Best Lawyers in Wisconsin, United States for Trusts and Estates

Practice Area Overview

Estate planning is more than just drafting documents; it’s about ensuring your future wishes are honored while simplifying financial and legal complexities for your loved ones. Whether you’re looking to create a will, establish a trust or avoid probate, working with the right legal counsel is critical to achieving your goals. While it may seem like the best estate planning websites are all you need, they are not qualified to offer legal advice and draw up documents. Experienced Wisconsin estate planning attorneys in Milwaukee, Madison, Waukesha and beyond can structure a plan tailored to meet your individual needs and conform with state law.

What Does Estate Planning in Wisconsin Include?

A comprehensive estate plan should leverage a range of tools and strategies to ensure your assets are managed and distributed according to your wishes. Depending on your specific circumstances, an estate planning attorney in Wisconsin can help implement any of the following:

Wills and Revocable Living Trusts

  • Your Last Will and Testament dictates how your assets will be distributed after death, names guardians for any minor children and can even outline funeral arrangements. In the absence of a will, Wisconsin's intestacy laws take over and may not align with your wishes.
  • Revocable living trusts allow you to retain control of your assets as the grantor and initial trustee. However, you also name a successor trustee to assume this responsibility if you become incapacitated or die. A wills and trusts attorney in Wisconsin can also assist if you ever decide to amend or revoke your trust.

Durable Powers of Attorney and Advance Directives

These documents ensure that if you become incapacitated, trusted individuals can make financial and healthcare decisions on your behalf. Advance healthcare directives also specify your medical preferences, such as your wishes for end-of-life care.

Charitable Trusts and Tax-Planning Strategies

Charitable trusts offer significant tax advantages while supporting causes close to your heart. A great estate planning attorney in Wisconsin will also know how to implement tax-planning strategies to minimize taxes and preserve wealth for your beneficiaries.

Guardianship and Long-Term Care Planning

These are critical tools for protecting vulnerable family members or preparing for your own future healthcare needs. Planning ahead can help ensure eligibility for programs like Medicaid while preserving your assets for future generations.

Probate Avoidance Strategies and Asset Protection

Trusts, joint ownership and beneficiary designations are popular tools for avoiding probate in Wisconsin, as they create a streamlined and private process for transferring assets.

Understanding Wills and Trusts in Wisconsin

Whether you’re forming a revocable trust to retain control over your assets or an irrevocable trust for tax planning, effective estate planning requires a deep understanding of the specific state rules for trusts in Wisconsin:

  • Written Form: Trusts must be in writing to be legally valid.
  • Trustee Duties: A trustee is legally obligated to manage the trust in good faith and in the best interest of beneficiaries.
  • Asset Funding: A trust is only effective if it’s funded. This means transferring ownership of real estate titles and financial accounts to the trust.

In addition to being in writing, Wisconsin law requires you to sign your Last Will and Testament. It must also be witnessed by two individuals who are not beneficiaries. To avoid the need for the witness to testify during probate, a notarized self-proving affidavit can also be attached to your will. The will itself does not need to be notarized; however, a notary’s seal and signature can make the probate process easier for your heirs.

The question of whether a trust is better than a will in Wisconsin depends on your specific needs. You might even find it beneficial to incorporate both into your estate plan. For example, a will can serve as a “pour-over” document to transfer any remaining assets into a trust. An experienced wills and trusts attorney in Wisconsin can help you craft a plan that balances the benefits of both tools tailored to your family’s needs.

Why Work with a Wisconsin Estate Planning Attorney?

While some online tools can be useful for basic tasks, even the best estate planning websites can't provide the legal expertise needed to address complex situations and ensure a legally sound and effective estate plan. Wisconsin law can be difficult to navigate and any mistake could lead to unintended consequences for you and your family. Consulting with an experienced Wisconsin estate planning attorney allows you to avoid these pitfalls while offering many benefits you’re unlikely to realize on your own:

  • Legal Compliance: Lawyers are well-versed in state laws related to marital property, probate and inheritance taxes, which can significantly impact your detailed estate planning and require precise adherence.
  • Future-Proof Planning: Both your needs and state law will likely change over time.  Estate planning attorneys in Wisconsin will stay on top of evolving rules and can modify your plan as circumstances change.
  • Minimizing Estate Taxes: Wisconsin estate planning attorneys know how to minimize estate tax liability at both the state and federal levels through strategic planning and the use of available exemptions.
  • Peace of Mind: Partnering with an attorney ensures your estate plan is legally sound and executed exactly as you envision.
  • Handling Complex Situations: Attorneys can help navigate complicated scenarios such as managing assets during a disability, planning for long-term care or addressing special needs for family members.
  • Personalized Guidance: Your lawyer will assess your unique financial and familial situation and tailor an estate plan for your circumstances. The best estate planning websites won’t come close to that level of customization.

Find a Great Estate Planning Attorney in Wisconsin

Choosing the right lawyer is one of the most important steps in protecting your legacy — but it doesn't have to be complicated. As the oldest peer-review publication in the legal profession, Best Lawyers makes it easy to connect with highly qualified Wisconsin estate planning attorneys whose skill sets align with both your needs and your goals.

Unlike other legal directories, attorneys ranked by Best Lawyers aren’t chosen randomly or through paid listings; they’re evaluated through extensive confidential surveys completed by thousands of their professional peers. Only those who earn consistently positive votes qualify for inclusion. Once ranked, they must maintain those votes to remain on each annual list. Because of this rigorous process, recognition in Best Lawyers is widely regarded as a prestigious achievement by both clients and legal professionals, a mark of trust and excellence that distinguishes attorneys who excel in their field.

Best Lawyers provides access to a diverse population of trust and estate planning lawyers in Wisconsin, including many who specialize in estate litigationtrust administration and legacy planning. By leveraging our directory to connect with a lawyer whose expertise aligns with your needs, you'll be well-equipped to make informed decisions at every stage of your estate planning journey.

Take The First Step to Securing Your Legacy

When you’re preparing for the future, even the best estate planning websites can’t account for your unique circumstances or the complex nuances of Wisconsin law.

Explore Best Lawyers to connect with top-rated trusts and estates lawyers in Wisconsin, each recognized for their legal skills and respected by their peers—so you can move forward with confidence. Start your search today.

 

 

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