When is the last time you checked your Estate Planning Documents?

Published on

November 6, 2025

There is an old song by Garth Brooks called “If Tomorrow Never Comes”. In the chorus, it starts by saying, “If tomorrow never comes will she know how much I loved her?” A good follow up question, although less sentimental, is “will she know where my original estate planning documents are located and are they up to date?”

All joking aside, it is not uncommon to meet with a client who is unsure of where the original documents are or when the last time they were updated. This can cause considerable issues if “tomorrow never comes." I have handled multiple cases where the children could not find the original Will or all they had was an Amendment/Codicil, but not the original document. In other cases, they have a Trust and an Amendment which states that it has been amended several times, but they are missing one or more of the other Amendments. If you have the original trust and Amendment No. 5, where are Amendments1-4? Or sometimes the only copies they have of any documents are unsigned.

Heirs often ask if those unsigned documents can be used in Court to show the person’s intent. Some even go as far as to ask whether they can use the planning documents that an attorney drafted but were never signed by their parents. It is important to make sure that the people you have named in your planning know where your documents are and that those documents are the authentic original copies of your plan. It is not sufficient to email copies of your planning to your children or tell them that you have a copy saved on your computer. While this may work for some forms of planning, it will make it much more difficult.

1. What happens if you can’t find your original Will in Wisconsin?

There are some instances in which a Will can be ‘proven up’ in Court, but there is a presumption under Wisconsin law that if the original Will cannot be found, thenit was destroyed with the intent to revoke it. In my experience, that is usually not the case, but it can be difficult to overcome that presumption in a Wisconsin Court, particularly if one or more party objects to the Will. Under the Wisconsin estate laws, if the original Will is lost, it must be ‘proven up’ by testimony and other evidence of its contents and execution. If the drafting attorney is no longer practicing, or if the witness signatures aren’t legible and you can’t locate anyone who directly saw the signing of the Will, it will be almost impossible.

2. What happens in Wisconsin if you do not retitle assets to a Trust or designate beneficiaries on an account?

A second common issue that arises when an estate plan is not monitored and reviewed from time to time is that, depending on the type of planning, it may be important to retitle or designate your bank accounts, real estate, business entities, and other assets in a specific way so as to avoid probate. I have seen instances where a client has a Trust, yet all of their bank accounts and other assets are designated by Payable on Death (POD) or Transfer on Death (TOD) designations to various beneficiaries. In that case, the terms of the Trust will not be followed, and the Trust may not have sufficient funds to complete any gifts designated in the Trust and it may leave the Trustee scrambling to scrape together enough money to pay for final bills, funeral expenses, etc. Many of these instances are honest mistakes—for instance a bank teller might try to be helpful by suggesting POD designations, not knowing the client has a trust. Some of these instances can be a little more sinister, however, such as a child persuading a parent to add the child as a joint owner on an account “for convenience” knowing that the account then passes to that child upon death.

3. How often do estate planning documents need to be updated in Wisconsin?

Many people view estate planning documents as a ‘one and done’ project. That is simply not the case. Like most things in life, estate planning should be maintained from time to time just as your car needs an oil change, or your HVAC air filters need to be replaced. These updates ensure that once every several years you are physically touching your documents, reviewing them with your counselor, ensuring that they still meet your specific needs and accomplish your goals, and that your assets are titled or designated in the proper manner. This is why we recommend clients review their documents with their attorney every 2-3 years, or any time there is a major life update, such as a birth or death in the family.

Next Steps

If you would like to review your estate planning documents, or confirm that they are in good order, the estate planning attorneys at the Schloemer Law Firm would be happy to assist you. Please contact this article’s author Isaiah M. Richie at isaiah@schloemerlaw.com or one of our estate planning attorneys at 262-334-3471 or email us at info@schloemerlaw.com. You can also learn more about our estate planning services, including our process and fees, at https://www.schloemerlaw.com/legal-services/estate-planning

Originally published: November 6, 2025

When is the last time you checked your Estate Planning Documents?

1. What happens if you can’t find your original Will in Wisconsin?

2. What happens in Wisconsin if you do not retitle assets to a Trust or designate beneficiaries on an account?

3. How often do estate planning documents need to be updated in Wisconsin?

Next Steps

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