Milwaukee Will, Trust and Living Will Attorneys

Our law firm provides affordable will & trust documentation in the Milwaukee area.

Wisconsin law firm for will & trust guidance

Our comprehensive estate planning services include drafting legal documents to make sure decisions affecting your loved ones, family business, property, and medical treatments are in place and protected in case of disability, infirmity, or death. The creation of a will or trust can be more complicated than you may think.

Understanding the details of the process can be difficult without an experienced attorney. Our experienced Milwaukee lawyers will guide you through Wisconsin’s laws on wills and trusts to ensure that all of your wishes are documented in compliance with the law, thus avoiding costly complications in the future.

Our skilled lawyers will ensure you have a thorough understanding of every aspect of your will and/or trust, including how and why a will passes through probate, how to avoid probate in Wisconsin, who a trustee is, and how to name beneficiaries.

Niebler Pyzyk’s complete will and trust services can help you:

• Maintain control of property throughout your life
• Distribute property and assets after death according to your wishes
• Provide for yourself, children or grandchildren should you become disabled
• Provide for a surviving spouse and minimize the need for end-of-life decision-making
• Protect your children’s inheritance and appoint a legal guardian or trustee
• Implement a plan for special needs children or dependents
• Minimize estate taxes, legal fees, and court costs
• Plan a successful future for your family business
• Plan ahead for long-term care and elder law concerns
• Avoid probate

There are many benefits of making a will, some may even surprise you. Niebler Pyzyk law firm has the experience and resources of large “downtown” law firms with reasonable rates and personalized services you expect from a family business. The attorneys at Niebler Pyzyk will draft a unique will or trust suitable to your needs depending on the circumstances. Should the unthinkable happen, you’ll have the peace of mind knowing your family is protected with a skillfully constructed will and/or trust.

Living will vs. last will and testament

A last will and last testament expresses your last wishes and preferences but have no legal impact until after your death. A will can be used to dictate how your property is distributed or to appoint a guardian for minor or disabled children. A living will goes into effect while you are living if you become incapacitated due to injury, old age, or disease. A living will dictates your preferences for medical treatment including life support and end-of-life care.

Both wills and living wills can give another person (an agent) the power to make decisions on your behalf. A will nominates an executor or personal representative who files your will with probate court, inventories your estate, pays any remaining debts, and divides remaining assets among your heirs. A living will nominates a healthcare agent who is responsible for making decisions concerning your medical treatment and sometimes making arrangements for organ donation, burial, or cremation

Neglecting to create a will or living will means state laws will control what happens after you die or become unable to make decisions on your own behalf.

Living trust vs. will

There are benefits to having a trust and a last will. It often makes sense to have both in place. 

A revocable living trust designates a successor trustee to manage your property if you die or become incapacitated. A living trust is created, property is transferred to the trust, and you are the donor and original trustee. You continue to manage all property in the trust knowing a plan is in place to ensure a seamless transition if you become unable to manage your affairs.

Property in a living trust does not require probate. Unlike the contents of a will, your trust documents will not become public record.

How To Avoid Probate in Wisconsin

To avoid probate in Wisconsin, you can employ various estate planning strategies to help your assets bypass the probate process.* 

Establish a Revocable Living Trust: A revocable living trust allows you to transfer your assets to the trust during your lifetime. As the grantor, you retain control over the trust and can make changes or revoke it if needed. When you pass away, the assets held in the trust can pass directly to the beneficiaries you've named, avoiding probate.

Joint Ownership: Owning property jointly with rights of survivorship is another way to bypass probate. When one owner passes away, the property automatically transfers to the surviving owner(s) without going through probate. This approach is commonly used for real estate, bank accounts and other assets.

Payable-on-Death (POD) and Transfer-on-Death (TOD) Designations: Many financial institutions allow you to designate beneficiaries for your bank accounts or investment accounts using POD or TOD designations. Upon your death, the account balance or investment is transferred directly to the designated beneficiaries, bypassing probate.

Beneficiary Designations: Review and update beneficiary designations on retirement accounts, life insurance policies and other assets that allow you to name beneficiaries. Upon your death, these assets will pass directly to the designated beneficiaries, avoiding probate.

Small Estate Affidavit: In Wisconsin, if the total value of the probate assets is less than $50,000, you may be able to use a small estate affidavit instead of going through the full probate process. This affidavit allows the transfer of assets to the heirs without a formal probate proceeding.

Gift Giving: During your lifetime, you can gift your assets to your intended beneficiaries. By reducing your estate's overall value, you can potentially minimize the assets subject to probate.

*It's important to consult with an estate planning attorney in Wisconsin to ensure you understand the legal requirements and implications of these strategies. We'll create a personalized plan that aligns with your specific circumstances and goals.

Contact us online to schedule a consultation for a comprehensive estate plan without the added financial stress.

We serve the greater Milwaukee area from our convenient Menomonee Falls location including Waukesha, Brookfield, Glendale, Mequon, Germantown, Grafton, Cedarburg, Wauwatosa, Hartland, Pewaukee, Sussex, New Berlin, West Allis, West Bend, Port Washington & the surrounding communities.