[WI] Are my estate planning documents correctly completed?
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When using boilerplate Wisconsin documents, the attorney review focuses on statutory compliance and making sure the terms reflect your intent. For example, in a Will, we review execution, witness requirements, distribution language, and executor names (Wis. Stat. § 853.03). In a POA, we look at which powers you’ve granted and whether they make sense—like personal and family maintenance or gifting powers (§ 244.44).
You’re correct that if your sons and their families are financially sound, you don’t need to authorize the agent to support them or make gifts. Those powers are usually only granted in specific planning situations.
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I followed the Wisconsin boilerplate for all documents: the Last Will and Testament, Durable Financial Power of Attorney, and the Living Will (Declaration). What parts do you typically review?
Have you already filed them, or are you still finalizing?
I’m finalizing them and making sure they’re correct for Wisconsin.
Anything else the lawyer should know?
On the Financial Power of Attorney, it looks like the “Personal & Family Maintenance” power shouldn’t allow the agent to take care of family members. Is that typical, since my sons and their families are financially stable? Also, should I avoid giving my agent the power to make gifts after I die?
When using boilerplate Wisconsin documents, the attorney review focuses on statutory compliance and making sure the terms reflect your intent. For example, in a Will, we review execution, witness requirements, distribution language, and executor names (Wis. Stat. § 853.03). In a POA, we look at which powers you’ve granted and whether they make sense—like personal and family maintenance or gifting powers (§ 244.44).
You’re correct that if your sons and their families are financially sound, you don’t need to authorize the agent to support them or make gifts. Those powers are usually only granted in specific planning situations.
I also declined to allow my agent to manage Insurance and Annuities. I have a retirement annuity from the State of Wisconsin. Does that cause any problem? Sorry—I hit return a few times by mistake. My agent (Ryan) lives in Utah and my alternate agent (Christopher) lives in Connecticut. Can I email them the documents to sign and have them return them without a pen?
No worries. In Wisconsin, you sign estate documents in ink with the proper witnesses and/or notary. Initialing each page isn’t legally required—it’s optional. Your agents do not need to sign the POA now for it to be valid. If they ever must sign an acknowledgment, it must be a real signature. Emailing a typed signature is not valid unless proper electronic notarization rules are followed. The original signed documents are what matter.
What are your thoughts on not allowing my agent to handle Insurance and Annuities?
That’s a broad power. If you’re satisfied with your current annuity and don’t foresee the agent needing to modify it, you lose nothing by excluding that authority. Many people leave that power out unless they need asset-shifting flexibility.
Thanks, I agree. I think everything is ready for final signatures and notary. If something comes up, how can I contact you?
You can reach me anytime through AskaLawyer. Feel free to request me directly in a new question. Thank you!
