I am getting married and we both have property in Wisconsin. If something happens to us what can I do to assure my children receive my property and her children hers?

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I am getting married and we both have property in Wisconsin. If something happens to us what can I do to assure my children receive my property and her children hers?

We both own our properties outright. My children live in mine and she
has a renter in a portion of hers.

Asked on October 3, 2019 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need both pre-nuptual agreements, to ensure that you each give up any marital rights in the others property, and wills clearly leaving the property to whomever (i.e. your children) you choose to leave it to. The same attorney should be able to draw up all these agreements for you, since this is not adversarial situation (you evidently both agree on what should be done). At the same time, you may wish the lawyer to draw up the other useful or recommended agreements: powers of attorney and health care proxies/living wills. These will help make sure that if one of you becomes incapacitated, the other can make decisions and manage affairs for him/her.


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