Create a Wisconsin Last Will and Testament with our customizable template!
In the State of Wisconsin, a Last Will and Testament is a document that clearly expresses a person’s wishes as to what they want to do with their assets, belongings, and property once they pass away. This person is known as the Testator. For example, this document can allow the Testator’s children to inherit their entire estate, specifically naming who receives what, without worry that someone may come in and take the assets. It can also be used to name a guardian for minor children, establish ongoing care for pets, or to support charities. In the State of Wisconsin, the Testator must sign the will in the presence of two witnesses who also sign the document. The purpose of requiring the signatures is to help ensure that the Testator was of sound mind when they created the document and that the Testator was not forced into creating it. Once the document is created and executed, it should be kept in a safe location, such as with the Testator’s lawyer or with the named executor.
Definition of Will - §851.31
Laws - Chapter 853 (Wills)
Witnesses - According to §853.03, the Will must be signed by two (2) witnesses.
Step 1 - Using the template provided by FormSwift, enter your legal name and your gender.
Step 2 - Enter your city and county of residence.
Step 3 - Select your marital status from one of the following:
If you are married or separated, provide the name of your spouse.
Step 4 - If you have children, pets, property, or life insurance policies, state so during this step.
Step 5 - First, enter your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. Next, enter the names of your pets. Finally, if you have life insurance policies that will pay out, list that information here.
Step 6 - Enter the amount of money or percentage of your property you’d like to leave each child.
Step 7 - If you’d like to establish a trust for an individual who is mentally ill or with a disability of some kind, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent interference with their ability to receive Supplemental Security Income and Medicaid benefits.
Step 8 - Start this step by entering the age that your children must be in order to start receiving benefits from their trust. Then, enter how much of the trust will be received. Finally, enter the age they will be when the benefits end.
Step 9 - If there is a specific funeral home you’d like to use, provide their information during this step.
Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.
Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you die. Your Executor can be a beneficiary in your Will or your attorney. However, if you don’t name an Executor in your will, the Wisconsin probate court will name one for you, and it may not be one that you want to have administering your estate. Provide the following information:
Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.
Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you die. You may also wish to name an alternate Trustee. If your assets are in a trust, provide the following information:
Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, and other digital items. If you have digital assets and wish to appoint a Digital Executor, provide the following information:
Step 14 - Guardian for Your Minor Children - If you have minor children, you should choose someone to become their guardian if you die. If you do not name someone to become the guardian, the probate court will choose someone. In addition to naming a guardian, you may also wish to name an alternate guardian. Provide the following information:
Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each person:
Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:
Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:
Once you are ready to sign the will, your two witnesses must also be ready to sign. After you and your witnesses have signed the document, it should be kept in a location that is safe and easy to access.
Creating a legal last will and testament in the State of Wisconsin is a crucial step in the estate planning process. When creating a will, you can name an executor who will be responsible for following the directions in your will. Your will should include distribution of all of your assets including real estate, personal property, vehicles, jewelry, and any other personal effects or digital assets. If you want to ensure that your loved ones are taken care of, it is important that you have a last will and testament. Additionally, you can name a guardian for your minor children, establish a pet trust, and leave directions to make charitable donations.
According to Wisconsin law, a last will and testament is not legally required. However, there are many advantages to having one.
Without a Wisconsin will, intestacy laws become enacted. The Wisconsin probate courts follow the law to determine how to distribute your estate as well as to name a guardian for minors. Their decision may not line up with your desires. If someone dies without a will in Wisconsin, their surviving spouse will inherit the entire estate. If there are children from a different relationship, the surviving spouse and children would split the estate. If there is no surviving spouse or children, the courts will determine the next closest relative to inherit the estate. If no relative can be found, the State of Wisconsin becomes the beneficiary and absorbs the assets.
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