Lawyers, Answer Questions  & Get Points Log In
Wisconsin Probate Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Wisconsin on
Q: My mother-in-law died 2 weeks ago without a will. Wondering about selling her home & claims from Medicare.

Her spouse is deceased & my spouse is her only living child. Her mobile home has a fair market value of $25K but we will end up selling for $13K & have a willing buyer. The home is paid off & there are literally no other assets. She most likely has up to $10K owed through medicare... Read more »

Thomas B. Burton
Thomas B. Burton answered on Sep 10, 2021

Yes, you are correct you can use the Transfer by Affidavit method to transfer the mobile home if the total probate assets of the deceased subject to administration are less than $50,000. There is a section on the Transfer by Affidavit where you must send notice to the Estate Recovery Program via... Read more »

1 Answer | Asked in Probate for Wisconsin on
Q: My husband passed away 18 months ago, without a will. We were married almost 21 years. We bought a mobile home in

We bought a mobile home only his name was on the title. I'm trying to sell the house now but was told by the realtor to contact a probate lawyer to see if I have the right to sell. The mortgage company has me sign a form starting I would be taking over the mortgage

Thomas B. Burton
Thomas B. Burton answered on Jul 15, 2021

Hello, I am sorry to hear about the passing of your husband. If his name alone was on the title, then you may need to pursue a probate court action to get the mobile home titled in your name before you can sell or transfer title. If the total probate assets held in your husband's name are less... Read more »

2 Answers | Asked in Estate Planning and Probate for Wisconsin on
Q: If a will is signed by the testator on one date and the witnesses on a different date is the will still good?

will created and signed in California for a now Wisconsin resident

Charles E. Hutchinson
Charles E. Hutchinson answered on Jul 8, 2021

That depends on certain situations. In general, for a will, the witness must be present when witnessing the signing and also sign indicating that they witnessed the signing. However, during the Pandemic, the Governor of Illinois issued and executive order (2020-14) which allowed for the use of... Read more »

View More Answers

1 Answer | Asked in Probate for Wisconsin on
Q: My mother passed away and named my brother as representative. What happens if I don't consent to him?

I have no reason to believe that he will treat me fairly, In fact he has threatened me physically and wont let me in her house, yet he and my sisters have ransacked her house.

Thomas B. Burton
Thomas B. Burton answered on Jun 29, 2021

It sounds like your brother send you a Waiver and Consent for informal probate, to allow the Will to be admitted to probate and to consent to his appointment as Personal Representative under an informal administration. If you do not sign the Waiver and Consent, then he cannot be appointed as... Read more »

1 Answer | Asked in Probate for Wisconsin on
Q: As the executor and beneficiary of my late fathers will. That has already been through probate.

Do I need to show a copy of the will to the bank?

Thomas B. Burton
Thomas B. Burton answered on Mar 12, 2021

I would need to know more details to answer this question correctly, but generally, you are required to file the Will with the Probate Court in the County where the decedent died within 30 days of your knowledge of their death. This is required to begin opening a probate action in that County. If... Read more »

1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: What are the steps to file Mom's will with Wisconsin probate? It is a pour over will.
Thomas B. Burton
Thomas B. Burton answered on Mar 9, 2021

Hello, if it is a Pour Over Will it sounds like it was designed to be used with a trust. So first I would examine all of the assets and see if there are any that have not already been titled in the name of the trust. All assets that were placed inside the trust do not need to go through probate, as... Read more »

1 Answer | Asked in Probate for Wisconsin on
Q: My question is we are dealing with the Medicaid estate recovery.

My mom just passed away and we most likely will not be going through probate as most of her assets are either pod or joint with one of her children and the balance left will be under $50,000. So, do we need to get info on the Medicaid estate recovery since my dad used some title 19 funds. How do we... Read more »

Thomas B. Burton
Thomas B. Burton answered on Jan 19, 2021

If you use the Transfer by Affidavit, used for small estates with total probate assets less than $50,000 there is a requirement to send a copy to the DHS Estate Recovery Program by Certified Mail before you can transfer any assets under the Affidavit. Generally, the Estate Recovery Program will... Read more »

1 Answer | Asked in Probate for Wisconsin on
Q: My sister-in laws boyfriend left her some money in his will. She passed away prior to him.

