Wisconsin Will Creation & Execution

When Should You Update Your Will?

Most people create a Will when they are young, perhaps with minor children. These Wills typically stipulate whom will care for the minor children and watch over their inheritances until they reach adulthood, or otherwise 18 years old, in the event of the parents’ unfortunate deaths. Since the children are young, the couple usually chooses other trusted adult family members or friends to serve as executor of the estate and/or Guardian of their children.

Couples usually return to engage a second round of estate planning when they are older, perhaps in their late fifties, sixties or seventies. Now that their children have grown into adults and they may even have grandchildren, the couple will adjust their Will and estate plan to put their children directly into the power roles, such as executor or power of attorney, that used to be occupied by other trusted adults when the children were younger. The couple may also make provisions to leave a separate inheritance share to their grandchildren.

Outside of this common pattern, you should usually adjust your Will if you want to change your executor, or if you want to change your distribution plan. For example, if you have lost touch with your brother, but have grown much closer to your sister, you might decide to now leave your sister a larger share of your estate and appoint her as your executor, with your brother as back-up secondary executor. It is also wise to revise your Will after a divorce, as divorces nullify old Wills by default. Finally, you should update your Will if you change residences permanently, such as moving to another state or out of the country for extended periods of time.

What happens after some dies without a Will?

When someone dies without a Will in Wisconsin, their property gets distributed through the probate process to their heirs at law. The person’s heirs at law vary, depending on which family members are alive in a descending hierarchy of priority. If the person was married, his or her spouse is the primary heir. In a blended family, the person’s children – the surviving spouse’s step-children – also have a claim to some of the deceased person’s property with their step-parent. If the deceased person was not married, then his or her children are the next heirs in line to receive. If the person was not married and also left no children, then the person’s parents, if alive, become the heirs. If the parents are also deceased, then the person’s siblings are the heirs. If they are also not alive, then the person’s property will be distributed further out to aunts, uncles, and cousins on the paternal and maternal sides of his or her family.

It is especially important to have a Will if you wish to alter these default inheritance rules outlined above. When no Will exists, probate courts enforce the default rules neutrally and sometimes harshly in a strict adherence to the law– perhaps against the deceased person’s true wishes. For example, if the deceased person had a beloved girlfriend or boyfriend whom cared for the person for many years, such loved one will likely not be included to receive any of the deceased person’ estate if the person did not leave a Will stating the loved one should be included to receive. Instead, the deceased person’s estranged siblings may wind up inheriting his or her property. In this way, your property could wind up being distributed to undesirable people in a manner that you do not approve.

Since Wills also appoint executors, or “personal representatives” in Wisconsin, a person who dies without a Will may leave a free-for-all competition between their heirs in a fight to control the estate and be appointed as executor. When a Will designates who should be the executor, this problem is largely avoided.