Legal Question in Wills and Trusts in Wisconsin

Re: Moving to Wisconsin - Trust originated in Illinois

It's not what we don't know that causes trouble -- it's what we know that isn't so.

Let's start with Illinois. If a man dies his wife may renounce a will leaving property to others and take half the probate estate. However, if he actually transfers the property to the trust and keeps it separate, that's not part of the probate estate and not subject to the right.

Wisconsin is a community property state. Community property does not apply to property owned before the marriage as long as it is not mixed in with the community property -- again, keep the trust separate. Furthermore, it doesn't apply to property acquired before moving into the CP state.

Here is the ticklish point -- in many community property states that's the only spousal protection. If it isn't community property the spouse has no rights. I cannot speak for Wisconsin. You mentioned a pre-nup. That's usually good but again I can't speak for Wisconsin. Although I *think* your father is safe I would recommend to any client of mine in that situation that they have the matter reviewed by a Wisconsin attorney.