The will stipulates that my sister-in-laws daughter (my niece) was to receive these funds when she turns 30 if my sister-in-law were to pass away.

Probate just settled in WI last month and my Niece has now passed away also. with no alternatives listed in the will would my niece's 2... Read more »

Thomas B. Burton
Thomas B. Burton answered on Dec 9, 2020

You will have to examine what the Will says happens if your niece passes away before she reaches age 30. It may say that the gift "lapses" which would mean it goes away if the person dies, or it may say that then the gift gets added back to the corpus of the estate and distributed to the... Read more »

1 Answer | Asked in Probate for Wisconsin on
Q: My daughter's father left her some money we spent it before her 18th birthday. Now what is probate court going to do.

I am suppose to show proof that the money is in a account but my daughter and I spent the money..Now probate court keeps calling me and I don't know what to do

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

You need to immediately retain an estates attorney to discuss your obligations to account for this money. Your exposure here may depend on how you spent the money. For example, if you spent the money for your daughter's health, education, support, etc. then you may not have a problem. But a... Read more »

1 Answer | Asked in Estate Planning, Consumer Law and Probate for Wisconsin on
Q: Mom passed away June 2020 with only $300 in her checking & a car loan.

She had a car loan that was upside down. It has been repossesed already. The bank is saying we (me & my 2 brothers) will owe the difference of what they get at auction & what she owed. None of us were on the loan with her, it was solely hers. Do we actually have to pay that? Keep in mind... Read more »

Thomas B. Burton
Thomas B. Burton answered on Nov 18, 2020

The good news about death, is that the debts of the decedent die with them. I am sorry to hear about the loss of your mother. Any debts she owed at her death would be owed by her estate. So if she only had $300 total to her name and that is the total amount in her estate, this is the limit of what... Read more »

1 Answer | Asked in Probate for Wisconsin on
Q: What happens to Wisconsin probate if exceeds 18 months and no reason from attorney for extension as everything is done?

Stepdad's brother passed March 2019 with no will. He has 5 siblings of which another has passed since. Sister was appointed as personal representative. All notices, disclosures and closing statement have been filed now for months. They cannot get attorney to respond to email and they are... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 21, 2020

The PR can fire the non-responsive attorney and hire another one. Another option is to file a complaint with the state bar regarding the attorney’s non responsiveness.

1 Answer | Asked in Real Estate Law and Probate for Wisconsin on
Q: How do I get dads house titled in my name when he died in 1988 and I have lived there ever since and taxes come care of

Dad had no will and I have been living there and paying taxes that come in his name in care of me. My brothers and I split everything and i got the house but never got the deed changed and now i am older and need to get it in my name.

Thomas B. Burton
Thomas B. Burton answered on Oct 12, 2020

Hello, I think you are going to need to work with a probate attorney, to get the house transferred from your Father's name to your name. If there was a probate when he died, the deed to the house should have been changed at that time. If you inherited the house via deed, there may be a way to... Read more »

1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: My dad died 6 years ago & his house is still in his name even though I live in it. How do I get it in my name w/out atty

I have my dad's Will. It names me and both my brothers as the homeowner's in the event of his death. My brother's want to quit claim deed their share to me since I live in the house and need to get it in my name to get homeowner's insurance on it. I was told it has to go through... Read more »

Thomas B. Burton
Thomas B. Burton answered on Aug 5, 2020

I am sorry to hear about your father's passing. I would suggest either saving up the money to hire an attorney to help you get the house through probate, or attempting to open the probate process on your own. If the real estate has value (presumably it does since you want to get the house into... Read more »

1 Answer | Asked in Real Estate Law and Probate for Wisconsin on
Q: What is the best way to set things up for if I pass before he does?

