-contest clause”.

What is the difference between probate in Wisconsin and Colorado?

Probate laws can significantly vary between states, which includes Wisconsin and Colorado. Here are the main differences regarding the probate process between Wisconsin and Colorado;

1. Wisconsin streamlines will-writing, allowing for informal probate processes, while Colorado’s probate process is more formal, especially for larger estates, and may require more court oversight.
2. The Wisconsin will-writing process is fast due to informal procedures but may vary depending on estate complexity, while Colorado’s process can be longer for larger estates requiring more court involvement.
3.  In Wisconsin and Colorado, non-residents can serve as executors but must be appointed by the court and may need to appoint a local agent for service of process.
4. Wisconsin and Colorado both have homestead exemptions in the will-writing process, protecting a portion of a primary residence’s value from creditors during probate, but with varying amounts and protections.
5. Wisconsin and Colorado both have homestead exemptions, protecting a portion of a primary residence’s value from creditors during probate, but with varying amounts and protections.
6.  Wisconsin’s informal will-writing process may result in lower fees for smaller estates, while Colorado’s probate process may incur higher court fees and costs.

How to Handle Foreign Property in a Wisconsin Will

Handling foreign property in Wisconsin will involve several important considerations that ensure that the property is properly addressed and the wishes of the testator are respected and fulfilled. The following are key steps to consider;

1. Identify all foreign property owned by the testator, including real estate, bank accounts, investments, and personal property.
2. Understand the laws of the property’s location for its transfer upon death.
3. Define the distribution of foreign property, including specific bequests, inheritance responsibilities, and management conditions.
4.  Understand the tax implications of U.S. estate tax on foreign property.
5.  Consult with an attorney specializing in estate planning and international law for proper Will address. 

How to Make a Will for Same-Sex Couples in Wisconsin

Creating a Will for same-sex couples in Wisconsin involves a number of important steps. These are the following key points to consider when writing a will for same-sex couples in Wisconsin; 

1.  Same-sex couples in Wisconsin should consult an expert attorney to understand their state’s specific estate planning rules and restrictions, as some states may have additional regulations.
2.   A well-drafted Will is crucial for estate strategy, especially for same-sex couples in Wisconsin. Trusts provide additional safety and control by appointing a trustee to manage assets.
3. Same-sex couples in Wisconsin should establish a durable power of attorney and health care directive during Will writing to ensure trusted decision-making in case of incapacity.
4.  Same-sex couples in Wisconsin should update beneficiary designations on bank accounts and life insurance policies and review asset titling during Will writing to prevent unforeseen outcomes post-divorce.
5. Wisconsin couples can use the unlimited marital deduction to transfer assets without federal estate or gift taxes during will writing, but they should consult an attorney for tax preparation.

How to Plan for Pet Care in Your Wisconsin Will

Wisconsin law allows pet owners to establish a pet trust to ensure their animals’ care in the event of their owner’s death. The owner can choose a trustee and designate whether they will care for the animals. The trustee must use the trust assets for the original purpose and can donate any remaining assets to charities or other individuals after the pet’s death.

How to Handle Business Succession in a Wisconsin Will

Business succession planning is a proactive process for a smooth transition of ownership and leadership in a company, aiming to transfer the business to a family member or another organization while maintaining its worth and minimizing tax implications.

1. Identifying legal structure: Corporation, sole proprietorship, partnerships, LLC.
2. Choosing successor: Family member, business partner, trusted employee.
3. Outlining succession plans: Identifying who inherits and defining transfer conditions.
4. Creating buy-sell agreement: Specifying how a partner’s share Will be managed post-death.
5.  Including provisions: Managing business debts and liabilities to protect successors from unexpected financial burdens.

How to Handle Out-of-State Property in a Wisconsin Will

Handling out of state property in Wisconsin will require careful planning to ensure that the wishes of the testator regarding the distribution of property are honored. Here are steps to effectively manage out-of-state property;

 Identify all properties outside of Wisconsin, including real estate, vacation homes, and rental properties.

1. Consult a legal attorney familiar with Wisconsin and the state’s laws.
2. Specify in Wisconsin how out-of-state property should be distributed, including specific bequests and beneficiaries.
3. Consider creating a separate Will for out of state property if specific state laws require it.
4.  Understand that out-of-state property may need probate, which may differ by state. 

What is the difference between Holographic Wills and Statutory Wills in Wisconsin?

The difference between a handwritten Will or a holographic Will and a statutory Will is that a holographic Will, written in a testator’s handwriting and signed without a witness, is only valid in Wisconsin if executed in another state and meets state requirements. A statutory Will, on the other hand, is made using a state-provided form and meets legal conditions, such as being signed in front of two witnesses and adhering to the approved structure.