Probate and Trust Law Evolution — Many states have modernized their probate procedures, creating new options for small estates or streamlining the process for all estates. In Wisconsin, the last major reform of probate law happened over 25 years ago. Although there’s much to be said for this stability, parts of our probate code may be due for updates. For example, the legislature could feasibly increase its small estate affidavit threshold—currently, $50,000. If this happens, some assets you had previously placed in a trust merely to avoid probate might no longer need to stay there.

Trust law also continues to evolve, and Wisconsin residents have seen significant changes since our state adopted the Uniform Trust Code (UTC) in 2014. This modernization brought Wisconsin in line with most other states, clarified many gray areas in trust administration, and added many new provisions. For instance, Wisconsin law now permits directed trusts that allows you to appoint different people to handle investments and distributions. If you created your trust before 2014, these changes might offer opportunities to streamline administration, reduce costs, or better protect your beneficiaries.

Digital Assets and Healthcare Directives — Wisconsin adopted a new law in 2016 fundamentally changing how your executor or trustee can access your online accounts and cryptocurrencies. Before this law, tech companies could legally block your fiduciaries from accessing your digital life. Now, Wisconsin law allows access, but only if your will or trust specifically authorizes it. If your documents predate 2016, they probably lack this critical language, potentially locking your executor out of valuable accounts or online businesses.

Wisconsin has also updated its healthcare directive laws, particularly with POST (Physician Orders for Scope of Treatment) forms—those bright green forms that complement your advance directive. If your power of attorney for healthcare predates Wisconsin’s 2014 updates, it might not include current language about important issues like mental health treatment, dementia care preferences, or organ donation.

Red Flags Your Documents Need Review — Consider scheduling a legal review if any of the following apply to you:

• You’re unsure whether recent tax law changes affect your plan

• More than 3 years have passed since your last estate plan review

• You created your documents in a different state

• Your estate plan relies heavily on specific tax thresholds

• Your documents don’t mention digital assets

Cost of Inaction — Failing to update your estate plan for legal changes can actively harm your estate. Outdated tax planning could trigger unnecessary taxes. Obsolete trust provisions might needlessly restrict your trustees. Invalid healthcare directives could leave you without a voice when you need it most.