I purchased a home before I meet my husband. The deed and loan are in my name only. I would like for things to just go to him so he has a home with our children.

Thomas B. Burton
Thomas B. Burton answered on Jul 20, 2020

There are a couple of ways you can go about this. Depending on how the title to the deed reads now, you could pass this to your husband via deed, or via your Will or Trust at death. Doing it in your estate plan (Will or Trust) may make sense, because you still have a mortgage on the property, and... Read more »

1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: So my grandfather died and left money to all of his grandchildren; including me. I was a minor at the time.

So my grandfather died and left money to all of his grandchildren; including me. I was a minor at the time.

My mom quicky brushes it away after I talk to her. She says I will get it when I'm 25. (I'm 22 now.) On the court document it says *my brothers name* on behalf of me- waived... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 22, 2020

Hire an attorney right away. I have seen this scam before. After a period of time the statute of limitations expires and you lose your right to claim the money that was stolen by a relative that was supposed to turn over the money to you. You are an adult now and have the right to see all of the... Read more »

2 Answers | Asked in Probate for Wisconsin on
Q: My mom passed away on January 20, 2020. She has no will, or no one named as her executor of her estate. What should I do

My mom has three children. Oldest is an addict, and have warrants in another state. Second child is currently incarcerated. How can I legally become executor of my mothers estate so I can carry out her wishes?

Nina Whitehurst
Nina Whitehurst answered on Feb 4, 2020

File a petition to be appointed as the personal representative of her estate. Chances are nobody will object and you will be appointed.

View More Answers

1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: Is it normal to pay yourself a wage for working on the estate?

To save on costs, us 4 siblings are doing the house clean up, painting, items inventory to be sold off. One sibling has been keeping track of the hours worked on the estate (but hasn’t asked us to do the same, but claims she has been keeping track for us) doing all this and wants to pay us all an... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 12, 2020

You can do that if you all agree but keep in mind that by doing so you are converting tax free inheritance money into taxable ordinary income.

1 Answer | Asked in Probate for Wisconsin on
Q: Dad passed with no will. Just received inheritance a month ago from my grandpa. Stepmom says it's all hers.

Stepmother said they were separated not legally though and has a boyfriend how can I get my grandfather's inheritance

Nina Whitehurst
Nina Whitehurst answered on Dec 11, 2019

You really need to discuss your individual circumstances with a local probate attorney. There are too many missing facts to be able to answer your question. An attorney needs to review your dad's will. If your stepmom refuses to let you see it, and if she had not opened probate, then you... Read more »

1 Answer | Asked in Probate for Wisconsin on
Q: Estate/Probate question. See below

My brother passed away unexpectedly a few days ago. He was in the process of completing a will but did not

complete it. He has two (2) estranged children. I does have assets (condominium/car). He made it known that he wanted me to handle all of his affairs in the event of his death and... Read more »

Thomas B. Burton
Thomas B. Burton answered on Dec 9, 2019

I am sorry to hear about your brother's passing. Unfortunately, if he did not complete and sign the Will before two disinterested witnesses, it will not be valid in the State of Wisconsin. Based on the facts above, it sounds likely he died "intestate" meaning his assets will pass... Read more »

1 Answer | Asked in Criminal Law and Probate for Wisconsin on
Q: If i am on probation and have a stayed sentence of 6 years. I pick up 3 new charges and my probation officer lifts hold

Am i still able to be revocated upon sentencing for new charges?

Matthew R Meyer
Matthew R Meyer answered on Nov 20, 2019

If you're on probation and you're accused of violating your rules of probation, you can be revoked. Generally probation officers will force you to sit in jail on a probation hold while investigating the allegations against you. If that hold is released, that's certainly a good... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.