Milwaukee, WI asked in Probate for Wisconsin

Q: I sold home for mother's home as guardian to pay for care, that I was to inherit 50% , do I get a share of other assets

mom inherited $167.000 after being placed in memory care facility. sister was left all assets and 50% of home, do I get nothing?

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1 Lawyer Answer
Thomas B. Burton
Thomas B. Burton
Answered
  • Probate Lawyer
  • Eau Claire, WI
  • Licensed in Wisconsin

A: It is unclear to me from your question whether you and your sister are the only children of your mother. If it is just you and your sister, and your mother was unmarried when she died, then it is likely you and your sister are her only two heirs under the laws of intestacy. If your Mother executed a Will, she could have changed this disposition to leave more to your sister or to someone else. However, in general, if your Mother died without a Will, and you and your sister were the only heirs, then all probate assets (all assets that pass through the court system and not by contract like a life insurance policy) would be split evenly between you and your sister. It is also possible that your Mother placed your sister's name on the deed to her house, and then this asset would pass according to the title on the deed of the property. Your mother is free to leave her estate to anyone she wishes if she properly executed a Will. I would need more facts about this situation to better answer your question.

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