Skip to Content
Estate Planning Doesn't Have to be Intimidating 608-292-5185
Top
Wills

Madison Wills Lawyers

Assisting Clients With Will Matters in Dane County, Wisconsin, & Illinois

At Estate Law Partners, LLC, we take great pride in using our knowledge of the law to provide clients across the greater Madison area with high-quality legal counsel as they draft their last will and testament. Although most people have heard of a will, many do not know what happens if they pass away without including a last will and testament in their estate plan.

Drafting a will? Contact Estate Law Partners, LLC online or call (608) 292-5185 to request a consultation with our wills attorneys in Madison.

What are the Consequences of Dying Without a Will?

If you pass away without a will, then your assets will be distributed according to state laws. This means the state will ultimately determine both how and to whom your assets are distributed.

Our reputable and compassionate Madison wills lawyers have the knowledge and resources that you need to make sure your legacy is protected. We are here to help you draft a detailed will that is in the best interest of your entire family and other loved ones in your life.

What are the Key Advantages of Creating a Will?

The following are some of the benefits of including a will in your estate plan:

  • A will can be used to designate who you wish to parent your children if you suddenly pass away
  • A will prevents the state from making any decisions on your behalf during the probate process
  • A will allows you to leave specific property to specific people
  • A will allows you to select specific people to manage and handle distributing your property
  • A will can save your heirs significant expenses and prevent feuding among them
  • A will can be used to plan for personal matters, like burial arrangements and pet care
  • You can amend your will if circumstances change in your life

How Our Wills Attorney in Madison Can Assist You

A wills attorney plays a critical role in helping ensure your wealth, assets, and legacy are handled according to your intentions. They provide guidance on the complexities of estate planning, help you avoid potential legal pitfalls, and work to reduce the risk of disputes among beneficiaries. These legal professionals work with you to craft a comprehensive will in Madison, using their knowledge of probate laws, tax implications, and legal processes to help ensure your final wishes are both respected and legally enforceable.

Services offered by a wills attorney:

  • Drafting a comprehensive will: They assist you in creating a legally sound will, detailing how your assets and wealth should be distributed.
  • Estate planning: They provide advice on estate planning, guiding you through different aspects, such as trusts, funeral expenses, and tax planning.
  • Reviewing your will: As circumstances change, they review and update your will to reflect these changes and help ensure it remains valid and up to date.
  • Providing legal representation: In case of any disputes over the will, they represent you in court to help see that your wishes are upheld.
  • Probate process navigation: They guide your family through the probate process after your death, helping to provide a smoother transition.
  • Guardianship designation: They help in legally designating guardians for minor children or dependents.
  • Power of attorney and medical directives: They assist in setting up power of attorney documents and advance medical directives, helping to ensure your welfare is entrusted to someone you trust.

Do Couples Need Separate Wills in Wisconsin?

A husband and wife may have joint wills or separate wills. If you have a spouse or are getting married soon, consider creating a will. 

In Wisconsin, married couples are also planning in the context of marital property laws, which affect what each spouse actually owns at death. Separate wills allow each spouse to address individual assets, children from prior relationships, or personal gifts they want to make without creating confusion later. Many couples prefer this approach because it gives both partners the chance to speak clearly for themselves while still coordinating their overall plan.

When we meet with couples, we help them think through how their property is titled, who they want to be in charge if something happens, and how to protect one another while still looking ahead to children or other beneficiaries. Talking through those issues with a will lawyer before documents are signed can help prevent unintended results, such as leaving a surviving spouse short of resources or creating tension between a spouse and adult children.

How Do Joint Wills Work For Married Couples?

Married couples may opt for creating a joint will—this means that there will be one will for two people. Joint wills contain specific wishes regarding what should happen after one spouse dies and what should happen next when the second spouse dies. Typically, when one spouse dies, that spouse’s estate goes to the surviving spouse. When the surviving spouse passes on, the estate will go to the children.

