Wisconsin law can change parts of your estate plan without your knowledge. A divorce may cancel some gifts. A new spouse or child may receive a share that you never mentioned in your will. Consider these seven events as review points for your estate planning.
1. Marriage or Remarriage
Marriage doesn’t cancel a will that you signed while single. Under Wis. Stat. § 853.12, a spouse who is married after signing usually still receives a share of the probate estate, unless the will was drafted with the marriage in mind or the marital property agreement states otherwise.
Blended families feel this the most. If you want to protect children from an earlier relationship, the documents must say so clearly.
2. Divorce
Divorce triggers the most automatic changes, but not all at once.
- Wills and revocable trusts. Once the divorce is final, Wis. Stat. § 854.15 will revoke most gifts to your former spouse and their relatives, as well as their appointment as personal representative or trustee.
- Health care power of attorney. Under Wis. Stat. § 155.40, a spouse-agent loses that role only when a divorce is granted. While a case is pending, they can still make medical decisions on your behalf.
- Financial power of attorney ends sooner, generally when a divorce or legal separation is filed. Unless the document says otherwise, according to Wis. Stat. § 244.10.
- Employer retirement plans and group life insurance are a trap. Federal ERISA rules can override Wisconsin’s statutes, so an ex-spouse can still collect.
3. A Child or Grandchild Joins the Family
If you name each child individually, later children may be left out. Wisconsin Statute § 853.25 often gives a share to an omitted after-born or adopted child, but the formula may not match your wishes.
Parents of young children also need to name a guardian in their will. Without one, the judge decides who will raise them.
4. Your Child Turns 18
At 18, your child becomes a legal adult and you lose automatic access to their medical records and decisions. Before they go to college, we recommend that you have them sign the following documents:
- A power of attorney for healthcare – This document gives you the authority to make healthcare decisions on their behalf in case of an emergency.
- A financial power of attorney – This document allows you to handle their financial affairs, such as bank accounts and leases.
- HIPAA authorization – This is necessary for doctors to be able to communicate with you about their health.
If you don’t do this, in the event of a medical emergency, you may need to go through the court system to get guardianship over your child.
5. Someone Named in Your Plan Dies, Gets Sick, or Drifts Away
Check every name in your documents: personal representative, trustee, guardian, agent, and beneficiary. People age and relationships change. If a beneficiary dies first, the Wisconsin anti-lapse rule (Wis. Stat. § 854.06) may transfer that gift to their descendants, which is not always what you would want.
6. You Move to or From Wisconsin
Wisconsin generally honors a validly signed will (Wis. Stat. § 853.05). Property law is a bigger issue. The Wisconsin Marital Property Act treats spousal assets differently from most states, and property brought here may be treated as deferred marital property at death. Leaving Wisconsin creates the reverse problem.
7. Your Assets or the Tax Law Change
Starting a business, receiving an inheritance, or buying a lake house in another state – all of these change what your plans need to handle. Out-of-state real estate may require a second probate if not titled correctly.
Federal tax law has also shifted. The One Big Beautiful Bill Act raised the federal estate tax exemption starting January 1, 2026, and removed sunset clauses from many plans that were built around it. Wisconsin does not have an estate tax. Older trusts with formula clauses can now divide assets in ways that nobody intended.
Review Your Plan With Collins Law Firm
If any of these events have happened since you last reviewed your estate plan, it’s time for a fresh look. Collins Law Firm works with your financial planner, accountant, and insurance professionals to create a plan based on your values and walks you through all the options so you can stay involved.
Contact Collins Law Firm to schedule a review of your estate plan and make sure it still protects the people you worked so hard to protect.