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Wills

Madison Will Attorney

Assisting Clients With Will Matters in Wisconsin

For more than two decades, Krause Estate Planning & Elder Law Center has been using our extensive resources and knowledge of the law to help clients in Madison draft customized wills for their estate plans. A will is an important estate planning tool and legal document that specifies who all of your property and assets will be distributed to when you pass away. A major benefit of having a will in your estate plan is that is it can help avoid confusion and other undesirable consequences that might occur when a person dies without proper planning.

When you turn to our law firm for guidance, we make it our priority to work closely with you to devise a will that is carefully tailored to your unique situations. Our legal team will discuss all of the relevant issues that will impact your estate after your death so that that you can make informed decisions on what to specify in your will documents.

For your free consultation, contact us online or at (608) 344-5491 to get started with our wills attorney in Madison.

What are the Consequences of Dying Without a Will in Madison?

If you pass away in the state of Wisconsin without a will, then all of the property that is in your name will be distributed according to state "intestacy" laws. Under Wisconsin's intestacy laws, your closest relatives will receive your property, beginning with your spouse and children. If you don’t have a spouse or children, then your grandchildren or your parents will get your property. This continues with increasingly distant relatives, such as siblings, grandparents, aunts, uncles, cousins, nieces, and nephews. If the court doesn't find any living relatives to distribute your property to, then the state will take your property.

Why Madison Residents Should Draft a Will

It is never too early to prepare a will for your estate plan. Your will can be modified or replaced, so if you are hesitant about making these important decisions, you can always go back and make revisions. A will can be used to:

  • Leave your property to specific people or organizations
  • Name a personal guardian to care for your minor children
  • Name someone you trust to manage the property you leave to minor children
  • Name a personal representative to ensure that the terms of your will fulfilled

Trusts vs. Wills

While a trust does offer a number of protections and advantages, you may still benefit from having a will on top of your trust. A will can be useful for naming a guardian for your minor children and can provide for the transfer of property that isn't placed in a trust. For instance, you may have acquired property shortly before you pass away and may not have had the chance to place these in a trust.

You can think of having a will as an added layer of protection and safety net for property or assets that aren't placed in a trust.

Do You Need an Attorney?

You are not required by law to have an attorney for a valid will, but it is highly recommended to help ensure that your will is thorough and legally binding. A lawyer is familiar with the various laws affecting how assets are transferred, how to prepare documents, and can guide you through the many issues that should be addressed in your will.

When Should I Update My Will?

Any time you go through a major life change such as a divorce, remarriage, birth of children, change in financial circumstance, or another big life event, you should revisit your will to reflect these updates. This may involve creating a codicil for your existing will or making a new will entirely, depending on your situation. Your attorney can help you make these updates to ensure that your changes are legally valid.

Local Resources for Will Amendments in Madison

Living in Madison, you have access to various local resources and government entities that can assist with your estate planning needs, including will amendments. The Dane County Clerk's Office and the City of Madison provide valuable information and services to help you navigate the legal requirements for updating your will. The Wisconsin Court System also offers resources and guidelines to ensure your will complies with state laws.

One common pain point for Madison residents is the frequent life changes that require amendments. Whether it's a new job at one of the city's thriving tech companies, a growing family, or a change in marital status, these events often require updates to your estate plan. Our Krause Estate, Planning & Elder Law Center team understands the unique challenges Madison locals face and is here to help you make the necessary adjustments to your will.

We know the Madison area well, from the bustling Capitol Square to the serene shores of Lake Mendota. This local knowledge allows us to provide personalized advice that considers our community's specific needs and circumstances. Whether you're a long-time resident or new to the area, our attorneys are committed to helping you protect your assets and ensure your wishes are honored. 

Contact Our Madison Wills Lawyer Today

In addition to will drafting services, we also offer other estate planning options that you can use to help minimize the burdens on your family and loved ones after you are gone. Our legal professionals at Krause Estate Planning & Elder Law Center are here to make sure that your will supports the rest of your estate plan.


Contact us today at (608) 344-5491 to schedule a consultation with our Madison wills attorneys. 


Commonly Asked Questions

What are the benefits of having a will in Madison?

Having a will in Madison ensures that your property and assets are distributed according to your wishes upon your passing. It helps avoid confusion and potential disputes among relatives, as it clearly outlines your intentions. A will also allows you to name a guardian for minor children, appoint a trusted individual to manage property left to minors, and designate a personal representative to carry out the terms of your will. This legal document is a crucial part of estate planning that can provide peace of mind for you and your loved ones.

How often should I update my will in Madison?

In Madison, it is advisable to update your will whenever you experience a significant life event, such as marriage, divorce, the birth of a child, or a substantial change in financial circumstances. These updates can be made through a codicil or by drafting a new will to ensure that your estate plan accurately reflects your current situation and wishes. Consulting with an attorney can help you determine the best course of action for keeping your will up-to-date and legally sound.

Is it necessary to have an attorney for will creation in Madison?

While it's not legally required to have an attorney to create a will in Madison, it is highly recommended. An attorney can provide valuable guidance to ensure that your will is comprehensive, reflects your wishes, and is legally binding. Lawyers are knowledgeable about the laws that affect asset transfer and can help you navigate the complexities of estate planning, reducing the risk of errors or omissions that could complicate the execution of your will.

What Should Be Included in a Will?

A well-constructed will includes a variety of key elements to address the entirety of your estate, as well as your personal and family needs: An executor is the individual responsible for carrying out your will’s instructions, from managing your estate’s finances to ensuring your beneficiaries receive their inheritances. The executor handles responsibilities such as debt payments, filing taxes, and distributing assets. Your will should clearly state who will inherit your assets, whether they are family members, friends, or charitable organizations. Each beneficiary should be specifically named, and their inheritance should be outlined to avoid ambiguity. Detailing how your property and assets are distributed is a central purpose of your will. This includes specifying who will receive personal items, real estate, financial accounts, and other valuables. If you have minor children, naming a legal guardian is essential. This choice reflects who you believe will best care for your children in your absence. Trusts can be included within a will to manage and protect certain assets for beneficiaries, such as minor children or those with special needs. If there are particular possessions or assets you want to give to specific individuals, such as family heirlooms, jewelry, or other valuables, you can make these specific bequests in your will. Many people choose to include preferences for their funeral or burial arrangements in their will. These instructions can be as detailed as you wish, including your preferences for cremation, burial, or memorial services. .
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