Aug 26, 2025

While some families talk openly about everything, others rarely discuss personal matters. Estate planning is not exactly a fun family dinner conversation. Depending on your family dynamics, talking about estate planning can feel uncomfortable or even morbid. However, estate planning is not just about death or dividing assets. It’s about protecting the people you love, honoring their wishes, and reducing stress and confusion during difficult times. Without an estate plan in Wisconsin, decisions about healthcare, finances, and assets will require court involvement. If you are the person who may be responsible for carrying out a loved one’s wishes, this is a conversation you can’t afford to avoid. Understanding the essential components of estate planning can help make your discussion more productive and meaningful.

POWER OF ATTORNEY

Estate planning goes beyond deciding who inherits your assets. It’s about protecting your future. Creating a Power of Attorney ensures that someone you trust can make important decisions if you become unable to do so. In the state of Wisconsin there are two main types of Power of Attorney.

A Power of Attorney for Healthcare lets you choose who will make medical decisions on your behalf if you're incapacitated. Without a Power of Attorney for Healthcare, even your spouse can't legally act for you. Your family will face a lengthy court process to appoint a guardian before decisions can be made.

A Power of Attorney for Finances allows someone you designate to manage your financial affairs such as paying bills, handling bank accounts, selling property, or overseeing a business. Without a Power of Attorney for Finances, your loved ones must petition the court for guardianship, which can lead to costly delays and added stress.

Having both types of Power of Attorney in place avoids court involvement and ensures that critical healthcare and financial decisions are made promptly and according to your wishes.

LAST WILL & TESTAMENT

A Last Will and Testament outlines how your assets are distributed after death and names a personal representative to carry out your wishes. A Will can also name a guardian for minor children. Without a Will, the court will make these decisions for you according to state law. This can be especially problematic for blended families, where the division of assets between your surviving spouse, biological children and stepchildren may not align with your wishes. While probate may still be necessary, a Will can simplify the probate process and provide your loved ones with clear guidance. Creating a Last Will and Testament ensures your wishes are honored rather than leaving the decisions up to the courts.

REVOCABLE TRUST

A Revocable Trust is an advanced estate planning tool that allows you to name a trustee to manage and distribute your assets after death without court involvement. A Revocable Trust offers a variety of benefits depending on your circumstances. For blended families, a Trust can clearly define how assets are shared among your spouse, children, and stepchildren, helping prevent disputes and unintended outcomes. If you own real estate in multiple states, a Revocable Trust can help you avoid probate in each location. If you have a special needs beneficiary, a Trust can allow you to provide for them without jeopardizing their eligibility for government benefits. A Revocable Trust can avoid probate court while providing clarity, control and protection for families.

ACCESS TO ESTATE PLAN

Once your estate plan is created, make sure your loved ones know where it is and have access to it. Consider storing your estate planning documents in a fireproof safe or with your estate planning attorney. It is also helpful to keep other important records such as property deeds, financial account information, and insurance policies organized in one place. Having everything organized and easy to find can reduce confusion and stress for your loved ones during an already emotional time.

TIME TO PLAN

Many people mistakenly believe estate planning isn’t necessary or can be put off. However, waiting until it is needed often means waiting until it is too late. Once someone becomes incapacitated, they lose the legal ability to create or revise their estate plan. At that point, families are forced to go to court without your guidance. This can lead to confusion, conflict, and added stress during an already difficult time. Creating an estate plan now ensures your wishes are honored and provides your loved ones with clarity and direction when they need it most.

FREE CONSULTATIONS

Talking to loved ones about estate planning may not be easy, but it can prevent confusion, conflict, and unnecessary stress down the road. What matters most is starting the conversation with care, concern, and a genuine desire to help. Sharing this blog post can be a gentle way to open the door to a deeper discussion. If your loved one hasn’t created an estate plan, encourage them to speak with a qualified attorney who can guide them through the process. At Pedersen Law Office, LLC, we offer free consultations to discuss your circumstances and goals, helping you plan for your family’s future with clarity and confidence. Our law office proudly serves the communities of Appleton, Kimberly, Kaukauna, Menasha, Neenah, Oshkosh, Green Bay, De Pere, and the surrounding areas.