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Wisconsin Probate Questions & Answers
1 Answer | Asked in Criminal Law and Probate for Wisconsin on
Q: If i am on probation and have a stayed sentence of 6 years. I pick up 3 new charges and my probation officer lifts hold

Am i still able to be revocated upon sentencing for new charges?

Matthew R Meyer
Matthew R Meyer answered on Nov 20, 2019

If you're on probation and you're accused of violating your rules of probation, you can be revoked. Generally probation officers will force you to sit in jail on a probation hold while investigating the allegations against you. If that hold is released, that's certainly a good sign, but it's not... Read more »

2 Answers | Asked in Estate Planning and Probate for Wisconsin on
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... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 20, 2019

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.

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2 Answers | Asked in Probate for Wisconsin on
Q: Can an estate be divided by children and living spouse through probate if there was no will?

My mother passed away and my father is mentally disabled (he does not have a guardian, us kids have been taking care of him). The only asset she had was the house. The house is in both of their names. I am wondering if it is possible to for the estate to be divided up by us three kids and my father... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 25, 2019

It does depend on how the deed is worded but if a probate is required and her children are all your dad's children too, then your dad will get your mother's entire estate. Then when your dad dies, if he too has no will, the children will inherit everything in equal shares.

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1 Answer | Asked in Probate for Wisconsin on
Q: My mother passed away Nov. 2015. I never received my inheritance can call probate yet

My mother told me that I will will be receiving a parcel land and some cash and the Will

was dated also in 2015

Thomas B. Burton
Thomas B. Burton answered on Jun 19, 2019

If there was a Will, it should have been filed with the probate office at the Courthouse in the County in which your Mother resided when she died. If a probate action was opened, it should be listed online in the Wisconsin Circuit Court Access system. You can go to their website and search using... Read more »

1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: what are the risks to using probate rather than a trust in florida?

My great aunt just passed (she lived and drafted her documents in Florida). her attorney is advising using probate rather than the trust. why do this? what's the point of doing a trust then?

Thomas B. Burton
Thomas B. Burton answered on Jun 12, 2019

If your Aunt has a properly set up Trust, then the best way to avoid probate is often to have the assets pass through the Trust. I do not know the specifics of this situation, but it is possible that your Aunt set up the Trust but did not properly fund the trust (meaning she didn't transfer her... Read more »

1 Answer | Asked in Probate for Wisconsin on
Q: My daughters father died in a accident 3/22. He had no will, lived in Mn & Fl and owns $500k...how do I start probate?

His name is Troy T Gambucci age 46. Died in Az, lived in Mn and Fl. He has 2 properties in Florida in only his name no liens. His mom, Pam Karahalios(Dickerson) age 69 lives in the house in Shakopee, Mn with him. He just closed on a house he owned March 6 and profit of $90k went into his business... Read more »

Thomas B. Burton
Thomas B. Burton answered on May 16, 2019

Hello, I am sorry to hear about the passing of your daughter's father. The previous advice you received is correct, if your daughter's father passed away without holding the real estate in Florida and Minnesota in a Trust, then a probate action will likely need to be opened in both states for the... Read more »

1 Answer | Asked in Probate for Wisconsin on
Q: How will you know when you are no longer in Probate ?
Thomas B. Burton
Thomas B. Burton answered on Apr 22, 2019

Your lawyer should tell you when the probate process has been concluded and the Court has closed the Estate. If you do not have a lawyer, you can check the status of the case online on the Wisconsin Court system website. You just need to know the case number, or the name of the deceased, and the... Read more »

1 Answer | Asked in Real Estate Law and Probate for Wisconsin on
Q: My brother and I inherited land when our mother passed away my aunt's own a portion of said land

I asked my aunts to buy us out or were selling our portion there making things difficult although we inherited it legally , 1 aunt is saying it's private property and that we can't sell our portion .

Thomas B. Burton
Thomas B. Burton answered on Apr 22, 2019

You will need to look at the deed to determine how you took title to the land to figure out what to do next. I recommend you pay a real estate lawyer to examine it for you and then lay out your best options in this situation. If you and your brother own an interest in the property, and you hold... Read more »

1 Answer | Asked in Probate for Wisconsin on
Q: I received a domiciliary letter as personal rep for my brother's estate. What else is needed to list and sell the house?
Thomas B. Burton
Thomas B. Burton answered on Apr 1, 2019

If you have received Domiciliary Letters from the Court and have been appointed as Personal Representative for your brother's Estate, then you now have authority under state law to act on behalf of the Estate. This means you can now go about listing the home for sale, and or hiring a realtor as... Read more »

1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: How do I file to become a Personal Representative for my deceased Uncle’s assests. He lived in West Allis, WI

He died in February and left no Will. He owned a home and has a checking and money market account, that we have no access to.

