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Wisconsin Probate Questions & Answers
0 Answers | Asked in Probate for Wisconsin on
Q: Can a case be reopened if someone had no knowledge of court proceedings and would have contested in court if they had

This would be for a case of probate court and from what I see are fraudulent stuff within the paperwork going on with amounts and a person truly not being the personal representative. Stolen will not being put into court for 4 1/2 months . I am trying to find a lawyer to help us understand what or... View More

0 Answers | Asked in Estate Planning and Probate for Wisconsin on
Q: We lost our loved one nearly 4 years ago

however they were living with another persons home and the property was to remain in the home until he passed. He has passed away now and the children of him are refusing to allow us to get our items out of the home. Is there anything that can be done or any type of lien that could be placed on... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Wisconsin on
Q: How do I account for vendor's interest in a land contract when completing inventory of estate?

My father passed away and was the vendor in a land contract agreement with my aunt. There is nothing about survivorship rights in the contract. I need to inventory his assets for informal probate. How do I account for his interest in the land contract as a vendor at the time of his death? Is he... View More

Anthony M. Avery
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answered on Mar 14, 2024

The contract for deed is a chose in action which is personal property. It is an Estate asset, for which the fiduciary can sue on or be sued to enforce. Your lawyer should know this. Its value can be easily computed by the amount owed on the contract. The lessee Aunt has the risk of not... View More

1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: Do I really have to go through probate in Wisconsin to close my deceased mother's bank account which only has 1300.00.

There was suppose to be a POD on her account but they can't find it. We live in Wisconsin.

Anthony M. Avery
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answered on Jul 17, 2023

If you cannot convince the Bank to transfer funds with an Affidavit of Heirship/ Next of Kin, then it may not be worth the time and money to get the funds. Call a WI attorney about a possible summary probate or Affidavit, but it may be best to forget about those funds. Banks keep... View More

1 Answer | Asked in Antitrust and Probate for Wisconsin on
Q: The sole beneficiary of his uncle's estate and life insurance policy never received anything, but the executor (neice)

Fail to honor his wishes and her and his sister shared it privately. What can be done?

Anthony M. Avery
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answered on Jul 14, 2023

Hire a WI attorney to check the Probate File and see what is going on. If it is as you say, then either remove the Executor for cause and an accounting, or sue the executor for conversion. Speed is important here. I doubt there is a Bond that can be claimed against.

1 Answer | Asked in Arbitration / Mediation Law, Banking, Elder Law and Probate for Wisconsin on
Q: I am trying to find out what needs to be done to get my late parents bank records My brother, I and my daughter where P
James L. Arrasmith
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answered on Mar 5, 2023

To obtain the bank records of a deceased parent, you will typically need to follow a specific process that may vary depending on the laws and regulations in your jurisdiction. Here are some general steps you may need to take:

Obtain legal authority: In most cases, you will need to obtain...
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1 Answer | Asked in Family Law and Probate for Wisconsin on
Q: My husband's father passed away in May 2022 in Texas, with no will. Does my husband have any right to his estate.

My husband was the only child, and his father was remarried. At the time of his passing his step- mother said my husband would get about $30,000 from his JP morgan account and since then she has made her son from a different marriage power of attorney. The stepmother now acts like she never said... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 1, 2023

You should contact a probate lawyer who practices in or near the city/county your father-in-law passed. Discuss in detail your situation and see what said lawyer advises. It is worth the cost of a consultation to get information. Good luck.

1 Answer | Asked in Probate for Wisconsin on
Q: My brother died in Wisconsin. He had no money or possessions of any value. As a sister, do I have to do anything?

I arranged for his cremation and have received his remains and death certificates. The assisted living where he recently moved said that they sent me his important papers and personal items in a package but I have not received anything from them. They won't return my calls. I don't... View More

Anthony M. Avery
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answered on Sep 13, 2022

If there are no assets, then there is nothing to Probate. Are you sure he had no interest in any real property?

1 Answer | Asked in Collections, Native American Law and Probate for Wisconsin on
Q: My friend died. Can her siblings just give me all of her possessions?

She was estranged from her siblings. They don't want to deal with any of the things that need to happen after someone dies. They've told me I can have her possessions; I know she does not have anything of much value. Is there a way that I can take over here final affairs from the... View More

Nina Whitehurst
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answered on Apr 18, 2022

It is difficult to answer your question without knowing exactly what comprises your friend’s estate. But, yes, it is possible for you to be appointed by the court to handle the distribution of her estate. That will probably require the siblings to sign consents. Also, understand that you will... View More

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... View 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... View 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... View 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... View More

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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

Nina Whitehurst
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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.

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