Trusts & Wills
Wills are a common way for people to state their preferences about how their estates
should be handled after their deaths. A will can also name a personal representative, set up a trust, or designate a guardian to care for minor children. (Source: Family estate planning in Wisconsin)
Trusts can be estate-planning tools . "In general, a trust is a relationship in which one person holds title to property, subject to an obligation to keep or use the property for the benefit of another." (Source: IRS.gov)
With a pet trust, you can leave money to be used for the care of your pet or other animal.
You put someone in charge of managing and spending it, following a written set of instructions that you provide. (ASPCA)
Ask a Question
Popular questions
What happens if you die without a will?
The American Bar Association's introduction to wills says: "If you die intestate (without a will), your state's laws of descent and distribution will determine who receives your property by default. These laws vary from state to state, but typically the distribution would be to your spouse and children, or if none, to other family members. A state's plan often reflects the legislature's guess as to how most people would dispose of their estates and builds in protections for certain beneficiaries, particularly minor children. That plan may or may not reflect your actual wishes." Wisconsin's intestate succession law is WI Statute ch. 852 "Intestate Succession".
Does a will need to be filed somewhere?
The Wisconsin Register in Probate Association website discusses filing of a will of a deceased person, as well as the option to deposit wills for safe-keeping with the Register in Probate where you reside. Learn more on their Wills FAQ.
What information should I provide the designated guardian and/or caretaker of my pet?
Some examples of information to include are habits, food preferences, medical conditions and medications taken, veterinary information and records, and behavior around other pets/people/children (ASPCA).
Laws
Additional statutes, regulations & opinions may apply to your specific situation. Search the Wisconsin statutes & administrative code online.
- WI Statutes: ch. 701 "Trusts"
- WI Statutes: ch. 881 "Trust Fund Investments"
- WI Statutes: ch. 852 "Intestate Succession"
- WI Statutes: ch. 853 "Wills"
Forms
The statutory form language used in the Wisconsin Basic Will and Wisconsin Basic Will with Trust can be read at the following statutes:
- Wisconsin Statute 853.55 "Wisconsin basic will"
See a PDF version of the form - Wisconsin Statute 853.56 "Wisconsin basic will with trust"
See a PDF version of the form
- Order a Wisconsin Basic Will
Wills printed by Wisconsin Legal Blank are available for purchase at our libraries. For cost and order information, see our forms for sale page for information on how to order by mail. This form uses the statutory form language linked above.
- Trusts / Wills Forms & Guides from Wisconsin Counties (WI State Law Library)
- Probate Forms (Wisconsin Court System)
County resources
Recommended links from our County Resources database:
- Resignation of Trustee (Marinette Register in Probate)
- Trust Termination Packet (Dane Register in Probate)
Research links
Wills
- Guide to Wills & Estates (American Bar Association)
- The statutory form language used in the Wisconsin Basic Will and Wisconsin Basic Will with Trust forms can be read at the following statutes:
- Estate Planning, Probate, and Wills (UW Law Library)
- Family estate planning in Wisconsin (UW Extension)
- Wills (WI Register in Probate Assoc.)
- Wills / Estate Planning Questions & Answers (State Bar of WI)
- Wills / Trusts Forms & Guides from Wisconsin Counties (WI State Law Library)
- Wills for Heroes (WI State Bar)
Trusts
- WisPact (Wisconsin Pooled and
Community Trusts)
Nonprofit Wisconsin corporation which establishes / manages trusts providing for special needs persons with disabilities. Site provides forms and information about available trusts. - Estates and Fiduciaries (WI Dept. of Revenue)
- Living Trusts
- Help for trustees under a revocable living trust (Consumer Financial Protection Bureau)
- What is a revocable living trust? (Consumer Financial Protection Bureau)
- Revocable Living Trusts: Answering Your Legal Questions (State Bar of WI)
Pet Trusts
County Resources
Recommended links from our County Resources database:
Legal Assistance
- Aging and Disability Resource Center
Local Phone: 608-637-5201
Toll-Free Phone: 888-637-1323 - Basic Estate Planning Clinic
(608) 243-2881 Helps low-income individuals prepare basic estate planning documents. Schedule and appointment information are on their website.
Guides
- Estates & Trusts (Fond du Lac Register in Probate)
Information, formal, special administration, summary assignment and settlement, transfer by affidavit - Termination of Testamentary Trust (Polk Register of Deeds)
Library books & articles
eBooks
- Page on Wills
KF 755 .P31
Books
- Bogert on Trusts
KF 730 .B65 -
Death in Wisconsin : a legal practitioner's guide to postmortem administration
KFW 2930 .W71 - Drafting effective wills and trusts
KFW 2544. A75 D72 - Eckhardts Workbook for Wisconsin Estate Planners
KFW 2540. E35 W67 - Estate planning basics
KFW 2544.A75 A43 2008 - Estate planning handbook for Native Americans
- Kove on Trusts
KF 730 .B66 - Methods of Practice
KFW 2930 .W613 - Page on Wills
- Available as an eBook!
KF 755 .P31 - Restatement of the Law of Trusts, Third, sec. 47 Trusts for Non-charitable Purposes
KF 395 .A1 T723 C6 - Scott on Trusts
KF 730. S3 T75 - Uniform Laws Annotated—Uniform Trust Code sec. 408: Trust for Care of an Animal
KF 165 .A5 L25 - Will contests
KF 755 .R68 W5 2020 - Wisconsin Practice vol. 15, Death in Wisconsin, sec. 10.51, Trust for the Care of an Animal.
KFW 2930 .W71 - Wisconsin trust code : with Legislative Reference Bureau analysis
KFW 2537.A3 W5 2015
Law Review Articles
- Children of Assisted Reproduction vs. Old Dynasty Trusts: A New
Approach
57 San Diego L. Rev. 301 (2020) - Estate Planning Metamorphosis: Wisconsin’s New Trust Code
87 Wis. Lawyer 6 (2014) - Inheritance on the Fringes of Marriage
2018 U. Ill. L. Rev. 235 (2018) - Making Pet Trusts Instruments of Settlors and Not of Courts
89 Or. L. Rev. 385 (2010) - Pets Put Their Trust in Us - Put Them in the Trust: Default Provisions that Protect Pets
36 Michigan Prob & Est Plan J 41 (2016) - Planning for Pets with Default Provisions, Thoughtful Questions, and
Compassionate Counseling
97 Mich. B.J. 28 (2018) - Unleash Creative Planning Ideas for Clients with Pets
42 Est. Plan. 10 (June 2015) - The Purpose Trust Has A New Purpose
33 Prob. & Prop. 40 (July/August 2019)