For legal counsel on joint wills, get in touch with a seasoned Madison will attorney at Estate Law Partners, LLC. We are more than happy to answer your questions, help you understand your options when it comes to writing wills and planning your estate with your spouse, and create a will that meets the needs of your family.

Contact Our Madison Will Attorney Today

Our goal is to provide you with the reliable legal representation and counsel you need to gain peace of mind that your will and other aspects of your estate plan will be less likely to be challenged in court. Let us help you move through the complex process of drafting a will. 

When you contact our office, we walk you through what to bring to your first meeting, such as a simple list of assets, family members, and any immediate concerns. During that conversation, we focus on listening so we can understand your priorities, whether that is protecting young children, simplifying things for adult heirs, or coordinating property in more than one state. From there, we outline a clear next step so you know what will happen after the consultation, how drafts will be reviewed, and how we will stay in touch until your documents are signed.

Further Reading on Estate Planning

If you are ready to take action to plan for your future, call (608) 292-5185 or contact us online to schedule a free consultation with our Madison wills lawyers.

Frequently Asked Questions

What is the process for amending a will in Madison, Wisconsin?

Amending a will involves creating a legal document known as a codicil. This document outlines the specific changes you wish to make to your existing will. It is essential to ensure that the codicil is signed and witnessed according to Wisconsin law to maintain its validity. If the changes are extensive, you may consider drafting a new will altogether.

How often should I review and amend my will?

It is advisable to review and amend your will at least every few years or whenever significant life events occur, such as marriage, divorce, the birth of a child, or the acquisition of new assets. Changes in your financial situation or relationships can impact your estate planning needs. Regular reviews help ensure that your will accurately reflects your current wishes and circumstances.

Can I make changes to my will without a lawyer in Wisconsin?

While it is possible to make changes to your will without a lawyer in Wisconsin, it is not recommended. DIY amendments can lead to legal complications if not executed correctly. To help ensure that your amendments are valid and enforceable, it is best to consult with a legal professional who can guide you through the process.

What makes Madison-specific will considerations unique?

Madison residents must account for local probate rules and customary practices that can impact estate distribution. Factors like property held jointly with rights of survivorship, unique familial structures, and local traditions around asset designation may require tailored legal advice. Having a locally based attorney who understands these nuances helps your will meet community standards while safeguarding your legacy under local law. Staying informed about Wisconsin's changing legal landscape is also important, as legal updates can affect estate planning directly.

How can a will lawyer assist with tax implications?

A will lawyer in Madison can help identify potential tax issues associated with your estate and recommend strategies to lessen their impact. They can provide guidance on setting up trusts, which may offer tax advantages, or suggest other estate planning tools like charitable donations to help reduce estate tax exposure. Tailoring your estate plan with tax considerations in mind not only helps protect your beneficiaries from unexpected financial burdens but also supports maximizing the inheritance value they receive.

What if I own property in multiple states?

If you own property across state lines, it is important to have an estate plan that accounts for the laws in each applicable state. A will lawyer can coordinate with attorneys in other states as needed to help ensure your assets are managed and distributed according to your wishes. Such coordination can help avoid potential conflicts between differing state jurisdictions and provide peace of mind that your estate plan is comprehensive and enforceable everywhere.

The Stories That Matter Most

Read About Real Client's Experiences
    "She was very responsive and always made sure to answer any questions we had."
    Our experience with Danielle was very professional and efficient even with having to do everything through zoom due to Covid.
    - Shannon
    "[Matt] was very engaging and rephrased any questions we didn't understand."
    He was very engaging and rephrased any questions we didn't understand.
    - Steven
    "[Matt] was very helpful..."
    Answering our questions and providing guidance that we understood.
    - Troy
    "He took the time to understand our goals and our family situation."
    He was friendly, thorough, and very knowledgeable.
    - Mark
    "He was wonderful...they asked all the right questions"
    We are relieved that there is a plan in place. That gives us peace of mind.
    - Kris
Contact Estate Law Partners, LLC Today! We Are Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.