Kenosha County Wills Attorney

Estate Planning Lawyer Helping Create a Last Will and Testament in Pleasant Prairie

Life is a journey that is full of ups and downs, and everyone should have a plan for what should happen if the unexpected occurs. Regardless of your age, it is important to have a will in place that addresses how your affairs will be handled in the event of your death. By creating a will, you can alleviate the burden on your family, helping them avoid uncertainty and ensuring that your last wishes will be carried out correctly.

By building a positive plan for your and your family's future, you can make sure that you are prepared to face the challenges that may arise. Frozena Law LLC can provide you with essential legal help when drafting or updating your will, and we can help you understand how to make use of any other estate planning tools that will provide for your and your family's needs.

Creating a Last Will and Testament

A last will and testament is a legal document that specifies how your assets will be passed to your heirs after your death, and it may also nominate a guardian for your minor children. The will must also name a personal representative (also known as an executor) who will be responsible for filing your will in probate court, paying any outstanding debts or taxes, and overseeing the process of distributing your assets to your beneficiaries.

Certain types of property will be passed to beneficiaries outside of a will, including: 

• Marital or jointly-owned property - Assets such as a home that is owned by married spouses will pass to the surviving owner.
• Life insurance benefits or funds in a retirement plan - These assets will be passed directly to the beneficiaries named in the plan. However, if a living beneficiary is not named, these will become probate assets.
• Payable on death and transfer on death accounts - Following your death, these types of assets will become the property of the named beneficiaries.
• Assets held in a trust - Once a trust is funded, the terms of the trust will specify how the assets will be passed to your beneficiaries.

What Happens if I Die Without a Will?

If you do not have a valid will when you die, a personal representative will be appointed to oversee your estate, and your assets will be distributed according to the state of Wisconsin's intestacy laws. Your entire estate will pass to your surviving spouse, unless you have children from a previous relationship, in which case half of your assets will pass to your spouse, and the other half will be divided among your children. If you are not married at the time of your death, your estate will be distributed among your children, and if you have no children, then it will go to other relatives, starting with your parents and moving on to your siblings, nieces and nephews, grandparents, or other descendants of your grandparents.

In addition, the lack of a will means that you will not be able to nominate a person to be the guardian of your minor children. Instead, a guardian will be selected by the court.

Contact a Kenosha Estate Planning Lawyer

Your will is a foundational part of your estate plan, and it can provide you with the confidence that your last wishes will be addressed correctly after your death. At Frozena Law LLC, we can help you ensure that your will includes everything you need, and we will work with you to protect your assets and address your elder law needs. Contact our office at 262-237-8668 to learn more. We serve clients in Kenosha, Racine, Pleasant Prairie, Union Grove, Sturtevant, Elmwood Park, and Somers.