Legal Question in Wills and Trusts in Wisconsin

cosideration of living trust

Hello. I live in Wisconsin. And I'm thinking about establishing living trust. But I red on internet on internet that living trust may be considered ''void'' in Wisconsin because all three interests-granter, trustee,and beneficiary- ''merge''and therefore this trust has no legal significance. My question is should my husband do this trust for me or it is pointless because we live in Wisconsin? Thank you very mach for your answer.


Asked on 1/22/09, 7:12 pm

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: cosideration of living trust

Revocable Trusts are alive and well in Wisconsin! And one may be right for you. If you were to die or become disabled, you�d want your dependents to be financially secure. And you�d want someone to manage or distribute your assets just as you would yourself, if you could. The only way to assure these outcomes is to do estate planning. often using a revocable trust.

But a revocable living trust is but one of several estate-planning tools. You can read about others in the State Bar of Wisconsin's pamphlet, "Answering Your Legal Questions About Wills/Estate Planning."

Should a revocable living trust be part of your estate plan? No simple guidelines exist to answer that question. People with various levels of wealth and in different circumstances may, or may not, find a revocable living trust useful.

Your legal or financial adviser can help you decide whether this option is right for you. The State Bar pamphlet answers several questions to provide you basic information.

Note: This brochure uses the word �property� throughout. Sometimes people confuse �property� with �land.� But property, as used there, refers to land, buildings, money, investments, and other possessions.

For a good summery with a link to the State Bar of Wisconsin brochure go to:

http://www.legalexplorer.com/legal/legal-QA.asp?PositionPoint=29&Sid=32#sub

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Answered on 1/23/09, 9:41 am


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