Many married couples assume their spouse will receive everything automatically after death. That’s not always true. Without a valid will, Wisconsin law – not your personal wishes – decides how your property gets divided.
Even if you want everything to go to your spouse, you still need a clear estate plan. Talking with knowledgeable Wisconsin estate planning lawyers now can save your family stress and confusion later.
What Happens Without a Will in Wisconsin
If you pass away without a will, the distribution of your estate is dictated by Wisconsin intestate succession laws. Wisconsin’s rules favor spouses, but the details depend on your family situation:
- If you have no children or only shared children, your spouse receives everything.
- If you have children from a previous relationship, your spouse receives all marital and shared property and half of your remaining estate. Your biological or adopted children receive the other half of your remaining estate.
That second scenario surprises a lot of people. If you want your spouse to inherit everything – even when you have children from another relationship – you’ll need to put that in writing. A will leaves no room for doubt.
What a Will Can Do That State Law Can’t
A will lets you say exactly who receives your property. It also allows you to:
- Name a guardian for minor children
- Appoint a personal representative (executor)
- Make specific gifts to individuals, charities, or organizations
- Reduce the risk of family disputes or legal challenges
None of those protections exists without a will. When the court makes the decisions, families often face delays, added costs, or results that don’t match your wishes.
What About Joint Property and Beneficiary Accounts?
Some assets – like jointly owned real estate or bank accounts – automatically go to the surviving owner. Retirement accounts and life insurance policies also pass directly to whoever you named as a beneficiary.
That said, people often forget to update those designations after major life changes. A will adds another layer of clarity and control. It ensures your estate reflects your current wishes, not paperwork from ten years ago.
A Will Is Just One Piece of the Puzzle
An estate plan does more than direct who gets what. It can include powers of attorney, advance health care directives, and trusts. Each tool protects your assets and guides loved ones through major decisions if you can’t speak for yourself.
Working with estate planning lawyers helps you cover all the angles. They’ll ask the right questions and create a plan that fits your life, not a generic form that leaves gaps.
Talk to a Local Attorney Who Knows Wisconsin Law
You don’t need to be wealthy or older to benefit from a will. If you own a home, have children, or simply want peace of mind, now is the time to take this step.
At Peterson, Berk & Cross, S.C., we’ve helped Wisconsin families protect what matters most for decades. Our estate planning lawyers take the time to listen, explain your options, and build a plan that meets your goals. Contact us today to start the conversation and put a plan in place that reflects your values.