Oak Creek, WI asked in Estate Planning and Probate for Wisconsin

Q: Adult child dies after being raised by father and stepmother. Does the mother still have right to 50% of his estate?

Adult child was 59 years old and had seen his estranged mother 1 time since before he was a teenager. His father and stepmother raised him and he lived with them until he passed. He died and named his estate as the beneficiary of his 401k. He had a named beneficiary for life insurances and other items.

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: If he had no surviving spouse or children, yes, that is quite likely. THAT is why it is important for everyone to have an estate plan. Reason #1 (out of at least a dozen reasons), is to make sure your stuff goes to who you want.

Thomas B. Burton and Tim Akpinar agree with this answer

Sarah Lynn Ruffi
Sarah Lynn Ruffi
Answered
  • Estate Planning Lawyer
  • Wausau, WI
  • Licensed in Wisconsin

A: Based upon the question, I presume that mother never gave up her parental rights. Therefore, if he had no spouse, no children and no Will, that is generally how it works under Wisconsin's intestacy statutes.

Thomas B. Burton and Tim Akpinar agree with this answer

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