Gilmer, TX asked in Probate for Wisconsin

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?

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

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

Thomas B. Burton
Thomas B. Burton
Answered
  • Estate Planning Lawyer
  • Eau Claire, WI
  • Licensed in Wisconsin

A: If your Mom died without a Will, she died what we call "intestate" meaning with no Will, and her estate will be distributed according to the laws of intestacy written by the Wisconsin Legislature. Since you are a child and an heir of your Mother, you can petition to be appointed as Personal Representative (Executor) of her Estate. You should likely bring this petition in the County where your Mother resided at the date of her death. I suggest you work with a qualified lawyer to help you with this process, as there are many forms that must be filled out and deadlines to be met. Probate can be a very time consuming and arduous process so I wish you the best of luck with this.

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