Plan for the people you love

Absolutely. Estate planning is not just for the wealthy. It is for anyone who wants a say in what happens to their loved ones, their property, and their healthcare if something unexpected occurs.

Many people assume that because they do not have a large estate, they do not need a Will, Trust, or other estate planning documents. In reality, estate planning is about much more than money.

A basic estate plan allows you to:

• Decide who will receive your assets, no matter their value.
• Name a guardian for your minor children.
• Choose who will make financial decisions for you if you become incapacitated.
• Appoint someone to make healthcare decisions if you are unable to communicate your wishes.
• Avoid confusion, family conflict, and unnecessary court involvement.

Without an estate plan, Wisconsin law determines who inherits your property and who may be appointed to manage your affairs. Those default rules may not reflect your wishes or your family's unique circumstances.

Even if your assets consist of a home, a vehicle, retirement accounts, personal belongings, or a modest bank account, having a plan in place can provide clarity and peace of mind for the people you care about most.

At Rebecca Mason Law, we believe estate planning is not about the size of your estate. It is about protecting your family and making sure your voice is heard when it matters most. Whether you are just starting out, raising a family, approaching retirement, or anywhere in between, having a thoughtful estate plan is one of the most important gifts you can leave to your loved ones.

The question is not whether you have enough money to justify an estate plan. The better question is whether you want the State of Wisconsin to make these important decisions for you. For most people, the answer is a clear "no."

One of the most common questions we hear is, "What is the difference between a Will and a Revocable Living Trust?" While both are important estate planning tools, they serve different purposes and offer different benefits.

A Will is a legal document that directs how your assets should be distributed after your death. It also allows you to nominate a guardian for your minor children. However, a Will does not avoid probate. Instead, the Will must be filed with the probate court, and the court oversees the process of gathering assets, paying debts, and distributing property to beneficiaries.

A Revocable Living Trust, on the other hand, is a legal entity you create during your lifetime to hold and manage your assets. In most cases, you serve as your own Trustee while you are alive and able to manage your affairs. Because the Trust owns the assets, those assets can pass to your beneficiaries without going through probate when you die.

Some of the key advantages of a Revocable Living Trust include:

• Avoiding probate for assets properly titled in the Trust.
• Providing privacy, since Trust administration is generally not part of the public court record.
• Allowing for a smoother transition of asset management if you become incapacitated.
• Offering greater flexibility for managing assets for children, beneficiaries with special needs, or beneficiaries who may need additional protection.

It is important to understand that a Trust is not a substitute for a complete estate plan. Even individuals with a Revocable Living Trust should have a Will, along with powers of attorney and healthcare documents, to ensure all aspects of their plan work together.

So which is right for you? The answer depends on your family, your assets, and your goals. For some individuals, a Will-based plan provides the protection they need. For others, a Revocable Living Trust offers significant advantages by avoiding probate and simplifying the administration process for loved ones.

At Rebecca Mason Law, we help clients understand their options and create estate plans tailored to their unique circumstances. The best estate plan is not necessarily the most complicated one. It is the one that accomplishes your goals and provides peace of mind for you and your family.

When you call or email our office, we will work with you to schedule the initial consultation. We typically book 2 to 4 weeks out from your initial contact.

We will send you an intake form and ask that you complete it prior to the initial consultation. It is also helpful, but not necessary, for you to bring in documentation for your financial accounts, beneficiary designations already in place, and/or old estate planning documents.

Your initial consultation will be with Attorney Mason. It is typically an hour-long meeting where you review the intake form, documents you brought in, if any, and discuss your goals and concerns and brainstorm various possibilities for your plan.

You will not be asked to sign anything or pay any money at that initial meeting. Attorney Mason follows up with a letter summarizing the documents you discussed including in your plan. If you decide to move forward, you sign and return the letter as the contract for your estate planning services.

The signing date is scheduled for approximately four weeks following that first meeting. You will receive your drafts about one week before the signing date with areas highlighted to draw your attention to specific parts of the documents. It is helpful if you call or email the office ahead of the signing with any significant changes.

We schedule a full hour for the signing so that there is time for Attorney Mason to address any questions or concerns prior to signing. We want to make sure that you are comfortable with the documents you are signing and confident in the decisions you have made for your planning.

Yes. While a majority of our clients are in the Racine and Kenosha areas, we have clients in Oak Creek, Milwaukee, and Madison. Our office is physically located in downtown Racine. If you are in southeastern Wisconsin, it is typically easier if you come to the office to sign your documents. We do have an off-site location we use for signings in Madison.

Whether you have to go through probate in Wisconsin depends on how your assets are owned and whether you have taken steps to avoid the probate process.

Probate is the court-supervised process of transferring a deceased person's assets to their beneficiaries, paying debts, and resolving any outstanding legal matters. While probate is sometimes necessary, not every estate must go through a formal probate proceeding.

In Wisconsin, assets that pass directly to a beneficiary generally avoid probate. Examples may include:

• Life insurance policies with named beneficiaries.
• Retirement accounts with designated beneficiaries.
• Payable-on-death (POD) or transfer-on-death (TOD) accounts.
• Assets owned by a Revocable Living Trust.
• Jointly owned property that passes automatically to a surviving owner.

On the other hand, if a person dies owning assets solely in their name without beneficiary designations or other probate-avoidance planning, probate may be required to transfer those assets to the rightful heirs.

It is also important to know that Wisconsin offers simplified procedures for certain smaller estates. If the assets involved amount to less than $50,000, your family may be able to use a Transfer by Affidavit rather than a full probate proceeding.

Many people choose to create a Revocable Living Trust as part of their estate plan specifically to minimize or avoid probate. However, probate avoidance is not the only consideration when creating an estate plan. Factors such as family dynamics, beneficiary protections, incapacity planning, and long-term goals are also taken into consideration.

The best way to determine whether your estate will require probate is to review how your assets are currently titled and how they will pass at your death. At Rebecca Mason Law, we help individuals and families understand their options and develop estate plans designed to make things as simple as possible for their loved ones.

A common misconception is that probate is unavoidable. In reality, with proper planning, many Wisconsin families can avoid the probate process.