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?

Related Topics:
2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
  • 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
  • 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.

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.