Wisconsin Will Creation & Execution

The Process For Writing A Will In Wisconsin

1. Meet with an estate planning attorney. 
   

   Discuss your goals and family structure. 

2. Designate as the executor of your estate.

   Choose a trusted backup/secondary option if the first executor is unable or unwilling to serve when the time comes.

3. Decide on property distribution. 

   Choose how your property will be distributed after your death. Some clients choose straightforward distribution schedules, such as “equal shares to my children.” Others will use percentage amounts or specific property transfer instructions, such as leaving the house to your daughter and your classic car collection to your son.

4. The attorney drafts your will.

   Our estate planning attorneys are here to assist you in the creation and execution of last wills & testaments in Wisconsin. Whether you’re creating a will for the first time, updating an existing will, or executing a will after a loved one’s passing - you're in good hands. 

5. Attend a signing conference with witnesses.

   A second meeting is scheduled for the critical signing conference. Two (2) uninterested witnesses must attend the meeting to make your will legally valid. Witnesses must watch you sign the document and then sign themselves.

6. Consider notarization.

   To make your will even stronger, it is usually recommended for a notary to sign and stamp your will after the witnesses have signed.

When Should You Update Your Will?

✔ Initial Creation of a Will: Most people create a will when they are young, often with minor children. Initial wills typically specify who will care for the children and manage their inheritances until they reach adulthood (18 years old). At this stage, parents usually designate trusted adult family members or friends as the executor of the estate and/or the guardian of their children.

✔ After Life Events: As people age, usually in their late fifties, sixties, or seventies, they often revisit their estate planning. By this time, their children have grown into adults, and they may even have grandchildren. Consequently, they may adjust their will to appoint their children to roles such as executor or power of attorney, which were previously filled by other trusted adults. Additionally, they might include provisions for their grandchildren, such as separate inheritance shares.

✔ Changing Executors or Distribution Plans: If you wish to change your executor or adjust how your estate is distributed, it's important to update your Will. For example, if you’ve grown closer to your sister and wish to leave her a larger share of your estate while appointing her as your executor (with your brother as a backup), an update is necessary.

✔ After a Divorce: A divorce can nullify your existing will by default, making it essential to revise your will accordingly.

✔ Changing Residences: If you move to another state or country for an extended period, you should update your will to reflect your new residence and ensure it complies with local laws.