Will.com / Living trust / Wisconsin
WI · Revocable Living Trust
Make your Wisconsin living trust.
Skip probate, keep your estate private, and stay in control while you're alive. Legally valid in Wisconsin. Free to create, or add secure online document storage with the $29/year subscription.
Wisconsin living trust requirements
Special notes for Wisconsin
- Wisconsin's Marital Property Act means spousal property classification rules affect trust planning (Wis. Stat. §§766.58, 766.588)
- Spouses may use a marital property agreement to classify assets before transferring them into a trust
How it works
- 1
Answer a few questions
About your assets, trustees, and beneficiaries.
- 2
Download your trust
A complete, personalized revocable living trust, formatted for Wisconsin.
- 3
Sign and fund
Sign the trust. Fund it by transferring assets into its name (notarization strongly recommended if real estate is involved).
Signing a Wisconsin living trust
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Community property in Wisconsin
Wisconsin is a community-property state under Wis. Stat. §766.31 et seq. (Marital Property Act). Assets you and your spouse acquire during the marriage are presumed to be community property, owned 50/50, regardless of whose name is on the title. Adds an Article VI: Marital Property Provisions covering classification of marital property under Wisconsin's Marital Property Act, the surviving spouse's one-half interest, federal IRC §1014(b)(6) basis, and an explanatory subsection on Chapter 766's marital-property-agreement mechanics.
When you fund a revocable trust with community property, both spouses should sign as settlors so the character of the property doesn't change.
Funding Wisconsin real estate into the trust
To transfer Wisconsin real estate into your trust, you sign a new deed conveying the property from yourself to yourself as trustee, then record the deed with the Register of Deeds of the county where any deeded Trust property lies (Wis. Stat. §59.43) for the county where the property is located. The trust does not control real estate unless the deed transfer is recorded.
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