Get free answers to your Probate legal questions from lawyers in your area.
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 
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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
I own contiguous property in Langlade County, Wisconsin, purchased from two different owners at different times. This property has two tax keys and is represented by three deeds. Two of the deeds are associated with one tax key, while the third deed corresponds to the second tax key. However, the... View More
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answered on Jun 11, 2025
You’re on the right track by checking with the title company, and it’s encouraging to hear they confirmed it’s possible. In Wisconsin, you can combine properties onto a single deed as long as you have full ownership and the parcels are contiguous, which is your case. When creating a new deed... View More
My father passed away in December and had a life estate will that allows his wife to live in the house until she either dies or moves out. She is moving to her own apartment and has stated she will not pay any bills or taxes associated with the house, even though the paperwork indicates it is hers... View More
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answered on May 23, 2025
Was the Will probated? If not, it had no effect. If probated, then hire a WI attorney to draft a deed from the life tenant over to the three remaindermen. Record it and take possession. Someone has to pay taxes, note, insurance.
My girlfriend inherited money from her late father's estate, and the will states she must be married to receive the funds. We are planning to get married, but her father's lawyer is asking for a $1,000 fee for a change of ownership before releasing the funds. I requested a copy of the... View More
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answered on May 15, 2025
It's not uncommon for an estate to have conditions outlined in a will that must be met before inheritance is distributed, such as marriage in your girlfriend's case. However, the lawyer asking for a \$1,000 fee for a change of ownership before releasing the funds is something you should... View More
A relative has deceased very recently in Wisconsin. This individual was divorced with no children and left no will. The deceased has 3 siblings. While at the deceased's residence, a letter arrived regarding paternity test information; it's unclear if the deceased anticipated this. The... View More
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answered on Apr 15, 2025
In your situation, it’s wise to preserve the deceased’s DNA, especially considering the possibility of a paternity claim. In Wisconsin, paternity can be legally established after death, but to do so, you may need DNA from the deceased, which is why it’s important to act quickly. Since the... View More
I'm located in Wisconsin. My wife has passed away and all our assets were primarily in my name, except for a joint checking account and some credit card accounts. She left a will stating that I am the sole beneficiary of her assets with distributions to our children if I am deceased. Given... View More
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answered on Apr 12, 2025
I'm sorry to hear about your loss. In Wisconsin, whether probate is necessary depends on the nature and titling of your wife's assets. Since most assets were in your name, and only a joint checking account and some credit card accounts were held jointly, probate might not be required.... View More
In 2009, my father changed the deed on his home to transfer on death to his four children, including me, my sister, and two other siblings, with us specifically named. My father passed away in December 2024, and the transfer on death was formally recorded and notarized. My sister has lived in the... View More
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answered on Feb 24, 2025
Hire a WI lawyer to file suit for partition.
FIRST: I do direct my Personal Representative to pay from my estate allowable claims, funeral expenses, expenses of administration, and death taxes (including penalties and interest) that are payable as a result of my death, whether or not the transfers on which these taxes and expenses incurred... View More
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answered on Sep 20, 2024
No... If will probated, a claim can be filed (and paid) for funeral expenses.
There was suppose to be a POD on her account but they can't find it. We live in Wisconsin.
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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
Fail to honor his wishes and her and his sister shared it privately. What can be done?
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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.
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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... View More
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
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.
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
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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?
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
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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
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
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
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
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
will created and signed in California for a now Wisconsin resident
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
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.
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
Do I need to show a copy of the will to the bank?
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
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
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