Thomas B. Burton
Thomas B. Burton answered on Apr 1, 2019

Hello, I am sorry to hear about your Uncle's passing. If you want to become appointed as Personal Representative of his Estate, you will need to file an Application for Informal Administration, or an Application for Formal Administration to Open the Probate, as well as a Consent to Serve Form,... Read more »

2 Answers | Asked in Tax Law and Probate for Wisconsin on
Q: Who is responsible for real estate property taxes on a Home being held in a testamentary trust for minor children?
Thomas B. Burton
Thomas B. Burton answered on Mar 27, 2019

You should check the terms of the trust, but usually the trust itself will pay the taxes while the home is being held in trust for the minor children. This could be altered by the terms of the trust, to say someone else must pay, but since the children are minors, it seems likely that the trust was... Read more »

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1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: My father is buried in a dbl plot. My mother just passed and was cremated. We have the will with her wishes

Can daughter bury urn herself into the ground?

Thomas B. Burton
Thomas B. Burton answered on Feb 5, 2019

I would check with the person in charge of the Cemetery to see if they have any rules about who is allowed to bury the ashes. Generally, I have had other clients say they were allowed to bury an urn in a burial plot they own. It sounds like your father has a double plot so he should be able to do... Read more »

1 Answer | Asked in Probate for Wisconsin on
Q: My mother passed away without a will in Dane Cty, Wisconsin. My sister & I were her only children living in other states

Total value of her personal property approx $500 & a joint checking acct with sister & self ($1500). At time of death she was in skilled nursing facility & enrolled Care Wisconsin (paid monthly amount from only income of SS) & Medicaid. Her personal property could not be used by us. Are we... Read more »

Thomas B. Burton
Thomas B. Burton answered on Feb 2, 2019

If you and your sister are your Mom's only children, and she died while unmarried, then you will be her only heirs under the laws of intestate succession. If you need to transfer the Bank Account to you and your sister, there is a simplified process for estates under $50,000 where you can use a... Read more »

1 Answer | Asked in Probate for Wisconsin on
Q: I sold home for mother's home as guardian to pay for care, that I was to inherit 50% , do I get a share of other assets

mom inherited $167.000 after being placed in memory care facility. sister was left all assets and 50% of home, do I get nothing?

Thomas B. Burton
Thomas B. Burton answered on Jan 24, 2019

It is unclear to me from your question whether you and your sister are the only children of your mother. If it is just you and your sister, and your mother was unmarried when she died, then it is likely you and your sister are her only two heirs under the laws of intestacy. If your Mother executed... Read more »

1 Answer | Asked in Real Estate Law and Probate for Wisconsin on
Q: Deed stolen to deceased relative home. Hear they are putting their name on deed. What are our options?

Person has deed and abstract to house- without permission. They are not related or family. They are telling people they are getting the house. Children living did not okay this. Home owner has been deceased for 8 years. What can we do to make sure this doesn’t happen?

Jason Anthony Greller
Jason Anthony Greller answered on Dec 2, 2018

The value in a deed is in the recording of the deed - not the possession of the deed. You just can't write your name on a recorded deed and take the property. Assuming the deed was properly recorded, the only way to change title is to record a new deed. If any subsequent deed is fraudulent it could... Read more »

1 Answer | Asked in Probate for Wisconsin on
Q: My parents died six months apart the will was revised but not signed when my mother died, why is probate required?

My father died in March due to an auto accident. My mother died in September due to another auto accident. My mother had received the will revision but didn't sign it before her passing. The home had been in both parents name and both had their own wills, which were identical. Why are we... Read more »

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Oct 29, 2018

The law in Wisconsin requires a probate to be opened in a person's estate is worth more than $50,000.00. Based on your facts, your mother owned a home when she died and had assets totaling $85,000 that need to be distributed. The only way to distribute those assets (regardless if her Will was... Read more »

1 Answer | Asked in Family Law and Probate for Wisconsin on
Q: Is there any legal way to disown my mother and my sister?? I want nothing to do with my moms estate when she passes

I want nothing to do with my sister also when dealing with my moms estate. I basically want to erase any obligations i would have it either would pass away.

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

When your mom passes, you can disclaim any inheritance.

1 Answer | Asked in Probate and Estate Planning for Wisconsin on
Q: How can an affidavit be filed if there was a will.

I'm the PR on the will but I'm not an heir. The person that passes didn't name her child on the will because she did not want her on the will but the heir filed an affidavit. Will she get what she is asking for?

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

The Will would need to be filed with the Probate Court in the county where the decedent last resided. The child would then need to challenge the Will and argue to the Court why the Will should not be deemed valid.

1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: My son at just 41 years old passed on. He was living with a woman but not married. As his mother I am next of kin.

How do I access his belongings? He also has two precious children. What are my grandparent rights?

Thank you kindly for your time,

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

Sorry for your loss. His children are his beneficiaries and legal heirs. The children are the ones who would receive your son's assets and belongings.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Wisconsin on
Q: If your Mother is in a nursing home and she inherits $100,000. Who gets the money...nursing home or remaining children?

The mother has a bad case of Alzheimer's.

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

Since Mother has Alzheimer's, she should have a financial power of attorney (would need to have been signed prior to the Alzheimer's diagnosis) or a guardian appointed by the courts (if no power of attorney). The person in charge of Mother's money (Power of Attorney or Guardian) should be the... Read more »

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