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Revocable Living Trust in Wisconsin

A revocable living trust is a legal document that holds your assets during your lifetime and distributes them after your death. In Wisconsin, it helps you avoid probate, maintain privacy, and plan for incapacity. You can change or cancel it anytime.

Revocable Living Trust requirements in Wisconsin

  • Be at least 18 years old and of sound mind.
  • Decide on a trustee (you can be your own trustee) and a successor trustee.
  • List your assets and transfer ownership to the trust (funding).
  • Sign the trust document in front of a notary public (not required by Wisconsin law for validity, but highly recommended for real estate).
  • For real estate, record the deed with the county register of deeds to transfer title.
  • Provide a trust document that names beneficiaries and distribution instructions.

Ready to create your revocable living trust in Wisconsin? Use a trusted template or consult a local estate planning attorney to get started today.

Create your revocable living trust

How to create a Revocable Living Trust in Wisconsin, step by step

  1. Outline your goals: who gets what, and who manages the trust.
  2. Choose a successor trustee – someone you trust to manage assets if you become incapacitated or pass away.
  3. Draft the trust document – use a living trust template or hire an attorney.
  4. Sign the document in the presence of a notary (recommended).
  5. Fund the trust – retitle bank accounts, investments, and real estate into the trust's name.
  6. Store the original trust document safely and inform your successor trustee.

Cost considerations

In Wisconsin, DIY living trust templates range from $50 to $200. Hiring an attorney typically costs $1,500 to $3,000 or more, depending on complexity. Remember to budget for transferring assets, like recording fees for real estate.

Before You Begin: WI Revocable Living Trust Checklist

Prepare essentials and understand Wisconsin's rules to create a valid revocable living trust smoothly. This checklist helps you gather what's needed and avoid common mistakes.

  • List all assets: real estate, bank/investment accounts, personal property, and life insurance (if owned by the trust).
  • Decide on a trustee and successor trustee; choose a reliable adult or institution. You can be your own trustee while alive.
  • Draft a trust document (or use a template) that includes your name, trustee, beneficiaries, and how to manage assets if you become incapacitated.
  • Sign the trust document in front of a notary public—because Wisconsin requires notarization for a valid trust, though witnesses are generally not required.
  • Fund the trust by transferring asset titles (e.g., real estate deeds, account registrations) into the trust's name; unfunded trusts don't avoid probate.
  • Keep a signed original in a safe place, and let your successor trustee know where it is; do not store it in a safe deposit box to which they may lack access.

Common questions

Do I need a lawyer to create a revocable living trust in Wisconsin?

No, you can use a living trust template or online service. However, an attorney ensures your trust is legally sound and correctly funded, which is critical for avoiding probate.

What's the difference between a revocable living trust and a will?

A will goes through probate – a public, court-supervised process – and becomes effective only after death. A revocable living trust avoids probate, is private, and can manage your assets if you become incapacitated.

Can I be the trustee of my own revocable living trust?

Yes. In a revocable trust, you retain full control and can manage assets as trustee. You also name a successor trustee to take over if you can't or pass away.

How do I fund my Wisconsin revocable living trust?

You must transfer ownership of your assets to the trust. For bank accounts, change the account title. For real estate, record a deed with the county. If you skip funding, the trust won't work.

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