Wills And Guardianship Planning Attorney In Waukesha And Milwaukee

Your home, possessions and other assets are at the core of who you are. They represent your life’s work, and protecting them is essential. A will ensures your loved ones receive care as you intend. Attorney Ashley Lillesand-Leonhard, founder of Lillesand Leonhard Law LLC, helps clients gain peace of mind knowing their wishes will be honored.

Since 2007, her work as a lawyer has focused on helping clients in Waukesha and Milwaukee counties create estate plans that include personalized wills. If you’re looking for professional legal will services, please schedule your free consultation today.

What Happens If You Die Without A Will In Wisconsin?

If you die intestate in Wisconsin, the state distributes your assets through a legal process called intestate succession. This default plan may not align with your wishes. During intestate succession, Wisconsin law prioritizes inheritance in this way:

• If you have a spouse and children: The surviving spouse inherits everything if all children are also the spouse’s children.
• If there are children from a prior relationship: The spouse and those children share the estate.
• If you have children only: Children inherit the estate.
• If you have no spouse and no children: Parents, siblings and other relatives inherit.

Ashley can help you sidestep this cookie-cutter approach. Why leave it to chance? Let a wills attorney help you craft a plan that fits your unique family situation and ensures you decide who inherits your assets.

Challenges To Intestate Succession

Intestate succession can be complicated and gives rise to various issues. Dying without a will can lead to the following challenges:

• Loss of control over your final wishes
• Family conflict and disagreements regarding asset distribution
• Inability to choose a legal guardian for minor children
• Inability to leave specific bequests to individuals or charities
• A completely public process where your financial affairs become open record

Addressing these potential issues proactively gives your loved ones peace of mind. In addition to these stressors, dying without a will means your estate goes through probate under the state’s default rules. While a will also goes through probate, it gives the court clear instructions, saving your family time, money and unnecessary stress.

Steps To Creating A Will In Wisconsin

If you have decided to create a will, you are on the right track. Here is a quick checklist to guide you through the process:

• Choose a personal representative to manage your estate
• Designate your beneficiaries
• Name a guardian for minor children, if any
• Specify bequests to people or organizations you care about
• Sign and witness your will according to state law
• Store your original will safely and ensure your executor knows its location

Consult with a wills attorney like Ashley to guide you through each item on this checklist. She can ensure your will meets all of Wisconsin’s legal requirements.

Wills For Young Families

For young families, estate planning often feels like a task for the distant future, but planning is simpler than you might think. Establishing a basic plan now is one of the most loving steps you can take as a parent. A will is the primary tool for clearly directing property distribution and, most importantly, naming legal guardians for minor children. Choosing who will raise your children if the unthinkable happens is a decision you want to make yourself, rather than leaving it to a judge.

Many families wonder about the difference between wills and trusts. It is important to know that wills pass through probate court, meaning a judge oversees the administration of your estate before beneficiaries receive their inheritance. Trusts bypass this process, but a will often provides a straightforward, cost-effective starting point. Attorney Ashley Lillesand-Leonhard offers young families simple, flat-fee legal protection to ensure these essential documents are drafted correctly without surprise costs.

Frequently Asked Questions

Below are common questions often raised when exploring wills and guardianship plans.

Does a will prevent my estate from going to probate in Wisconsin?

No, a will does not prevent your estate from going to probate. Wills pass through probate court, a public process in which a judge oversees the validation of the document and the distribution of assets. However, a will makes probate much smoother and faster because it gives the court clear instructions to follow.

How do I designate legal guardians for my minor children?

You designate legal guardians for your minor children by explicitly naming them within your will. This legal guardian nomination tells the court who you trust to raise your children and manage their daily care if you and your co-parent pass away. Without this designation, a judge decides who takes custody.

Do I still need a will if I already have a revocable living trust?

Yes, you still need a will even if you have a revocable living trust. Attorneys typically draft a pour-over will alongside your trust. This specific type of will acts as a safety net, ensuring any assets you accidentally left out of your trust transfer into it upon your passing. Also, a will provides the exclusive mechanism to legally nominate guardians for your minor children.

How Can You Ensure That Your Wishes Will Be Respected After You Pass Away?

The first step in meeting your goals is ensuring your will is valid in Wisconsin. A will must be signed by the person making it and witnessed by two people. Wisconsin law strongly recommends that these witnesses not benefit from the document, as interested witnesses may lose a portion of their inheritance. Failing to meet these requirements could lead to disputes or a court declaring the will invalid.

Providing clear instructions is also essential. If the language is unclear, loved ones may disagree on your intent, leading to fights and legal challenges. Experienced attorneys ensure your will communicates exactly what you want and helps avoid ambiguity.

Choosing the right personal representative matters because they carry out your instructions under the oversight of the local county Register in Probate. Your attorney helps you make informed decisions about who has the financial and personal skills to perform these tasks with integrity. Naming guardians is equally crucial if you have underage children. Choose someone who will raise your child with the values and care you want.

At Lillesand Leonhard Law LLC, attorney Ashley E. Lillesand-Leonhard understands that there is no one-size-fits-all approach to estate planning. She makes sure every document reflects the values and wishes of Waukesha residents. From building a valid will to choosing the right people to manage your legacy, she helps you make informed choices that offer peace of mind.

How A Milwaukee Wills Attorney Can Help

Creating a will requires ongoing attention as your life changes. A Lillesand Leonhard Law LLC wills attorney guides you through the necessary adjustments. A comprehensive estate plan often integrates a will with other estate planning tools such as powers of attorney and trusts. A solid estate plan often integrates a will with other tools such as powers of attorney and trusts – and Ashley can help you build one tailored to your life.

To start the will preparation process, schedule your free consultation today. Call her Waukesha-based estate law firm at 414-488-6511 or inquire via email.