Guide to Creating an Estate Plan in Wisconsin

family walking on beach after estate planning in wisconsinMost Wisconsin residents associate estate planning with drafting a will—and nothing more. In reality, there is more to the process, such as drafting directives that guide family and friends during difficult times. As a whole, an estate plan is a package of legal documents that lead to an optimal financial outcome and expedient process for all parties involved and detail the wishes of the incapacitated or deceased.

Because everyone’s situation varies, the exact estate planning documents and arrangements needed are different for every household (and sometimes for individual household members). The details of an estate plan can also vary from state to state. In general, however, the initial steps for creating an estate plan are similar, including where to start the estate planning process.

Gather information about assets and liabilities.

Estate planning is not entirely about financial matters; however, finances are an integral part of every estate plan. To give professionals a comprehensive view of the financial situation, compile a list of assets and liabilities. This information should include financial accounts, life insurance policies, any financial debts, and other liabilities that needs to be factored into the estate. This information can also be used to calculate the net worth of the estate; this step needs to be done to determine if and what taxes the estate is subject to.

Have important discussions.

Beyond the owner of the estate, there are other parties that are named in estate planning documents. These parties need to be chosen, including:

  • Beneficiary or beneficiaries. These parties receive assets from the estate. Beneficiaries, commonly called heirs, can be individuals (i.e. family members, friends, associates) or organizations (i.e. charities).
  • Executor. This party should be a responsible individual that ensures all the terms of the estate planning documents are executed. An executor can be a friend, family member, or associate, such as a lawyer or other firm.
  • Guardian. This party is named as the caregiver for minors when the owner of the estate is incapacitated or deceased. (Read more about choosing and naming a guardian for children.)

A discussion with these parties is not required for estate planning; however, discussions can be invaluable with all parties involved (including friends or family members that are not named in the estate plan) so the execution of the estate plan is seamless and efficient. When executors, beneficiaries, and guardians are named, information about the parties should be collected (contact an estate planning lawyer to find out what information is needed). If the choice of beneficiaries, executors, or guardian changes, these parties can (and should) be changed and updated.

Contact an experienced local estate planning lawyer.

There are several different estate planning options, such as a will, advanced directives, irrevocable and revocable living trust. An experienced, local estate planning lawyer can recommend the best documentation and arrangements suited to the specific situation. Bring all information to the meeting, including the list of assets and liabilities and information about parties that should be included.

The materials on this website are provided for informational purposes only and do not constitute legal advice. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained in this website without first seeking the advice of an attorney.

 

Time for a Will? 5 Things You Need to Get Started

Estate planning worksheet for writing a willIt’s never too late (or too early) to get a will drafted for the good of you and your family. A will is one of the most important (or the most important) documents in your estate plan, both for asset distribution and as direction during very difficult time. This significant estate planning document can also become a vehicle for organizing your assets in preparation for the next phase of your life (i.e. establishing a trust, etc.) Because of its importance, it’s not a document to procrastinate drafting or to draft using a generic template.

Instead, contact a local lawyer who can produce a legal document in line with local and state regulations and conditions. To make the process extremely efficient, have these key pieces of information ready for the lawyer and for inclusion in your will.

List of assets

Not every asset needs to be included in your will, but you should have major assets listed. Do an inventory of your assets (including bank accounts, lock box contents, items in safe, properties, etc.), and be prepared to give your lawyer a list of major assets.

Beneficiaries

Once you’ve compiled a list of assets, it’s time to decide who gets them when you pass. Your lawyer needs a list of beneficiaries and their personal information (i.e. social security numbers, address, etc.) If you want to be very precise about certain items and who receives them, decide that information before you visit your attorney so you can provide very exact directions in your will.

Executor

An executor is named in your will to carry out your instructions. For that reason, choose your executor carefully; your executor should be a responsible individual (not necessarily a family member) who can follow your instructions and deal with any estate issues that arise.

Guardian

If you have any minors in your care, you’ll need to name a guardian to care for them. Bring the name of the guardian, as well as personal information about the individual, so the person can be named. If you want to leave any assets for your minors’ care, spell out those instructions to your lawyer.

Any other instructions

Specific instructions, even if they don’t fit one of the above categories, should be included in your will. For example, if you don’t want certain family members named as beneficiaries, that should be spelled out so the courts don’t see it as an oversight.

The materials on this website are provided for informational purposes only and do not constitute legal advice. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained in this website without first seeking the advice of an attorney.